Legal Articles

Petition to Determine Heirship: Property & Probate After 1 Year

A probate estate must be opened in the county of the decedent’s domicile within one (1) year after the decedent’s death. This usually means that an applicant must apply for Letters Testamentary or Letters of Administration within that time and administer the estate consistent with the Will’s directives and/or with the statutory intestacy scheme. What…

Probate Missouri Personal Representative (Executor, Administrator)

Under Missouri Law, the Personal Representative is the individual appointed to administer and wind-up a decedent’s estate. This is essentially the same thing as an “administrator” or “executor” in other states. A court’s issuance of either Letters Testamentary or Letters of Administration will allow a personal representative to take charge of an estate. Before making…

Missouri Small Estate Administration — Probate

There are in fact instances when probate is not a complete pain. Under Missouri law, if a decedent’s estate is worth (1) less than forty-thousand dollars ($40,000), (2) formal Letters Testamentary or Letters of Administration (or other Letters) are pending or are refused, (3) the personal representative submits an affidavit taking on personal responsibility for…

Estate Planning Attorney in Saint Louis, Missouri

There’s no time like the present. Although this adage rings true in many different circumstances, it rings especially true for estate planning and probate. Under Missouri law, if you pass away without a will, trust, a payable on death arrangement, or any other testamentary instrument, then your estate will be subject to probate and the…

Refusal of Letters — When Probate is Not Required

A Probate Court is not obligated to grant a petition for Letters Testamentary or Letters of Administration (see my post on Letters Testamentary and Letters of Administration for the distinction). Pursuant to 473.090 RSMo the Probate Court may refuse the grant of letters on a number of grounds. The insufficient estate value basis is one…

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