Probate Lawyer St. Charles, MO 
When a loved one passes away, their assets must be transferred to the rightful heirs or beneficiaries. In Missouri, this process—called probate—is overseen by the court to ensure debts are paid, property is distributed fairly, and the rights of the estate are protected.
At Legacy Law Center, we’ve guided families, seniors, and veterans through probate and estate planning since 2012. Whether you need help managing a loved one’s estate or want to protect your own from going through probate, our St. Charles probate attorneys are here to provide experienced, compassionate guidance.
What the Probate Process Involves
Probate is the legal process of proving a will’s validity and carrying out its instructions. If there is no will, Missouri’s intestate laws determine how assets are distributed.
The court typically appoints an executor (named in the will) or an administrator (if there is no will) to:
- Inventory and value assets
- Pay debts and taxes
- Maintain or sell property as needed
- Distribute remaining assets to beneficiaries
The complexity of probate depends on the size of the estate, the clarity of the will, and whether any disputes arise.
How to Bypass or Simplify Probate
Many people aim to reduce or avoid probate entirely. This requires planning ahead by:
- Creating a revocable living trust
- Holding property in joint ownership with rights of survivorship
- Naming beneficiaries on life insurance, retirement accounts, and bank accounts
Our probate lawyers can help you structure your estate plan to protect your legacy and minimize the time and cost of probate.
Why Wills Are Contested
A will may be challenged if questions arise about:
- Testamentary capacity – Was the person mentally able to make a will?
- Undue influence – Was the person pressured into certain decisions?
- Improper execution – Were legal requirements met?
- Fraud or forgery
Discussing your wishes with loved ones ahead of time—and documenting them clearly—can help prevent disputes.
Tips for Executors Managing Probate
Being an executor is a serious legal responsibility. Common tasks include:
- Determine if you need a lawyer – Complex estates often require legal guidance.
- Gather all documents – Death certificate, will, trust papers, tax returns, property deeds, account statements.
- Protect assets – Prevent early distribution before debts and taxes are paid.
- Communicate with beneficiaries – Transparency helps reduce conflicts.
If you feel overwhelmed, our legal team can manage probate on your behalf.
Probate Infographic
If There Is No Will (Intestate)
When someone dies without a will, Missouri law decides who inherits assets. The court appoints an administrator, requires a surety bond, and ensures assets are distributed according to state statutes—not personal wishes. Without a will, the process often takes longer, costs more, and creates more opportunities for disputes.
Why Choose Legacy Law Center
- Over a decade of probate and estate planning experience in Missouri
- Clear guidance through every step of the process
- Strategies to minimize costs, reduce delays, and protect your family’s interests
Frequently Asked Questions About Probate in Missouri
What is probate and why is it necessary?
Probate is the court-supervised process of proving a will’s validity, paying debts, and distributing assets. It ensures legal ownership is transferred correctly and protects the rights of heirs and creditors.
How long does probate take in Missouri?
Most cases take 6–12 months, but complex estates with disputes or tax issues can take longer.
Can all estates avoid probate?
No. However, proper planning—such as creating a living trust or using beneficiary designations—can help many assets bypass probate.
What happens if there is no will?
The estate is distributed according to Missouri’s intestate succession laws, which outline a priority order for heirs.
Do I need a lawyer to go through probate?
While it’s not legally required, having an attorney can help avoid costly mistakes, reduce delays, and ensure all legal obligations are met.
Probate Law Glossary
When working with a St. Charles, Missouri probate lawyer, it’s important to understand the legal terms used throughout the process. Below, we’ve outlined key terms often encountered during probate and estate planning. Each definition is explained with clarity to help you feel more confident when reviewing your own estate plan or managing a loved one’s affairs.
Executor Appointment
An executor is a person named in a will to carry out the wishes of the deceased. If no one is named, or if the named individual is unwilling or unable to serve, the probate court appoints someone as the personal representative—also known as an administrator. This person’s responsibilities include locating and valuing all assets, handling debts and taxes, and distributing what’s left to the correct heirs or beneficiaries. Executors in Missouri must be approved by the court before taking control of the estate, and in many cases, they may be required to post a bond.
Executors are expected to act impartially, keep detailed records, and communicate with interested parties. If disputes arise or significant decisions are needed—such as selling real estate—court approval is often required. Those serving in this role should consider legal support to avoid delays or legal risks.
Intestate Succession
When a person dies without a valid will, they are considered to have died “intestate.” In Missouri, this triggers a legal process called intestate succession, which determines who inherits the estate under state law. The rules follow a priority order starting with surviving spouses and children. If no immediate family exists, more distant relatives may be eligible.
Because there is no written guidance from the deceased, the court plays a larger role. An administrator must be appointed, and the probate process often takes more time and carries higher expenses. Having a valid will can prevent this uncertainty and give control over how assets are distributed.
Revocable Living Trust
A revocable living trust is a legal tool used to hold and manage a person’s assets during their lifetime and after death. It’s “revocable” because the person who creates it (the grantor) can change or cancel the trust at any time while they are still alive and mentally competent.
Assets placed in a properly funded trust do not go through probate, making this a common way to streamline estate transfer. The grantor typically acts as the trustee and names a successor trustee to manage the trust after death or incapacity. Unlike a will, which becomes public during probate, a trust remains private. This can help avoid delays and reduce the chance of legal disputes.
Testamentary Capacity
Testamentary capacity refers to the mental ability a person must have to create a valid will. In Missouri, this means the person must understand the nature of making a will, the extent of their property, and the identity of the people who would typically inherit from them.
Challenges to a will based on lack of testamentary capacity are common, especially if the individual had a diagnosis like dementia or was under medical care when the will was signed. Proper documentation, including medical evaluations and witness testimony, can help prove capacity and uphold the validity of the will.
Beneficiary Designations
Beneficiary designations are instructions on financial accounts or policies that state who will receive the assets when the owner dies. These designations override any instructions in a will or trust, making them an important part of an overall estate plan.
Common accounts with beneficiary designations include life insurance, retirement plans (like IRAs or 401(k)s), and bank accounts with payable-on-death (POD) instructions. Keeping these designations current is essential to prevent unintended transfers. For example, an outdated beneficiary form that still names an ex-spouse could lead to unwanted outcomes.
For those seeking a probate lawyer in St. Charles, Missouri, Legacy Law Center offers clear guidance and trusted experience to help you manage the estate process or develop a strong plan for your own future.
If you need help with probate, trusts, or estate planning, contact us today to schedule a confidential consultation.
Take The Next Step
Whether you are:
- Facing probate now
- Acting as an executor
- Planning your estate to avoid probate later
…our team is ready to help.
Call us today at (636) 486-2669 or contact us online to schedule a confidential consultation with a St. Charles probate attorney.
