In Missouri Probate administrations (other than small estates) are administered in one of two modes — Independent or Supervised. The names are fairly descriptive. In a Supervised administration the Court must approve most actions taken by the Personal Representative. On the other hand, in an Independent administration the Personal Representative handles most of the matters…
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Monthly Archives: May 2011
Missouri Probate – How Long does it take?
We are often asked how long Probate takes in Missouri. The answer, unfortunately, is that it all depends on your particular circumstances. At a minimum the Estate must stay open at least 6 months from the date that the “Notice” is first published in the paper. Getting to this point can take several weeks to…
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Dying Without a Will in Missouri – The Laws of Descent and Distribution
When a Missouri resident dies without a will we must look to how their property and assets are titled. If they are titled jointly with another, such as a spouse, and it is a “survivorship interest”, then the property or asset becomes owned by the surviving owner or owners. If it is titled with a…
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Missouri Small Estate Affidavits –
If the total net amount of assets to be probated is less then $40,000, then using the Missouri Small Estate Affidavit procedures will likely save you time and money. A Small Estate Affidavit is an instrument filed with the Probate Court. and is one of several “short forms” of probate available. The focus is on…
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Probate Fees and Expenses in Missouri
In Missouri, Probate Fees consist of several components. The most common are attorneys’ fees, which are generally governed by Statute. Additionally there are court costs and publication fees that must be paid, and depending on the situation, Bond Premiums and fees charged by the Personal Representative, or Executor. Fees are generally a function of the size…
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Missouri Probate – What is a Personal Representative?
In Missouri the term “Personal Representative” is the official designation of the person or persons, or entities who have been appointed by the Probate Court to administer an Estate. The more common term is “Executor”, but that term is not technical used in Missouri. The meaning is the same, as is the function. It’s just…
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Copyright Richard J. Herndon, Attorney at Law © — 2011