Detailed Answer
Handling probate in Missouri involves several key filings and a publication requirement to notify creditors. Below is a step-by-step guide under Missouri law.
1. File the Probate Petition
Begin by filing a petition for probate with the circuit court in the county where the decedent lived. You’ll use Form PA 1000 or local equivalents. The petition names the personal representative and asks the court to admit the will (if one exists) and appoint an executor or administrator. Missouri Revised Statutes § 473.010 governs this step.
(RSMo § 473.010)
2. Obtain Letters of Administration or Testamentary
Once the court approves the petition, it issues letters testamentary (if there’s a will) or letters of administration (if there’s no will). These letters give the personal representative authority to manage estate assets. See RSMo § 473.020 for details.
3. Serve Notice to Heirs and Beneficiaries
Within 30 days of appointment, the personal representative must mail written notice of probate to all heirs and beneficiaries whose identities and addresses are reasonably ascertainable. This provides them an opportunity to contest the will or the personal representative’s appointment. Requirements appear in RSMo § 473.040.
4. Publish Notice to Creditors
Missouri law mandates publication of a notice to unknown creditors. The notice must run once each week for three consecutive weeks in a newspaper in the county of probate. It must state the estate name, court case number, personal representative’s name, and deadline for claims (generally six months from first publication). See RSMo § 473.160 and RSMo § 473.180.
5. File Proof of Publication
After the final run date, obtain a certificate of publication from the newspaper. File that certificate with the probate clerk to show compliance. Missouri courts often require this before distributing assets.
6. Continue Probate Administration
With notices served and published, you can inventory assets, pay valid claims, file an inventory (RSMo § 473.127), and ultimately seek a final settlement.
Helpful Hints
- Start early: Newspaper deadlines vary. Confirm publication cutoff with your local paper.
- Use certified mail: Track mailed notices to heirs and beneficiaries for proof.
- Keep detailed records: Save all filings, receipts, and certificates in one folder.
- Verify newspaper eligibility: The paper must be qualified under Missouri law (see RSMo § 493.050).
- Consult court staff: The probate clerk can guide you on local forms and fees.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney in Missouri for guidance specific to your situation.