Missouri Probate Laws, Important Timelines and Early Distribution Resources

Basics of Probate in Missouri

Probate is the official process of transferring the assets and property that belonged to a person who has passed away to the individuals who are entitled to receive them. If you’re not well-versed in this process, it’s essential to recognize that you must adhere to the wishes of the deceased person. This includes carrying out any tasks they had specified and settling any debts they might have had. Even if you have limited knowledge of this subject, this article will offer you the essential guidelines for probate in Missouri.

What If Someone Don’t Want to Go for Probate?

In Missouri, you have the option to skip the probate process through advanced planning. One method involves creating a "living trust" and specifying who should inherit your belongings after your passing. The chosen individual is not necessarily the same as the one who had your belongings while you were alive. They receive these assets only after your passing. In certain situations, you can also avoid probate. If you have bank accounts, investments, life insurance policies, or retirement fund accounts, you can bypass probate by designating who should receive them after your death. When you provide the organization with a copy of your death certificate, these assets will automatically go to the person you’ve chosen. If you co-own assets with someone else, such as a house or other property, those assets will automatically become the property of the surviving co-owner.

How Much Time Does Probate Take in Missouri?

The duration of the probate process varies for each case and depends on factors such as the size of the estate and its location. The person responsible for overseeing probate, known as the executor, is required to inform the individuals who are designated to receive the assets about the required paperwork they may need to complete. If everything progresses smoothly without conflicts or significant issues, it typically takes around a year and a half, and in some cases, even longer, to complete all the necessary proceedings.

Is Probate Required in All States in Missouri?

Not all of a person’s belongings need to go through probate in Missouri. There are specific rules that make the process simpler or different depending on the assets involved. For example, if someone who has passed away owned assets in Missouri worth less than $40,000 (excluding their car), there’s a faster probate option available. This expedites the transfer of the assets to the new owner. However, if the person owned assets valued at more than $40,000, they must follow the regular probate procedure. This means that everything they owned must be officially documented and recorded before it can be given to the new owner.

Is It Necessary to Go for Probate in Missouri?

In Missouri, probate is typically necessary unless all of a person’s assets are well-documented. In most situations, estates are required to go through probate to ensure that the assets are distributed correctly to the rightful inheritors as intended.

How Many Probate Courts Are There in Missouri?

Missouri has 45 judicial circuits, and typically, each judicial circuit has a probate division. Therefore, there are 45 probate courts in Missouri, one within each judicial circuit. However, please note that the number of probate courts can change over time due to administrative decisions or legal changes, so it’s advisable to check with the Missouri State Courts or specific circuit courts for the most up-to-date information.

What Is the Probate Code in Missouri?

Probate laws and regulations in Missouri are primarily governed by the Missouri Revised Statutes, specifically Title XXXI – Trusts and Estates of Decedents and Persons Under Disability. This title encompasses laws related to probate, wills, trusts, and estates.