After a loved one passes away, it may be necessary to distribute the assets of the decedent to the legatees or heirs. If the person died with a Last Will and Testament, the Will must be admitted to the proper probate court within one year of the decedent’s death, with a few exceptions (RSMo 473.050).
The probate court will likely require the following information in order to approve or deny your Application for Probate of Will:
- The name of the decedent, the date of death and the address where the decedent permanently lived at the time of death
- Whether the decedent was single, divorced, married, or widowed, and if widowed, the date of the spouse’s death
- If there is a surviving spouse, you must provide his/her name and address
- The date of the decedent’s Will and any codicils (amendments)
- Whether or not the Will contains the signatures of at least two witnesses
- Whether or not the Will is “self-proving,” i.e., whether all signatures are notarized in a self-proving affidavit
In addition to admitting the Will, you also have to determine what specific type of probate, if any, needs to be initiated within the probate court. Unfortunately, this process can be complicated and difficult to understand for most people, especially with the grief of losing a loved one. At Fritz Law LLC, we work hard to streamline the probate process in order to make things easier for you and your family.