Probate in Missouri | MO Legal Resources | FastCounsel

Missouri — Mortgage Payments and Utilities While an Estate Is in Probate

Quick Answer When someone dies in Missouri and their estate goes into probate, the personal representative (executor/administrator) is responsible for protecting estate property and paying necessary bills, including mortgage payments and utilities, from estate assets when possible. If the estate lacks money, the property remains subject to mortgage foreclosure and utilities can be shut off […]

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Missouri — Deciding Which Assets to List on a Small Estate Affidavit

Detailed Answer Short answer: For a Missouri small estate affidavit (used to collect a decedent’s personal property without full probate), list property that was owned solely by the decedent at death and that is collectible by the estate. Do not list property that passes automatically to someone else by joint ownership, beneficiary designation, or statute. […]

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Finding a Missing Parent as Next-of-Kin in Missouri Probate

How to locate a missing parent during a Missouri probate case Disclaimer: I am not a lawyer. This article explains general information about Missouri probate procedures and practical steps you can take to locate a missing parent. This is not legal advice. Consult a licensed Missouri attorney for case-specific guidance. Detailed answer — practical and […]

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Missouri — Do I Need to Include Right-of-Survivorship Assets on a Probate Inventory?

Do I have to list assets that passed by right of survivorship on a Missouri probate inventory? Short answer: Generally no. In Missouri, assets that pass automatically to a surviving joint owner (by right of survivorship or pay-on-death beneficiary designation) are non‑probate property and normally are not included in the probate inventory filed with the […]

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Missouri: How to Determine Whether a Bank Account Falls Under the Small‑Estate Limit

Quick answer If you are trying to use Missouri’s small‑estate process, the first step is to confirm the statutory monetary threshold and then add up what counts as the decedent’s personal property (bank account balances that are part of the estate). Under Missouri law, the small‑estate affidavit applies only when the total value of the […]

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How to Use a Missouri Small Estate Affidavit to Claim a Deceased Parent’s Bank Account

Detailed Answer What a small estate affidavit does: In Missouri, a small estate affidavit is a sworn statement you use to collect certain personal property of a deceased person (for example, bank accounts) without opening a full probate administration. The affidavit streamlines transfer of property when the estate meets the statutory requirements. See RSMo § […]

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Missouri — Do I Need to File a Federal Estate Income or Estate Tax Return if No Distributions Were Made?

Detailed Answer This is not legal advice. This article explains when an estate must file a federal income tax return (Form 1041) and when a federal estate tax return (Form 706) may be required under federal law. It uses general, hypothetical facts and basic explanations to help you decide whether to talk to a tax […]

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How to Transfer Brokerage Assets into an Estate Checking Account in Missouri

Transferring Brokerage Assets into an Estate Checking Account — Missouri Detailed answer When an account owner dies, moving brokerage assets into an estate checking account typically requires (1) determining how the account is owned or titled, (2) completing the broker’s required transfer paperwork, and (3) supplying the court-issued authority and tax ID the broker and […]

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Missouri — Selling a Co-Owned Property to Cover Funeral and Property Taxes

FAQ: Selling a co-owned property in Missouri to cover funeral and property taxes Short answer: In Missouri, you generally must determine how the property is owned, check whether one owner died (and if so whether the estate is being administered), and then either sell by agreement with the other owner(s), use a probate or small‑estate […]

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Where Do the Sale Proceeds Go When a Parent’s House Is Sold — Missouri

Disclaimer This information is educational only and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Missouri attorney or the probate court in the county where the property is located. Detailed Answer If your parent’s house is sold, the destination of the sale proceeds depends on who […]

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