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    • Home
    • Start Here!
    • What's Probate?
    • The Probate Process
    • Attorneys
    • Real Estate
    • Avoiding Probate
    • Library
    • About
  • Home
  • Start Here!
  • What's Probate?
  • The Probate Process
  • Attorneys
  • Real Estate
  • Avoiding Probate
  • Library
  • About

The Probate Process

Step #1 - Hire An Attorney

Step #2 - Ask The Court's Permission

Step #2 - Ask The Court's Permission

Missouri law dictates that most probate matters require you to be represented by an attorney. Estates valued at $15,000 or less are exempt. It's the attorney who get's the ball rolling with the probate court - see Step #2.

Step #2 - Ask The Court's Permission

Step #2 - Ask The Court's Permission

Step #2 - Ask The Court's Permission

A letter of testamentary is a court document granting the executor named in the will authority to manage the deceased's assets, settle debts and taxes, and distribute assets. The probate court issues this letter to the appointed executor, who also needs a death certificate to settle the estate.

Step #3 - Publish Notice to Creditors

Step #2 - Ask The Court's Permission

Step #3 - Publish Notice to Creditors

The executor is responsible for notifying creditors of the deceased’s death. Generally, creditors have between three and six months to make a claim (or they may lose the right to to so). It's common that your attorney takes care of publishing to creditors. 

Step #4 - Inventory & Appraise Assets

Step #4 - Inventory & Appraise Assets

Step #3 - Publish Notice to Creditors

Inventory and Appraisals catalogs and values the deceased's assets that are in probate (including the home). They define the estate and determine the (court dictated) fees charged. It informs asset distribution, ensuring items are divided per the will and beneficiaries' preferences.

Step #5 - Pay Debts & Expenses

Step #4 - Inventory & Appraise Assets

Step #6 - Accounting & Close Estate

Pay off the debts & expenses required by the State first. It's common that funeral expenses and admin costs get paid first, followed by medical bills and federal, state, and local taxes. Consult your attorney, prior to paying off debts and expenses and be sure to document document document. 

Step #6 - Accounting & Close Estate

Step #4 - Inventory & Appraise Assets

Step #6 - Accounting & Close Estate

Your attorney presents a detailed accounting of payments, expenses, income, and disbursements to the court - in hopes that court approval is given to distribute the remaining assets and the probate estate closed. Consider hiring an accountant who familiar with the probate process. 

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