Probate Process: Determination of Heirship & More
The Determination of Heirship in Missouri is a quick probate process that identifies the rightful heirs of a deceased person’s estate when there is no valid will. This process is crucial for distributing the deceased's property according to Missouri's laws when someone dies without a will.
Here's a general overview of the Determination of Heirship process in Missouri:
Petition for Determination of Heirship:
The first step is for an interested party to file a petition with the probate court in the county where the deceased person resided.
Notice to Interested Parties:
The court will order that notice of the petition be given to all known or potential heirs or other interested parties.
Hearing and Evidence Gathering:
The court will schedule a hearing to determine the deceased's heirs.
Determination of Heirship:
After the hearing, the court will issue an order or judgment that declares who the deceased's heirs are and their respective shares of the estate.
Asset Distribution:
Once the heirs have been identified, the estate can proceed with the distribution of the deceased's assets pursuant to the court's order.
It's important to note that the Determination of Heirship process can be complex, especially in cases where there are disputes among potential heirs or if the deceased's family relationships are unclear. It is advisable to seek the guidance of an experienced probate attorney to ensure the process is handled properly.