Probate Administration Lawyer Missouri
Probate Administration
“Probate” is a court-supervised process of transferring legal title from a person who has died (the “decedent”) to the person’s distributees. Probate is necessary to protect the rights to the probate estate of a decedent’s heirs, devisees, and creditors. An orderly transfer of property is done after estate property and debts are administered.
The decedent’s property is held and managed by the personal representative during the administration of the estate. The personal representative makes the distribution of the estate when the probate court approves the transactions made to pay claims and expenses and the proposed distribution schedule.
The earliest that an estate may be closed and distribution made to the heirs or beneficiaries is approximately six months and 10 days after the date of first publication. However, it often takes a year or more to finish the administration.
The following are some of the steps in Probate Administration:
- Hire a probate administration lawyer to represent you.
- Apply for Letters Testamentary if there is a will admitted (or apply for Letters of Administration without a will).
- Publish notice to creditors. The date of first publication starts a six-month period for claimants to submit their claims to the court and the personal representative.
- Inventory and appraise assets.
- Administer the estate and sell the property if funds are needed to pay bills.
- Pay debts, claims, taxes, and expenses.
- Prepare a settlement showing income and disbursements.
- Obtain court approval for distribution and close estate.
Multiple Heirs
When there are multiple people that must be notified, it can take time to locate all of the beneficiaries in and outside of Missouri. If you are planning your estate, there are measures you can take to help your loved ones clearly understand your final wishes and to respect them. By having a clearly defined estate plan which includes your reasoning for your final decisions, your heirs may find peace. Here are some tips for reducing conflicts that could arise during the probate administration of your estate in Missouri:
- Equally, divide all assets amongst your children.
- Have an open conversation with your heirs about your plans.
- Create trusts for your minor children which can be handled as part of your probate administration.
- Do not arrange for them to share property or assets (they may have different ideas of what to do with them).
- Clearly specify your wishes for your funeral ceremony and whether you want to be cremated or buried and where your ashes or final resting place should be located.
When Conflict Comes Up During Probate Administration
In most cases, conflict can be an uncomfortable but typical part of being in a family. However, it can be especially difficult during times of grief and loss. Family is different than friendships in that once you sever ties with a friend you have the power to choose never to see them again. However, when a family member passes away, even families who are estranged from one another can be pushed back together during a time when people are feeling fragile. This can cause old conflicts to arise. Ultimately, conflict among families can create problems during probate administration in Missouri. It can cause people to retaliate against one another. As a result, such tensions amongst family members can cause probate administration to extend longer than needed. It’s common for them to struggle with communicating with one another. It can also be difficult for them to come to an agreement on various things. When there is more than one person who stands to inherit assets from an estate in Missouri, it can take longer to come to a resolution and conclude the probate administration.
The more disputes during probate administration, the longer and more expensive this process can be. When an estate is tied up in probate, it can be costly.
The process can be further complicated when there are many heirs. What can make a situation even worse is when siblings have been disinherited or family members come forward who was not named in the will. This can cause hard feelings to surface and as a result, the probate administration process can become far more difficult. A Missouri probate administration lawyer can help provide the estate executor with the knowledge and support they need to resolve the process as quickly as possible.
Getting an estate opened and through probate is a complex and complicated process. Let Legacy Law Center help.
Inside the Probate Process
A specialist in probate administration can be your best friend when it comes to understanding the contents of a will. When you get in touch with Legacy Law Center, you’re getting a valuable source of information and a legal team that will walk you through probate. Reach out to us today, and read on to learn more about probate.
What is Probate?
Probate is how the belongings of the deceased are split up and given to the people named in his or her will. When someone dies, their assets don’t just magically appear on the doorsteps of their friends and family. Every asset in a will needs to be documented, valued, and finally distributed amongst the beneficiaries. If it sounds like a lot of work, it’s because it is. Probate can be a long and frustrating process, but a lawyer in probate administration can make life easier.
What is an Executor?
Your executor is a trusted individual that you’ve named in your will to handle probate. He or she will be in charge of notifying your beneficiaries and making sure everyone gets what they’re owed, so it’s important to name a close family member, spouse, or friend that you know you can count on. If there’s no will – or no executor named in the will – the state will appoint one instead. This may not be ideal, especially if you have any jealous exes that might want to swoop in for the position.
How Long Does Probate Take?
Probate takes a long time for a reason. When an estate is going through probate, there are a number of steps that need to be satisfied before the beneficiaries of the estate see a single cent. Every situation is different and it is recommended that you seek the advice of an attorney in your area to help determine the answer to this question.
What are the Steps of Probate?
- The will needs to be approved by the state. This means a copy of the will will need to be sent to the state to ensure it’s legitimate. If a will isn’t approved, it’s not valid.
- Beneficiaries need to be notified. All beneficiaries need to be kept in the loop about where their new assets are, and when they should expect to receive them.
- The assets themselves need to be found and valued. This will involve the help of a third party (or several third parties) who can provide a valuation of the assets outlined in a will.
- Taxes and fees need to be paid. There are some considerable fees associated with probate, and the last taxes of the deceased will also need to be paid off.
- Assets need to be distributed. This inevitably involves paperwork and additional fees.
How Can a Probate Administration Lawyer Help Me?
Probate can be a long and challenging process, and you shouldn’t have to deal with it all by yourself. Fortunately, you can count on a lawyer to provide you with a roadmap to completing probate so you don’t have to stress any more than is necessary. A probate lawyer can help you deal with the heaps of paperwork, and can also ensure you’re following all the right steps to ensure you’re respecting the will, and the last wishes of the deceased.
Get in Touch with Legacy Law Center Today
Don’t struggle through probate alone. Get in touch with Legacy Law Center today, and see how our specialists in probate administration can do for you.
