Probate is the legal process of administering a deceased person's estate, including validating their will, paying debts and taxes, and distributing remaining assets to beneficiaries. In Missouri, probate ensures that the deceased person's wishes are carried out according to their will, or according to state law if no will exists.

Missouri probate typically takes at least six months, though it often extends longer. The timeline depends on factors such as estate complexity, creditor claims, family disputes, and property sales. Creditors have six months to file claims, which establishes the minimum timeframe.

Yes, if assets are titled solely in the deceased person's name, probate is generally required in Missouri. However, certain assets can avoid probate, including jointly-owned property with survivorship rights, accounts with named beneficiaries, and assets held in living trusts.

Yes. Missouri law requires personal representatives to "secure the counsel and services of an attorney" for probate estate administration (RSMo. 473.787). This requirement exists because probate involves complex legal procedures, fiduciary duties, and potential personal liability for mistakes.

When someone dies "intestate" (without a will), Missouri's intestate succession laws determine asset distribution. Generally: spouse and children from that marriage inherit together; spouse and children from previous relationships split the estate; if no spouse, children inherit equally; if no children, parents and siblings may inherit.

A will must be filed with the Missouri probate court within one year after death. If the will is not filed within this one-year period, it becomes invalid. Additionally, a full probate administration must generally be opened within one year from the decedent's date of death.

If probate isn't filed when required, assets remain frozen and cannot be transferred to beneficiaries. Banks, title companies, and other institutions won't release assets without proper probate authority. This can create significant hardship for families trying to access needed funds or sell property.

Property can be marketed and listed for sale before probate is granted, and offers can be accepted. However, the actual sale and transfer of title cannot be completed until the personal representative receives Letters Testamentary or Letters of Administration from the court.

Missouri has no state estate tax. However, federal estate tax applies to estates exceeding $12.92 million (2023). Most Missouri families won't face estate taxes, but final income tax returns must be filed, and the estate may owe income taxes on earnings during administration.

Funeral expenses are typically paid from the estate and have priority over most other debts. If estate funds aren't immediately available, family members may pay initially and seek reimbursement from the estate. Banks sometimes release funds specifically for funeral expenses before probate is complete.

If the estate is insolvent (debts exceed assets), Missouri law establishes priority for payment. Generally, beneficiaries are not personally responsible for the deceased's debts unless they co-signed or guaranteed them. The estate simply pays what it can according to legal priority.

Siblings who inherit property together become co-owners with equal shares unless the will specifies otherwise. They can agree to sell and split proceeds, have one sibling buy out the others, or continue joint ownership. If they can't agree, court intervention may be necessary.

Access to individual bank accounts requires probate authority. However, joint accounts with survivorship rights transfer automatically to the surviving owner. Some banks may release small amounts for funeral expenses, but formal access requires Letters Testamentary or Letters of Administration.