How Does Intestate Succession Work in Missouri When No Will Exists and There Is No Spouse but Three Children?
Detailed Answer Intestate succession refers to the legal process of distributing a decedent’s property when no valid will exists. Under Missouri law, these rules appear in Chapter 474 of the Revised Statutes. 1. Order of Heirs Missouri’s intestate statutes establish a hierarchy for heirs. First, the court looks for a surviving spouse (RSMo § 474.020). […]
Read article →How Can Missouri’s Slayer Statute Rule Affect an Heir’s Right to Inherit from a Decedent’s Estate?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance. Detailed Answer Under Missouri law, the slayer statute appears at RSMo § 474.040. It provides that anyone who feloniously and intentionally kills a decedent is treated as if they predeceased that person. As a result, […]
Read article →How Does Title Transfer for an Inherited Home When There Is No Will and Multiple Heirs in Missouri?
Disclaimer: This article is for educational purposes and is not legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer In Missouri, when a homeowner dies without a will, the estate passes through probate under the state’s intestate succession laws. Real property such as a home must go through administration in […]
Read article →Can I appeal a probate court decision removing a personal representative in Missouri?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer In Missouri, a personal representative (also called an executor or administrator) oversees the estate of a decedent. If the probate court removes a personal representative, you may have the […]
Read article →How to Determine Intestate Heirs of a Father’s Estate in Missouri
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Missouri probate attorney for guidance specific to your situation. 1. Detailed Answer Overview of Intestate Succession in Missouri When someone dies without a valid will (“intestate”), Missouri’s RSMo § 474.010 et seq. govern who inherits. The estate passes […]
Read article →Does the personal representative have to provide me a copy of the accounting in a Missouri probate matter?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Understanding Missouri Probate Accounting Requirements In Missouri’s full probate administration, a personal representative must file accountings with the court to detail estate assets, receipts, disbursements and fees. The court may require interim accountings during administration and a final accounting before distributing […]
Read article →What Options Exist for a Personal Representative with Limited Funds for Handling Creditor Claims in Missouri?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer Under Missouri law, a personal representative must satisfy or properly reject valid creditor claims before distributing assets. When estate funds run low, consider these cost-effective options. 1. Summary Probate (Informal […]
Read article →How to Manage Estate Administration When Assets Are Located in Multiple Counties or Jurisdictions in Missouri
Managing Estate Administration Across Multiple Jurisdictions in Missouri Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in your jurisdiction for guidance tailored to your situation. Detailed Answer When a decedent holds assets in multiple Missouri counties or in other states, you must coordinate probate and, […]
Read article →What Documents Are Needed to Complete a Small Estate Affidavit in Missouri?
Detailed Answer In Missouri, you may use a Small Estate Affidavit when the decedent’s personal property does not exceed $40,000 (exclusive of exempt property) under RSMo § 473.033. This process lets heirs collect assets without formal probate. To complete the affidavit correctly, gather the following documents: 1. Certified Copy of the Death Certificate Obtain an […]
Read article →How to Distribute Estate Assets to Heirs Using a Small Estate Affidavit Process in Missouri
Detailed Answer In Missouri, a small estate affidavit lets heirs collect personal property without formal probate if the decedent’s estate value does not exceed $40,000 (exclusive of liens and encumbrances). See Mo. Rev. Stat. § 473.223. This streamlined process saves time and court fees. 1. Confirm Eligibility Total estate value (personal property and cash) must […]
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