Get a Secure Inheritance Loan, usually within 72 Hrs if you’re an Heir or Beneficiary of an Estate in Missouri, in Probate or Trust
If you are currently dealing with, or about to deal with, the Missouri state court system with respect to a probate or estate issue – the following information should be helpful to you.
Probate law governs estate matters when someone who, such as a family member or other loved one, passes away. These laws insure that creditors are paid properly and that assets are distributed correctly to the “heirs,” or the descendant(s) of the estate.
What is the purpose of Probate? Probate is the legal process that deals with estate assets and property, with regard to heirs and creditors. Probate begins with a “petition” to open the estate and name a personal representative who is responsible for the administration of the deceased’s property.
The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
Missouri Probate Law
Probate in the state of Missouri requires that the people managing your estate and inheritance matters are well aware of exactly how probate should be conducted, with regard to state probate regulations, deadlines and written documents.
In Missouri, as in most states, the time-frame allowed for appeals during probate is limited. If deadlines are passed by, the result could be problematic. To initiate Missouri probate, you must correctly file evidence of the decedent’s death with the probate court during the time allotted. Similarly, at the closing of probate, your personal representative has to file “proof of service” with the court – also within a given time-frame, or deadline; and presented in the format the court allows for.
You’ll not only have to correctly deal with presenting formal documents correctly, you will also have to get signatures when necessary, and appear in front of the probate court for certain court dates, and so on. Additionally, appeals are crucial during the probate process in Missouri, and directly affect all inheritance matters.
At the start of probate in Missouri, you have to establish a genuine copy of the decedent’s death certificate (released by an official agency). The death certificate must include place of death, date and time of death, etc. The state is rather strict as to the content of this document, and how the document is presented to the probate court. In Missouri it is necessary to present a certified copy of records, or a report from a government agency, proving that the decedent is in fact deceased.
In Missouri, any person absent for 5 consecutive years, and whose absence can’t be reasonably accounted for, is presumed to be deceased at the end of those 5 years. Naturally, it must be proved that the person in question is in fact deceased.
At the termination of probate in Missouri, your personal representative must provide the probate court with a “proof of service”. The “proof of service” document will list names and expenses associated with the services accounted for, and list the providers of these services during probate, such as appraisers and attorneys; employed by the personal representative during the probate process. You will need a probate lawyer, most likely, to accomplish all of these tasks properly. Hiring a probate lawyer who is familiar with Missouri probate law will be invaluable to you. Your probate attorney should, in fact, be there through the entire probate process to insure the inheritance process is being handled properly. We do not advise going through Missouri probate alone!
Missouri Probate Resources
Missouri has no separate probate court. The Circuit Court has jurisdiction over probate issues. The Circuit Court has 4 probate commissioners and 3 deputy probate commissioners.