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Wills Do Not Avoid Probate

One of the more common misconceptions people have regarding the probate process is that if you have a will probate is unnecessary; somehow, per this common belief, the surviving heirs will locate the will and be obligated to follow the directives articulated therein without court intervention. Nothing could be further than the truth.

Missouri Revised Statute 473.087 explicitly states: No will is effectual for the purpose of proving title to, or the right to the possession of, any real or personal property, disposed of by the will, until it has been admitted to probate.

Furthermore, upon admittance to probate, Missouri law provides a time to object to the validity of the will. Specifically, an objecting party or heir may submit that the will is invalid for a number of different reasons such as failure to follow execution formalities, that the testator lacked capacity, or that the will is ambiguous.

Contact us regarding wills and probate avoidance.

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