Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
When someone dies in Missouri, the personal representative (executor or administrator) follows specific steps to notify creditors and handle claims. Timely notice ensures the estate distributes assets properly under Missouri law.
- Obtain Letters of Administration or Testamentary: File the decedent’s will (if any) and a petition with the probate division of the circuit court where the decedent lived. Upon approval, the court issues letters that authorize you to act.
- Identify Known Creditors: Review the decedent’s records, including mail, credit card and loan statements, and utility bills. Mail written notice of probate to each known creditor promptly, typically within 30 days of appointment. Missouri law requires personal representatives to notify known creditors by mail. RSMo §473.033.
- Publish Notice to Unknown Creditors: Publish a notice once a week for three consecutive weeks in a newspaper in the decedent’s county of residence. This alerts unknown or unidentified creditors to present claims. RSMo §473.033.
- Claims Presentation Period: Creditors must present their claims within six months after the first publication of the notice. After this deadline, valid creditors cannot enforce claims against estate assets, except by written consent of the personal representative or court order. RSMo §473.300.
- Review and Resolve Claims: Examine each claim for validity. Approve legitimate claims and pay them from estate funds. Reject unsupported or contested claims in writing within 30 days of receipt. If a creditor contests a rejection, they may file suit in probate court within one year after the decedent’s death.
- Distribute Remaining Assets: After paying all allowed claims and estate expenses (funeral costs, taxes, court fees), distribute remaining assets to beneficiaries under the will or Missouri’s intestacy statutes. File a final accounting with the court and petition for discharge of the personal representative.
Helpful Hints
- Keep detailed records of all notices, publications, mail receipts and claim forms.
- Initiate the publication process promptly to avoid missing deadlines.
- Check with the probate court clerk for newspaper qualification and filing requirements.
- Consider hiring a probate attorney if the estate has complex assets or contested claims.
- Verify deadlines and procedures against the Missouri Revised Statutes or local court rules before filing.