What's Probate?

---

Proper estate planning can avoid probate. Unfortunately, your loved one either didn't have a properly funded trust or didn't ensure their assets would transfer directly to someone after their death. They likely just didn't know it mattered.

It ensures an orderly transfer of property and payment of debts, protecting the rights of heirs, will beneficiaries, and creditors.

Each county has their own courts and ways of doing things. 

The State of Missouri requires that you hire an attorney to start the probate process. The rationale is that makes the process more efficient (deadlines met, mistakes avoided, family disagreements avoided - hopefully).

If an estate is under $40,000, a small estate certificate can be obtained 30 days after death without full probate. An affidavit is filed to use assets for debts and distributions. Estates greater than $15,000 need to be published for the public and creditors to see. 

The court decides attorney fees.  Also, the person appointed by the court to be in charge of the probate estate is entitled to the same amount. Fees are on a graduating scale based on the estate's value, averaging around 2-3%. 

You're right ....... it likely would have cost less to have had a trust designed. 

Probate is public, making extensive documentation part of public records. Anyone can access the estate's details, leading to potential unwanted attention, nosy neighbors, suspicious family members, and solicitations, sometimes from those with less-than-honorable intentions.