Detailed Answer
Under Missouri law, the probate process safeguards estate assets by ensuring all expenses and creditor claims are satisfied before heirs receive their inheritance. Personal representatives (formerly called executors or administrators) manage the estate under guidance from the probate court. Below is an overview of each critical step.
1. Initiate Probate in Missouri Probate Court
The personal representative files a petition in the circuit court of the decedent’s county. The court opens the estate and assigns a case number. This petition notifies the court that someone seeks authority to administer the estate.
2. Appoint the Personal Representative
The court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). These letters grant the personal representative legal authority to collect assets, pay debts, and distribute the remaining property. See RSMo §473.250.
3. Notify Creditors of the Estate
The personal representative must notify creditors by:
- Publishing a notice once a week for three consecutive weeks in a local newspaper. (RSMo §473.360)
- Serving notice directly to known creditors within 30 days of appointment.
Creditors then have up to six months from the first publication date to file claims in the probate court.
4. Inventory and Value Assets
Within 60 days of appointment, the personal representative must file a detailed inventory and appraisal of all estate assets with the court. (RSMo §473.210) This inventory establishes the estate’s value and ensures creditors know what assets exist.
5. Pay Debts, Taxes, and Expenses
Before distributing assets, the personal representative uses estate funds to pay:
- Funeral and burial expenses.
- Administration costs and attorney fees.
- Taxes (estate, income, real estate).
- Valid creditor claims.
Missouri law prioritizes these payments according to RSMo §473.603. Personal representatives must review each claim and object to any that appear invalid.
6. Close the Estate and Distribute Remaining Assets
After all debts and expenses are paid, the personal representative files a final accounting and a petition for distribution. The court reviews the accounting, resolves any disputes, and issues an order approving distribution. The personal representative then distributes assets to heirs or beneficiaries according to the will or Missouri’s intestacy statutes.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Track all deadlines carefully—missing a creditor-claim deadline can expose you personally to liability.
- Maintain clear records of all transactions and communications with creditors.
- Consider posting a probate bond if the court requires additional security.
- Review each creditor claim promptly and object in writing to any that lack sufficient documentation.
- Consult with a probate attorney if estate assets are complex or if creditor claims are contested.