The probate process is the court-supervised procedure for distributing a deceased person’s assets and settling their debts after death. When the decedent had a will, a probate court must validate the document’s legality and approve an estate administrator.

The probate court will distribute assets in accordance with the state’s intestacy rules for decedents who did not have a will. When you have questions about how the probate process in Lake St. Louis impacts estate planning, an experienced probate attorney can help prepare you for what to expect.

Did the Decedent Have a Legally Enforceable Will?

The distribution of a deceased person’s assets during the probate process, known as testacy, will depend on whether they left behind a legally binding will, which any competent adult individual at least 18 years of age can create. The will must be in writing and signed by the testator, meaning the person who created the will, in the presence of two witnesses.

If the decedent had a legally valid will, the court will grant a certificate of probate, under Missouri Revised Statutes § 473.047, but the court could also grant a certificate of rejection when the will is not valid.

A legal will usually names an executor to oversee the administration of the decedent’s estate, and they will receive letters of testamentary or letters of administration to authorize their taking actions on behalf of the estate after the will is approved.

However, not all wills are subject to the standard probate procedure under state law. When the decedent’s estate is valued at $40,000 or less, the state provides for a simplified probate procedure under Mo. Rev. Stat. § 473.097, and the executor of the estate or prospective heir must file a small estate affidavit that includes information such as a valuation of the decedent’s assets.

Because the probate process in Lake St. Louis can be complicated, executors should seek counsel from an experienced attorney.

The Decedent Has No Control Over Intestacy Distributions

When the decedent had no will, the probate court must distribute their property in accordance with the state’s intestacy process, but how the court distributes the decedent’s property through intestacy depends on whether the decedent has surviving family and the nature of that relationship.

For example, a surviving spouse will receive the first $20,000 in value from the estate plus 50 percent of the remaining estate when the couple share surviving children, but when surviving children are not related to the surviving spouse, the surviving partner only receives 50 percent of the estate. The remaining portion is distributed equally to the surviving children.

When a decedent leaves no surviving spouse or children, the property is equally distributed among their surviving parents and siblings. The decedent’s property can even revert to the state through intestacy when no surviving family members come forward.

Anyone who wants to make the probate process in Lake St. Louis easier for their loved ones should consider working with a lawyer.

Considerations When Initiating the Probate Proceeding

Whether or not the decedent had a will, the probate process is initiated the same way under Mo. Rev. Stat. § 473.017. First, the estate administrator or an interested party must file an application for letters testamentary or letters of administration to initiate the probate proceeding.

The application must include information like the estimated value of the estate’s property and its description, the existence of a will, a copy of the will and its contents, and a list of interested persons.

State law also mandates that public notice be provided to potentially interested parties in the probate proceeding under Mo. Rev. Stat. § 473.033. When an interested person seeks to contest a will, they must file the challenge within six months of either the probate court accepting a will or receiving notice, pursuant to Mo. Rev. Stat. § 473.083.

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

You should seek assistance immediately when you anticipate going through the probate process in Lake St. Louis. Probate court can become lengthy and stressful for family members and loved ones.

An experienced attorney can walk you through the necessary filings and relevant documents for your probate proceeding. Contact our firm to make an appointment.