Probate doesn’t have to be stressful and confusing. Whether you’re the executor of an estate or a beneficiary, the process can feel overwhelming. In Missouri, probate law has its own rules, deadlines, and paperwork. But with the right guidance and a clear game plan, you can handle the probate process without losing your mind. At Fritz Law LLC, our probate lawyers are dedicated to helping St. Louis, St. Charles and Jefferson County families navigate probate smoothly, protect their loved ones’ legacy, and minimize stress. Below are some of the options when navigating probate in Missouri.

Application to Probate Will

When a loved one passes away, it may be necessary to distribute the assets of the decedent to 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, the 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.

Spousal Refusal of Letters

If your spouse passes away and the probate estate assets are under a certain dollar amount, you may be able to file a shortened probate process called “Spousal Refusal of Letters”. According to RSMo 473.090, a surviving spouse may petition the court for a refusal of letters if the following conditions are met:

• The entire estate (minus liens) must be less than the amount that is allowed as exempt property and the allowance to the surviving spouse.

The above statute that allows for a spousal refusal of letters does not specify a maximum limit on the dollar amount of the probate assets. However, in some counties, such as St. Louis County, the probate judges are hesitant to grant a spousal refusal of letters if the probate assets are over a certain dollar amount (e.g. $24,000).

Small Estate Affidavit

Missouri recognizes a modified process to probate an estate where “the entire estate, less liens, debt and encumbrances does not exceed forty thousand dollars”. This process is often referred to as a “Small State Affidavit” because only an affidavit has to be filed with the court in order to probate the assets. The shortened approach to probate is very different from the longer, more complex process that is required with a larger estate. The purpose behind this is to keep the probate courts from being overwhelmed and to provide results in smaller estate with less expense and more expediency.

In addition to the value of small states being capped at forty thousand dollars, there are additional requirements that you must follow. For example, if the probate property value is more than fifteen thousand dollars, it is mandatory that a notice to creditors be published in a newspaper of general circulation. Also, with certain conditions, the small estate affidavit may be filed by the personal representative listed in the Will or by a person that is authorized to receive a distribution from the estate.

A Small Estate Affidavit may be allowed if the following conditions are met:

• The entire estate (minus liens and debts) must be less than 40,000.
• The affidavit can’t be filed within 30 days of Decedent’s death.
• A spouse’s or creditor’s Refusal of Letters can’t be filed or pending.
• The affiant must swear under oath to pay any outstanding debts and taxes before distributing property to the legatees or heirs.
• A bond for Personal Property is required (but can be waived in certain jurisdictions).
• The entire process typically takes approx. 60- 90 days to complete.

Determination of Heirship

If a probate state is over $40,000 and no full state (independent or supervised) is opened within one year of the date of decedent’s death, you will likely have to probate the assets through a process called “Determination of Heirship.”

A court may grant a petition of the Determination of Heirship if the following conditions are met:

• The petition cannot be filed until one year after decedent’s death.
• No prior estate administration was completed and no will was admitted to probate.
• The petition must be set for hearing and all interested parties giving notice.
• Evidence regarding the probate assets and heirship must be provided to the probate court at the hearing.

Estate – Independent Administration

If a probate estate in Missouri is over $40,000 and it is within one year of the decedent’s death, there are two ways the estate can be administered; independent administration or supervised administration. The easiest and preferred method is independent (or unsupervised) administration because of reduced court involvement and overall costs.

In Missouri, an independent administration allows the personal representative to take action without permission from the court. The personal representative has broad authority to make decisions (along with his/her attorney) and take action in regard to administering the estate. However, the actions of the personal representative are always subject to review by the court if an interested party (heir or creditor) files a complaint with the court alleging improper action. Otherwise, the court will not interfere with the administration of the decedent’s estate.

Independent administration may be right for your situation if all named heirs agree and consent or if the process is designated in the deceased’s Will. Proceeding under independent administration is typically the fastest and easiest way to get through the administration of an estate.

The court may allow an independent administration if the following conditions are met:

• The petition must be filed within one year of the decedent’s death.
• The Will states that administration should be independent or all heirs sign consents.
• A bond is required for both personal property and real estate (unless Will states no bond.)
• The entire process typically takes approx. 8-12 months to complete.

Estate – Supervised Administration

Independent administration is generally preferred when administering a probate estate (over $40,0000) within one year of the decedent’s death. However, if the heirs won’t consent to independent administration and the Will doesn’t specifically designate it, then the only alternative is to proceed under a supervised administration.

Supervised administration means just that; the probate process is supervised by the probate court. The court must approve the actions of the personal representative at each step, and he/she is required to provide annual statements for audit and review. This additional involvement by the court generally requires more time and effort by the attorney representing the personal representative, which can create additional attorney’s fees.

On a positive note, a supervised administration can offer a constructive forum where disputes can be raised and ultimately resolved between interested parties. In addition, having court approval at each step can also provide liability protection for the personal representative of the estate if he/she is concerned about potential claims of wrongdoing by the other heirs or creditors.

The court may allow a supervised administration if the following conditions are met:

• The petition must be filed within one year of decedent’s death.
• A bond is required for personal property only (unless Will states no bond).
• The entire process typically takes approx. 10 -14 months to complete.

Need Assistance with Probate Matters?

Our experienced probate lawyers at Fritz Law LLC are here to guide you through every step of the probate process. Contact us today!