When a person passes away, their assets normally must go through a probate proceeding before the property is distributed to their heirs or descendants. State laws require certain procedural protocols when opening an estate in probate in Lake St. Louis.

A knowledgeable probate attorney can advise about the required filings and special considerations for state probate proceedings.

How to Initiate a Probate Proceeding

Upon the decedent’s passing, the first step an interested party must consider before opening an estate in probate is the existence of a will. When the person leaves a will, known as testacy, the probate court must decide whether the will is legally enforceable and confirm who should serve as the estate’s personal representative or administrator.

When the decedent does not leave a will, which is called intestacy, their property is automatically distributed in accordance with state intestate laws, and the decedent has no control over who will inherit their assets.

To initiate a probate proceeding, an interested party or estate administrator must file an application for letters testamentary or administration with the probate court under Missouri Revised Statutes § 473.017. The application must contain information such as the estimated value of the decedent’s estate, the decedent’s marital status, and the identities of all potential heirs.

The application should also include relevant documentation, such as a copy of the will, death certificate, or an inventory of the estate’s property. When the decedent has a will, Mo. Rev. Stat. § 473.050 requires that it be filed with the probate court within one year of their death.

When the estate is valued at $40,000 or less, Mo. Rev. Stat. § 473.097 allows for the distribution of a decedent’s assets through a simplified probate process, in which the administrator of the estate or a named heir must provide the court with a small estate affidavit attesting to the value of the decedent’s assets.

Additionally, certain types of assets are not subject to probate, including a life insurance policy with a named beneficiary, financial accounts or property with a transfer-on-death stipulation, and property held in a living trust.

An attorney in Lake St. Louis who has experience opening an estate in probate could tell administrators or named heirs which assets must go through the probate process.

Estate Administrators Could Have to Pay a Bond

Every personal representative responsible for opening an estate must file for a bond approved by the probate court before undertaking their duties, under Mo. Rev. Stat. § 473.157.

The bond helps guarantee that the personal representative will manage the estate responsibly, not engage in fraud or similar behavior, and distribute the decedent’s property per state law.

Probate proceedings do not always require that the personal representative execute a will. Under Mo. Rev. Stat. § 473.160, the testator’s will can explicitly state that a bond is not required, and the court can also rule that a bond is not required when an interested person can show it is not necessary to protect the decedent’s assets.

When opening an estate in probate in Lake St. Louis, a lawyer could help determine whether the representative must pay a bond.

An Interested Party Can Challenge a Will

When the probate court determines the will is legally valid after opening an estate, the court can grant a certificate of probate in accordance with Mo. Rev. Stat. § 473.047, but an interested party also has the option to contest the will under Mo. Rev. Stat. § 473.033. An interested person seeking to contest the will must file their challenge within six months of receiving notice or the court accepting the will.

An interested party might challenge a will when they suspect the document resulted from fraud, duress, or improper influence. However, when the probate court determines part of the will is invalid, it can still validate the remaining portion under Mo. Rev. Stat. § 473.081.

Consult With a Lake St. Louis Lawyer for Help With Opening an Estate in Probate

Opening an estate in probate in Lake St. Louis is a daunting and potentially time-consuming process that can cause stress for surviving family members.

You should seek assistance from a knowledgeable attorney soon if you expect to go through the probate process. A lawyer can help prepare the necessary documents to initiate the proceeding and advise you on the next steps. Contact our office to schedule your consultation.