If you recently lost a loved one, you might wondering if the estate has to go through Missouri probate. Probate can seem intimidating, with all of the deadlines and court filings it requires. On your own, the process can be complicated and contain legal risks if you make mistakes, but you don’t have to do it alone. An attorney can help you determine if you need to go through probate, and help you through it when you do. If you’re ready to plan your estate, you can avoid probate in most cases with a little pre-planning.
The estate planning attorneys at Mark Harford Law help you navigate probate when necessary, and avoid it when you can. Whatever you need, we’re here to talk about your case.
What Probate Does in Missouri
Probate is the court-supervised process of transferring a deceased person’s assets to their heirs or beneficiaries. It ensures:
- Validity of the will
- Payment of debts and taxes
- Proper distribution of property
- Protection of heirs, beneficiaries, and creditors
When Probate Is Required
In Missouri, probate is generally required when:
- The decedent owned assets solely in their name
- No beneficiary designations or joint owners exist
- Real estate is titled only in the decedent’s name
- The estate exceeds the small-estate threshold
- There are disputes among heirs or questions about the will
When Probate Is Not Required
Many estates avoid probate entirely because certain assets pass automatically outside the court process. These include:
- Jointly owned property with rights of survivorship
- Accounts with POD or TOD beneficiaries
- Life insurance with named beneficiaries
- Retirement accounts with beneficiaries
- Assets held in a revocable living trust
When assets transfer by contract or operation of law, the court does not need to be involved.
Missouri’s Small-Estate Options
Missouri offers several alternatives to full probate for qualifying estates. These procedures are faster, less expensive, and involve minimal court oversight.
1. Small Estate Affidavit (Estates $40,000 or Less)
If the total value of probate assets is $40,000 or less, heirs may use a Small Estate Affidavit under Missouri Revised Statutes § 473.097. This process allows heirs to collect and distribute assets without opening a full probate estate.
Requirements include:
- A complete list of assets and debts
- A copy of the death certificate
- Written notice to all heirs and beneficiaries
- A sworn affidavit filed with the probate court
Once approved, the court issues an order authorizing transfer of the assets.
2. Refusal of Letters (For Spouses or Minor Children)
Missouri provides an even simpler option for surviving spouses and minor children. Under the Refusal of Letters procedure, the court can transfer assets directly to the spouse or children without requiring an inventory or accounting.
This option is available when:
- The estate is small enough to cover the family allowance and exempt property
- The spouse or minor children file the required petition
This process is designed to provide immediate support to the surviving family.
3. Collection of Small Estate by Affidavit (No Real Estate)
If the estate contains no real property, heirs may use a simplified affidavit to collect personal property such as bank accounts, vehicles, or personal belongings. This option requires fewer steps and may not require a court hearing.
Why Some Estates Still Need Full Probate
Even when an estate is small, full probate may still be required if:
- There are disputes among heirs
- The will is contested
- Creditors need to be addressed formally
- Real estate is involved and cannot be transferred through a small-estate procedure
- The estate exceeds the $40,000 threshold
In these situations, the court’s oversight ensures that all legal requirements are met and that the estate is administered properly.
Planning Ahead to Avoid Probate
Many families choose to plan ahead to minimize or avoid probate. Common tools include:
- Revocable living trusts
- Transfer-on-death deeds for real estate
- Beneficiary designations on financial accounts
- Joint ownership arrangements
These strategies can significantly reduce the need for court involvement and streamline the transfer of assets.
Know Whether Your Case Needs to Go Through Missouri Probate
Whether your case has to go through Missouri probate will depend on your circumstance. The right attorney helps you make that assessment and handle the estate correctly.Let the dedicated estate planning attorneys at Mark Harford Law help you. Contact us today for a consultation.