Probate Lawyer O’Fallon, MO – Legacy Law Center

Losing a loved one is never easy. On top of grief, you may be faced with the legal responsibility of managing their estate — a process that can feel overwhelming, especially if you’ve never been through probate before. Whether your loved one left a will, passed without one, or you’re planning your own estate to ease the burden on your family, the experienced team at Legacy Law Center is here to guide you every step of the way.

Why Work with an O’Fallon, MO Probate Lawyer

In Missouri, probate is often required to validate a will, pay debts and taxes, and transfer remaining assets to beneficiaries. The process can be straightforward in some cases, but in others — especially when valuable property, complex assets, or disputes are involved — it can become complicated, costly, and time-consuming.

Working with an experienced probate lawyer can help you:

• Navigate Missouri’s probate laws and court requirements.
• Ensure all filings and deadlines are met.
• Reduce family disputes and legal challenges.
• Avoid costly mistakes that can delay distribution.
• Explore strategies to minimize or bypass probate where possible.

Understanding the Probate Process in Missouri

While every case is unique, the probate process typically includes:

1. Filing a Probate Petition
   Initiating probate with the circuit court in the county where the decedent lived. The court will validate the will (if one exists) and appoint the executor or personal representative.
2. Inventory and Appraisal of Assets
   Locating, valuing, and securing all assets — from real estate and vehicles to bank accounts, investments, and personal property.
3. Paying Debts and Taxes
   Notifying creditors, paying outstanding bills, and ensuring all state and federal taxes are settled. Executors can be held personally liable if this step is mishandled.
4. Distributing Assets
   Transferring property to heirs or beneficiaries according to the will or, if no will exists, Missouri’s intestacy laws.
5. Closing the Estate
   Filing the final accounting with the court and formally closing the probate case.

Common Challenges and Pitfalls to Avoid

Our decades of probate experience have taught us that these issues frequently cause delays or disputes:

• Missing Deadlines – Probate has strict timelines for filings and notifications.
• Overlooking Assets – Smaller items, digital accounts, or sentimental property can easily be forgotten.
• Underestimating Debts – Distributing assets before settling all debts can result in personal liability.
• Poor Communication with Beneficiaries – Lack of updates can create mistrust and disputes.
• Going It Alone – Without legal guidance, even a simple case can run into costly complications.

Avoiding Probate in Missouri

With proper planning, it’s possible to minimize or avoid probate altogether. Common strategies include:

• Creating a Revocable Living Trust – Transfers assets directly to beneficiaries outside of probate.
• Using Beneficiary Designations – Naming payable-on-death (POD) or transfer-on-death (TOD) beneficiaries on bank accounts, investments, and real estate.
• Joint Ownership with Rights of Survivorship – Automatically transfers ownership to the surviving co-owner.
• Gifting Assets During Your Lifetime – Removes property from your estate, though tax implications should be considered.

An O’Fallon probate lawyer at Legacy Law Center can review your situation and help you choose the right approach.

Probate Infographic

Who We Represent

We work with clients from all walks of life, including:

• Out-of-state executors and heirs
• Families navigating estates without a will
• Individuals disputing a will or estate plan
• Elderly clients in assisted living
• Parents establishing guardianship for minor children
• Business owners with complex asset portfolios

How Legacy Law Center Can Help

When you choose us, we handle every legal detail so you can focus on what matters most. Our services include:

• Preparing and filing court documents
• Managing creditor notifications and debt resolution
• Coordinating asset appraisals and sales
• Advising on tax obligations
• Mediating beneficiary disputes
• Guiding executors through each step of administration
• Offering estate planning to protect your own legacy

FAQs About Probate in Missouri

Do all estates go through probate?
No. Small estates under certain value thresholds may qualify for simplified procedures. With advance planning, probate may be avoided entirely.

How long does probate take?
A straightforward case may take six months to a year. Disputes or complex assets can extend the process.

What happens if there’s no will?
The estate is distributed according to Missouri’s intestacy laws, which set priority for heirs.

Can I start probate without an attorney?
Yes, but given the legal requirements and potential for personal liability, most executors benefit from professional guidance.

Contact an O’Fallon, MO Probate Lawyer Today

Whether you’re starting the probate process, facing challenges as an executor, or planning ahead to protect your family, Legacy Law Center is ready to help. Our team combines legal expertise with compassionate guidance to make a difficult process as smooth as possible.

Call us today to schedule a confidential consultation and learn how we can assist with your probate or estate planning needs or complete our secure online form.