Missouri Probate Administration

While most estate plans seek to avoid probate, unfortunately situations and
occasions arise where a probate administration becomes necessary. In
Missouri the probate process can take several different turns, depending upon
the particular facts.

It is important to determine just what "probate assets" are. Generally speaking
they represent money or property that is titled in the name of the decedent
ONLY, and for which no planning or action has been taken to transfer the
property at death.

The total market value of the probate assets must be reasonably determined.
If the total value is less than $40,000 there may be one of several "short form"
probate proceedings that can be utilized. These are much simpler, faster, and
less expensive than the "regular" probate proceeding.If the total market value
exceeds $40,000, then a regular probate proceeding must be used.
Depending on a variety of factors, such as the nature of the assets, the
existence of a will (or lack thereof), and family dynamics the administration
may be "supervised" or "independent". Supervised administrations tend to be
more costly and lengthy as opposed to Independent administrations. On the
other hand, Supervised administrations offer greater protections to
beneficiaries should this be desired.

Probate expenses involve filing fees, bonding costs, court fees, and fees of
the personal representative ("executor").

At our office we stand ready to assist and represent you should a probate
proceeding be necessary. It is important to begin the process as soon as is
reasonably possible after death. Missouri law requires that "regular" probate
proceedings last at least six months. Rarely is delay a good thing. When you
contact us we will let you know more details as to the process, expense, and
results of the administration, as well as certain details that are important to deal
with to protect both yourself and the property subject to probate.

Probate Administration

Missouri Estate Planning

(816) 628-4900

Attorney at Law

Richard J. Herndon