Probate in Missouri | MO Legal Resources | FastCounsel

How a Prenuptial Agreement Can Affect Life Estates and Inheritance — Missouri

Can a prenuptial agreement change life estate provisions or your share of a Missouri estate, and what to do if the executor refuses to provide it? Short answer Under Missouri law, a valid prenuptial (premarital) agreement can limit or waive a spouse’s rights in the other spouse’s property and estate, including rights that would otherwise […]

Read article →

Missouri — How to Verify an Executor’s Calculation of Your Inheritance Share After a Sibling’s House Sale

Confirming an Executor’s Calculation of Your Inheritance Share After a Sibling’s Home Sale (Missouri) Detailed answer This section explains, step by step, how to verify that the personal representative (executor) correctly calculated your percentage share of the proceeds from the sale of your sibling’s house under Missouri law. 1. First: determine the governing rules for […]

Read article →

Selling a Deceased Parent’s House with a Mortgage in Missouri

What to know when a decedent’s house is in probate and has a mortgage — Missouri guidance Detailed answer When a person dies owning a house in Missouri and that house still has an outstanding mortgage, the house does not automatically pass free of the mortgage. The mortgage is a secured debt attached to the […]

Read article →

Missouri — Do You Need to Publish a 3‑Month Notice to Creditors Under the Small Estate Process Before Selling a Parent’s House?

Quick answer No. Under Missouri law the small‑estate affidavit process applies to collecting certain personal property, not to transferring or selling real estate. The small‑estate rules typically do not require publishing a three‑month notice to creditors. If you need to sell a house that was only in your mother’s name, you will usually need either […]

Read article →

How to Prove Vehicle Value in Missouri Probate

Proving the Value of a Deceased Parent’s Vehicle in Missouri Probate Disclaimer: This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, consult a Missouri probate attorney. Detailed answer — how vehicle value is proved in Missouri probate When a person dies, the personal representative (also […]

Read article →

Proving the Value of a Decedent’s Vehicles During Probate in Missouri

Detailed Answer — Proving Vehicle Value in Missouri Probate When someone dies in Missouri, the personal representative (executor or administrator) must list estate assets, including vehicles, and state their fair market value at the date of death. Missouri probate practice expects the inventory to show a reasonable, supportable valuation so creditors, beneficiaries, and the court […]

Read article →

Missouri: Steps to Be Appointed Limited Personal Representative Under the Small Estate Process

Detailed Answer Overview — what a "limited personal representative" and the small estate process mean in Missouri This answer explains, in plain language, the typical steps people follow in Missouri when they want a court appointment to wind up a small estate so they can publish a notice to creditors and (if possible) sell property. […]

Read article →

Missouri: What Happens to an LLC Member's Share When They Die

What happens if an LLC operating agreement doesn't address transfer of a member's share at death? Short answer If an LLC operating agreement in Missouri is silent about what happens when a member dies, state default rules generally allow the decedent's estate or heirs to receive the economic value of the membership interest (distributions and […]

Read article →

Missouri: How to Prove a Zero Balance and Formally Close a Spouse’s Estate

Proving a Zero Balance and Closing a Spouse’s Estate in Missouri Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Missouri probate concepts to help you prepare questions for an attorney or the probate court. Detailed answer: step-by-step plan to prove zero balance and close the estate When […]

Read article →

Can You Use a Small Estate Affidavit in Missouri Instead of Probate?

Detailed Answer — Using a Small Estate Affidavit in Missouri Short answer: Missouri does provide a streamlined affidavit procedure to collect many kinds of a decedent’s personal property without formal probate, but you must meet specific conditions. If those conditions are not met — for example, the estate exceeds the small‑estate threshold, there is real […]

Read article →