In Missouri, there is generally one (1) year from the date of an individual’s death to probate his or her last will and testament. “A will, to be effective as a will, must be presented for and admitted to probate.” § 473.050.1, RSMo. A will that is not timely presented for probate is “forever barred…
Legal Articles
Estate Litigation; Time Limit to Appoint Personal Representative/Executor
Missouri’s probate code has two principal goals: (1) provide a speedy method for administering a decedent’s estate and (2) establish a time after which claims are forever barred against an estate. North v. Hawkinson, 324 S.W.2d 733, 736 (Mo. 1959). In furtherance of these objectives, Missouri rigidly applies a general one (1) year limitation period for…
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…