After a relative dies, their will goes through the probate process. An experienced probate lawyer can help you navigate this process to help it go faster and make sure you cover all the necessary steps. Checkett, Pauly, Bay & Morgan explain the probate process in Missouri.
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What Is Probate?
Probate is simply a way to transfer assets from a person who is deceased to those who are alive. These assets are still in the deceased person’s name and must go through a process before being distributed to those who will inherit them.
Do You Need a Will?
If the deceased person has a valid last will and testament, the probate court will enforce that document and require assets to be passed as directed. A will can help the process move faster.
If the deceased person does not have a valid will, then Missouri law takes over and determines who will be the executor of the estate and what assets will go to what relatives. In other words, everyone has an estate plan. Some are thought out and carefully implemented, while some are provided by state law.
What Is the Probate Process in Missouri?
Missouri probate courts are part of each county’s circuit court. The process is controlled and supervised by the court to administer the deceased person’s affairs and make an orderly distribution of assets.
First, the will must be validated. Then the executor of the will is named. If there is no will, the court will choose someone, usually a relative, to be the executor of the will. That person must notify any creditors, and settle any debts, then notify any beneficiaries of assets.
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How Long Is the Probate Process?
Probate administration typically takes six to twelve months, assuming no particular problems with the heirs or with the assets to be administered. The probate administration will commonly cost anywhere from three to six percent of the total estate. Probate can easily be avoided through a simple yet important estate plan designed by attorneys experienced in such matters.
Probate Attorneys in Joplin, Missouri
Checkett, Pauly, Bay & Morgan has administered hundreds of probate cases over the years, and we’re glad to assist you in probate or in avoiding probate. You are welcome to call for a free consultation at (417) 358-4049.