Understanding Missouri Probate Administration: A Comprehensive Guide

Probate administration in the State of Missouri is a legal process that occurs after someone passes away, involving the validation and execution of their Last Will & Testament, or, in cases where no will exists, the distribution of their assets according to state law. Yes, you read that correctly, a will does not avoid probate, it guides the court and parties through the probate administration process. The process ensures that the deceased person’s debts are paid and that any remaining assets are distributed to the rightful heirs. Here is a detailed look at what Missouri probate administration entails, its importance, and the steps involved.

Why is Probate Necessary?

Probate is necessary to provide the personal representative legal authority to address the decedent’s probate assets through distribution or sale. Upon appointment by a court with competent jurisdiction, the personal representative enjoys the authority and duty to take control of and safeguard the assets of the decedent’s estate. He or she serves as a fiduciary and protector of the decedent’s estate. Probate then provides a process for the payment of outstanding debts, claims, taxes, and the expenses that will arise during administration, and for the final distribution of the remainder or residuary of the estate to the beneficiaries and to the decedent’s heirs.

What Property is not included in Probate?

Missouri has some of the most comprehensive and liberal non-probate laws in our country. Property that is not probate property, and therefore are excluded from probate administration, include property held by the decedent and another as husband and wife or joint tenants with right of survivorship and property registered with a beneficiary designation such as Transfer on Death (TOD) or Payable on Death (POD).

What is Probate?

Probate is the judicial process through which a deceased person’s estate is properly distributed to heirs and designated beneficiaries, and any debts owed to creditors are satisfied or contested. If the deceased left a will, the probate process will validate (authenticate) this document and ensure that the instructions within it are followed. If the decedent failed or refused to create a will, the court will oversee the distribution of the estate according to Missouri’s intestacy laws.

Importance of Probate Administration

Probate administration is crucial for several reasons, the least of which include the following:

1. Legal Validation: It ensures that the deceased person’s will is legally recognized, preventing any potential disputes over its authenticity.
2. Debt Settlement: The probate process ensures that all outstanding debts and taxes owed by the deceased are either contested or settled before the assets are distributed to heirs.
3. Orderly Distribution: It provides a structured process for distributing the deceased person’s assets according to their wishes (if a will exists) or according to Missouri law (if no will is present).
4. Protection of Heirs: Probate administration protects heirs and beneficiaries by ensuring that the estate is managed in a transparent and fair manner.

Steps in Probate Administration

Probate administration in Missouri involves several steps, which may vary slightly depending on the jurisdiction, but generally follow this sequence:

1. Filing the Pleadings: The probate process begins when the personal representative (f/k/a “executor” or “administrator”) (if named in the will) or an interested party as personal representative appointed by the court (if no will exists) files an application or petition with the probate court to open the estate.
2. Notification: To ensure that a probate administration process is transparent, the court often requires that notice be given to all potential heirs, beneficiaries, and creditors. This may involve publishing a notice in a local newspaper and sending direct notifications.
3. Appointment of Executor or Administrator: If the deceased had a will, the court typically appoints the personal representative named in it. If there is no will, or if the named personal representative is unable or unwilling to serve, the court will appoint another administrator, perhaps a local attorney with probate experience.
4. Inventory and Appraisement of the Decedent’s Assets: The personal representative is responsible for identifying and taking inventory of all the deceased person’s assets, including real estate, bank accounts, investments, and tangible personal property, and then reporting the same to the court in a timely manner.
5. Debt Payment: The estate’s debts, including any final bills, taxes, and creditor claims, must be paid from the estate’s assets before any distribution to heirs or beneficiaries can occur.
6. Distribution of Assets: Once all debts and taxes are settled, the remaining assets are distributed according to the will, or if no will exists, according to Missouri’s intestacy laws.
7. Closing the Estate: After all assets have been distributed and the necessary reports filed, the executor or administrator petitions the court to close the estate. The court will then formally close the estate, marking the end of the probate administration process.

Common Challenges in Probate Administration

Probate administration can be a complex and time-consuming process, often lasting several months or even years. Some common challenges include:

• Disputes Among Heirs or Creditors: Conflicts may arise if creditors file claims seeking payment from the estate, or when heirs contest the validity of the will or the distribution of assets.
• Complex Estates: Estates with multiple properties, businesses, or significant debt can complicate the probate process.
• Lack of a Will: When there is no will, determining the rightful heirs and distributing assets according to Missouri law can be more challenging.
• Tax Obligations: Large estates may be subject to estate taxes, requiring careful planning and management during probate.

Should You Have a Will?

A carefully considered, well-drafted, and self-authenticating Last Will & Testament can reduce expenses and simplify probate administration. Would you travel abroad or take a long journey without a map or GPS guidance system at your disposal? If you die without having executed a will, you are asking your loved ones and friends to endure a very difficult process without similar valuable guidance. A valid will controls the distribution of a decedent’s property according to their wishes. It enables the decedent to appoint a trusted personal representative they know who can then settle the estate efficiently. Without a valid will, the probate estate requires greater court supervision and will be distributed according to an explicit formula pursuant to Missouri’s laws of descent and distribution.

Conclusion

Missouri probate administration is a necessary process to ensure that a deceased person’s assets are properly managed, debts are paid, and the remaining estate is distributed to the rightful beneficiaries. While it can be complex and time-consuming, understanding the steps involved can help make the process smoother and less stressful for those involved. Executors and administrators often seek legal guidance to navigate probate, ensuring compliance with legal requirements and protecting the interests of the estate and its beneficiaries. Hiring an attorney to execute a valid will before you have a medical emergency is always prudent. If you are the surviving family or friend of a decedent faced with probate, obtaining guidance from an experienced attorney with years of probate knowledge is always a good start.

Todd Miller is a monthly contributor and regularly writes and speaks on various legal topics including bankruptcy, estate planning, probate, and elder law. He formed the Law Office of Todd Miller, LLC, 1305 Southwest Blvd., Ste. A, Jefferson City, Missouri in 2006. He was awarded the Substantial Contributor Attorney Award by the Missouri Bar and ranked as one of the “Top Attorneys in Missouri” by The Legal Network. Mr. Miller earned his juris doctorate degree from the University of Missouri School of Law in 1999 and graduated with honors from Lincoln University in 1991. He welcomes new clients and you may find him at www.toddmillerlaw.com (573) 634-2838 or on Facebook, Instagram, and Twitter.