Probate in Missouri | MO Legal Resources | FastCounsel

How Does Intestate Succession Work in Missouri When No Will Exists and There Is No Spouse but Three Children?

Detailed Answer Intestate succession refers to the legal process of distributing a decedent’s property when no valid will exists. Under Missouri law, these rules appear in Chapter 474 of the Revised Statutes. 1. Order of Heirs Missouri’s intestate statutes establish a hierarchy for heirs. First, the court looks for a surviving spouse (RSMo § 474.020). […]

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How Can Missouri’s Slayer Statute Rule Affect an Heir’s Right to Inherit from a Decedent’s Estate?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance. Detailed Answer Under Missouri law, the slayer statute appears at RSMo § 474.040. It provides that anyone who feloniously and intentionally kills a decedent is treated as if they predeceased that person. As a result, […]

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How Does Title Transfer for an Inherited Home When There Is No Will and Multiple Heirs in Missouri?

Disclaimer: This article is for educational purposes and is not legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer In Missouri, when a homeowner dies without a will, the estate passes through probate under the state’s intestate succession laws. Real property such as a home must go through administration in […]

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Can I appeal a probate court decision removing a personal representative in Missouri?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer In Missouri, a personal representative (also called an executor or administrator) oversees the estate of a decedent. If the probate court removes a personal representative, you may have the […]

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How to Determine Intestate Heirs of a Father’s Estate in Missouri

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Missouri probate attorney for guidance specific to your situation. 1. Detailed Answer Overview of Intestate Succession in Missouri When someone dies without a valid will (“intestate”), Missouri’s RSMo § 474.010 et seq. govern who inherits. The estate passes […]

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Does the personal representative have to provide me a copy of the accounting in a Missouri probate matter?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Understanding Missouri Probate Accounting Requirements In Missouri’s full probate administration, a personal representative must file accountings with the court to detail estate assets, receipts, disbursements and fees. The court may require interim accountings during administration and a final accounting before distributing […]

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What Options Exist for a Personal Representative with Limited Funds for Handling Creditor Claims in Missouri?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer Under Missouri law, a personal representative must satisfy or properly reject valid creditor claims before distributing assets. When estate funds run low, consider these cost-effective options. 1. Summary Probate (Informal […]

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How to Manage Estate Administration When Assets Are Located in Multiple Counties or Jurisdictions in Missouri

Managing Estate Administration Across Multiple Jurisdictions in Missouri Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in your jurisdiction for guidance tailored to your situation. Detailed Answer When a decedent holds assets in multiple Missouri counties or in other states, you must coordinate probate and, […]

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What Documents Are Needed to Complete a Small Estate Affidavit in Missouri?

Detailed Answer In Missouri, you may use a Small Estate Affidavit when the decedent’s personal property does not exceed $40,000 (exclusive of exempt property) under RSMo § 473.033. This process lets heirs collect assets without formal probate. To complete the affidavit correctly, gather the following documents: 1. Certified Copy of the Death Certificate Obtain an […]

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How to Distribute Estate Assets to Heirs Using a Small Estate Affidavit Process in Missouri

Detailed Answer In Missouri, a small estate affidavit lets heirs collect personal property without formal probate if the decedent’s estate value does not exceed $40,000 (exclusive of liens and encumbrances). See Mo. Rev. Stat. § 473.223. This streamlined process saves time and court fees. 1. Confirm Eligibility Total estate value (personal property and cash) must […]

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