What steps are required to open an estate proceeding in Missouri when no probate case exists?
Disclaimer: This article provides general information on Missouri probate law. It does not constitute legal advice. Consult a qualified attorney to address your unique situation. Detailed Answer Step 1: Determine Whether Formal Probate Is Required Missouri law requires formal probate when a decedent’s assets exceed the small-estate threshold or include real estate. If the estate’s […]
Read article →What Documentation Is Required to Apply for Letters of Administration in Missouri (MO)?
Detailed Answer When someone dies without a valid will in Missouri, the probate court appoints a personal representative—called an administrator—to manage and distribute the estate. To request letters of administration, you must submit specific documents to the probate division of the circuit court in the county where the decedent resided—per RSMo §473.020. 1. Petition for […]
Read article →How can someone determine if a probate estate has been opened for a decedent in Missouri?
Detailed Answer In Missouri, probate estates are public records filed in the county where a decedent lived or owned real property at death. To determine if an estate has been opened, follow these steps: 1. Identify the Proper County for Probate Missouri law requires probate filings in the county where the decedent was domiciled at […]
Read article →How to Locate and Identify Assets Held in Different Counties or States? (MO)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance specific to your situation. Detailed Answer Under Missouri law, locating and identifying assets spread across multiple counties or states involves systematic research of public records, official filings, and specialized databases. Below are key steps […]
Read article →What information is needed to request estate files from a county probate division in Missouri?
Disclaimer: This article provides general information and is not legal advice. Understanding How to Request Estate Files in Missouri Detailed Answer Probate court records in Missouri are generally public under Missouri Revised Statutes section 473.440. To request estate files from a county probate division, gather the following information before submitting your request: Decedent’s Full Legal […]
Read article →What Steps Are Needed to Include Real Property into an Estate in Missouri?
Detailed Answer This section explains how to ensure real estate becomes part of your Missouri estate for distribution or avoidance of probate. 1. Identify How the Property Is Titled Review the current deed. If it’s solely in your name, it will pass through probate unless you take additional steps. Joint tenancy, tenancy by the entirety, […]
Read article →How Does One Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Missouri?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer 1. Understanding Subpoenas in Missouri Probate Proceedings In Missouri, a court-ordered subpoena is a legal document that commands a person or entity to produce documents or testify under oath. In probate matters, you can use a subpoena duces tecum […]
Read article →What Authorization Forms Must an Heir Sign to Direct Distribution of Real Property Sale Proceeds in Missouri?
Detailed Answer When an heir in Missouri receives net proceeds from a real property sale, they must sign specific authorization forms at closing and when the personal representative distributes funds. These documents ensure the court and title company can disburse sale proceeds correctly and comply with state law. 1. Probate Court Documents If the sale […]
Read article →How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce?
How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce? Detailed Answer When a Missouri property sells at foreclosure for more than the owed debt, the court holds the excess—called surplus funds—for distribution. A former spouse or a survivor (heir or beneficiary) may have the right to […]
Read article →How to Distinguish Assets Belonging to a Deceased Person’s Estate from Corporate Assets in Missouri
How to Distinguish Assets Belonging to a Deceased Person’s Estate from Corporate Assets in Missouri Detailed Answer When a person dies, you must separate the decedent’s personal assets from any business assets held by a corporation organized by a relative. Missouri law treats a corporation as an independent legal entity under Chapter 351 of the […]
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