What Is Probate?

Probate is a court-supervised process that transfers legal ownership of a deceased person’s assets to their heirs or beneficiaries. It ensures debts, taxes, and expenses are properly handled before distributions are made.

In Missouri, the process typically includes:

1. Filing the will with the probate court.
2. Appointing a personal representative (executor).
3. Publishing notice to creditors (starts the six-month claim period).
4. Inventorying and valuing assets.
5. Paying debts, taxes, and expenses.
6. Getting court approval for the final distribution.
7. Closing the estate.

Timeline:
The earliest an estate may be closed is six months and 10 days after the first creditor notice is published. Most estates take 9–12 months or more to complete.

When Probate May Not Be Required

Some assets can pass directly to beneficiaries without going through probate:

• Jointly owned property with right of survivorship.
• Retirement accounts and life insurance with named beneficiaries.
• Bank accounts with payable-on-death (POD) designations.
• Assets held in a living trust.

Missouri also offers a Small Estate Affidavit process if the estate’s value meets certain requirements, allowing property to be transferred more quickly.

When You Should Hire a Probate Attorney

While some estates are straightforward, many situations benefit from legal representation—especially if:

• The will is contested by family members.
• The estate includes a business or multiple real estate holdings.
• There are significant debts or tax liabilities.
• Probate rules are complex or unclear.
• Locating heirs or resolving disputes may delay the process.

A probate attorney ensures compliance with Missouri law, reduces delays, and helps prevent costly mistakes.

Preventing Family Conflicts During Probate

Disagreements can arise when emotions are high and valuable assets are involved. To reduce disputes:

• Clearly divide assets in your estate plan.
• Explain your decisions to heirs in advance.
• Avoid requiring multiple heirs to share property.
• Include funeral and burial preferences in writing.
• Consider trusts for minors to streamline future management.

How Legacy Law Center Supports You

When you choose our firm, you get:

• Personalized legal advice from Missouri probate specialists.
• Step-by-step guidance through required filings and court procedures.
• Assistance with asset valuation, debt payment, and tax compliance.
• Conflict resolution strategies to keep the process moving.
• Peace of mind knowing your loved one’s wishes are respected.

FAQs About Missouri Probate

Q: How long does probate take in Missouri?
Most estates take 9–12 months, though small or uncontested estates can close sooner.

Q: Can I avoid probate completely?
Yes—through tools like living trusts, joint ownership, and beneficiary designations.

Q: What if I’m named as an executor but don’t live in Missouri?
You can still serve, but additional requirements may apply. Our attorneys can guide you.

Q: What happens if there’s no will?
Missouri’s intestacy laws determine heirs, and the court appoints a personal representative.

Speak With a Missouri Probate Attorney Today

Don’t navigate probate alone. Since 2012, Legacy Law Center has helped Missouri families honor their loved ones’ wishes while protecting their legal and financial interests. We make a complex process easier—and help you move forward with confidence.

Call us today or complete our secure online form to schedule a confidential consultation and take the first step toward protecting your legacy.

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(636) 486-2669

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• Main Office: 3401 Technology Drive Suite 219, Lake St. Louis, MO 63367

• 4215 Old Hwy 94 S, St Charles, MO 63304

• 1001 Boardwalk Springs Pl #111 O’Fallon, MO 63368