St. Charles County: (636) 535-2733 | St. Louis County: (314) 763-2739 | Statewide: (636) 422-5107
St. Louis County
Serving families in St. Louis County with probate guidance.
If you’ve recently lost a loved one, the legal responsibilities may feel overwhelming.
Many individuals mistakenly believe that probate automatically begins after someone passes away. In reality, that’s not the case. Under state law, the probate court in the county where the deceased last resided has exclusive jurisdiction over the matter. To initiate the process, a formal petition must be submitted by a family member or other interested party.
As outlined in Missouri Revised Statute § 473.017, this initial filing must include:
Basic identifying details about the deceased
The names and current addresses of all surviving relatives and heirs
An estimate of the value of the estate’s assets
A copy of the decedent’s will, if one exists
Details about the person nominated to serve as the executor of the estate
Probate establishes a formal legal process for settling and distributing a decedent’s estate.
By following this process, families can ensure their loved one’s assets are managed according to their wishes and Missouri law, reducing the chance of disputes, confusion, or improper handling.
During probate, a court-appointed executor is granted legal authority to manage the financial matters of the deceased’s estate.
Their responsibilities include handling estate assets, paying off any debts and taxes, and ensuring property is distributed according to the terms of the will or, when no will exists, in line with Missouri’s intestacy laws.
Although probate mainly focuses on asset distribution, it can also involve medical directives when assessing the decedent’s final wishes.
In cases of dispute or uncertainty about healthcare decisions made prior to death, the probate court may examine supporting documents to verify that those choices reflected the individual’s intentions.
A valid will is the cornerstone of the probate process. It may include not only instructions for asset distribution but also reference any medical directives or end-of-life wishes the decedent expressed.
During probate, the court ensures the will is authentic and that the decedent’s final instructions—including those related to healthcare—are honored as part of settling the estate.
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Our attorneys guide families through the probate process.
We provide comprehensive assistance with every stage of probate, from initiating the process and validating wills to addressing disputes and advising executors on their responsibilities.
Our mission is to ensure your loved one’s estate is managed properly, efficiently, and in line with their final wishes. Contact us today to get started.
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A legally executed will is key to an efficient probate process. It directs the distribution of the decedent’s assets according to their intentions and helps reduce the likelihood of conflicts among heirs and beneficiaries.
A Last Will and Testament appoints an executor and specifies how your assets are to be distributed after your passing.
In probate, the court relies on this document to confirm your intentions, formally approve the executor, and oversee the transfer of property in line with your stated wishes.
A well-crafted trust enables assets to be transferred directly to beneficiaries, bypassing the probate process entirely.
Revocable trusts provide adaptability during the grantor’s lifetime and facilitate a quicker, more private distribution of property after death.
Irrevocable trusts take assets out of an individual’s estate, making them exempt from the probate process after death.
Although these trusts are generally difficult to alter once established, they provide significant benefits, protecting assets from creditors, lowering potential estate taxes, and streamlining estate administration.
Assets transferred into an irrevocable trust, such as a Medicaid Asset Protection Trust—are generally not included in the probate estate.
This approach safeguards wealth, enables a more seamless transfer of assets without court involvement, and helps shield the estate from creditor claims during probate.
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St. Charles County
1551 Wall Street, Suite 240
St. Charles, MO 63303
(636) 535-2733
O’Fallon
856 Waterbury Falls Dr. Suite 200
O’Fallon, MO 63368
(636) 422-5107
*By Appointment Only
St. Louis County
721 Emerson Road, Suite 120
St. Louis County, MO 63141
(314) 763-2739
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