The probate process is a legal process that takes place after a person dies, and their assets need to be distributed to their beneficiaries or heirs. In Missouri, the probate process is regulated by the Missouri Revised Statutes.
1. Filing a Petition for Probate
The probate process begins with the filing of a petition for probate in the appropriate court. This is typically done by the person who has been named as the executor or personal representative in the deceased person will. If there is no will, a family member or other interested party can file the petition. Missouri Revised Statutes, Section 473.017 and 473.020 outline the requirements for filing a petition for probate.
2. Appointment of a Personal Representative
Once the petition for probate has been filed, the court will appoint a personal representative to oversee the administration of the estate. This person is responsible for identifying and collecting the deceased person assets, paying off any debts or expenses owed by the estate, and distributing the remaining assets to the beneficiaries or heirs. Missouri Revised Statutes, Section 473.110 outlines the requirements for the appointment of a personal representative.
3. Inventory and Appraisal of Assets
The personal representative must prepare an inventory and appraisal of all of the deceased persons assets. This includes any real estate, personal property, and financial accounts. The appraisal must be conducted by a qualified appraiser. Missouri Revised Statutes, Section 473.233 outlines the requirements for the inventory and appraisal of assets.
4. Payment of Debts and Expenses
Before any assets can be distributed to beneficiaries or heirs, the personal representative may need to pay off any debts or expenses owed by the estate. This includes funeral expenses, medical bills, and any other debts owed by the deceased person. Missouri Revised Statutes, Section 473.397 outlines the requirements for the payment of debts and expenses.
5. Distribution of Assets
Once all debts and expenses have been paid, the personal representative can distribute the remaining assets to the beneficiaries or heirs. This must be done in accordance with the deceased person will, or if there is no will, in accordance with Missouri law. Missouri Revised Statutes, Section 474.617 outlines the requirements for the distribution of assets.
The probate process can be complex and time-consuming, but it is an important part of ensuring that a deceased persons assets are distributed properly. If you are involved in the probate process in Missouri, it is important to work with an attorney to ensure that everything is done correctly. if you do not work with an attorney, you may not be able to move forward in any probate court.
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