Probate in Missouri | MO Legal Resources | FastCounsel

How to validate and certify an affidavit of collection to collect personal property in Missouri

Disclaimer: This article provides general information about Missouri law and is not legal advice. Detailed Answer Under Missouri law, an heir or personal representative may collect the decedent’s personal property valued at $40,000 or less without formal probate by filing an affidavit in lieu of administration. This streamlined process, authorized by Mo. Rev. Stat. §473.033, […]

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How to manage and prioritize creditor claims during estate administration in Missouri?

Detailed Answer Disclaimer: This article is for educational purposes and does not constitute legal advice. Administering an estate in Missouri requires careful management of creditor claims to protect the estate and satisfy legal obligations. Missouri law outlines specific steps and priority rules for notifying creditors, filing claims, and distributing assets. 1. Give Notice to Creditors […]

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How to Initiate a Sale of Estate Property to Satisfy Creditor Claims in Missouri

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a decedent’s estate lacks sufficient liquid assets to pay valid creditor claims under Missouri law, a personal representative must initiate the sale of estate property. Under Mo. Rev. Stat. § 473.447, the personal representative or any interested person […]

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What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs? – MO

Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Missouri for guidance specific to your situation. 1. Authority of the Personal Representative In Missouri, the executor (called a “personal representative”) oversees estate administration. Under Mo. Rev. Stat. § 473.360, the personal representative may […]

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What procedures ensure estate expenses and creditor claims are addressed before distributing assets to heirs in Missouri?

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 […]

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What information and documentation are required to verify all individuals with an interest in real property in Missouri?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Missouri law, a clear ownership history depends on identifying every person or entity with a recorded interest in the property. Title professionals typically follow these steps: Chain of Title Search Review all recorded instruments at the county recorder’s […]

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How is the fair market value of personal property calculated in a probate case in Missouri?

Disclaimer: This article provides general information under Missouri law. It is not legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Under Missouri law, when you open a probate case, you must list and value the decedent’s personal property as of the date of death. Missouri Revised Statutes section 472.270 […]

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How Do I Determine Ownership When My Deceased Parent is the Only Name on the Deed in Missouri?

Detailed Answer When real estate in Missouri lists only a deceased parent’s name on the deed, title does not automatically transfer to heirs. You must follow Missouri’s property and probate laws to determine current ownership. Below are key steps. 1. Obtain and Review the Deed Request a certified copy of the recorded deed from the […]

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What Constitutes Due Diligence for Identifying and Notifying Unknown Heirs in Probate Administration in Missouri (MO)?

Disclaimer: This post provides general information only and is not legal advice. Detailed Answer Under Missouri law, personal representatives must conduct a thorough search to identify heirs and notify them of probate proceedings. Missouri Revised Statutes require a combination of record reviews, personal contacts, and public notices to satisfy due diligence. 1. Conducting a Thorough […]

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How Can an Administrator Locate and Verify Potential Heirs in Missouri When Only Limited Information Is Available?

Detailed Answer When an estate administrator in Missouri has only limited information about potential heirs, you can follow these steps under state law to locate and verify all interested parties: Gather All Decedent Records. Review address books, personal papers, tax records and email correspondence. Look for names, addresses and dates of birth. Search Public and […]

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