Application to Probate Will
Process to admit a Will to probate without opening a formal estate
In order to be granted, the Will must:
- Contain the Decedent’s signature
- Contain the signatures of at least 2 witnesses
- Be filed and hand-delivered to the Probate Court within one year of the decedent’s death (subject to a few exceptions per RSMo 473.050)
Refusal of Letters
For estates with a surviving spouse or minor children when assets don’t exceed certain amounts
May be allowed 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 and/or unmarried children
Small Estate Affidavit
Shortened probate process for estates valued less than $40,000
May be allowed if the following Conditions are met:
- The entire estate (minus liens and debts) must be less than $40,000
- Affiant must swear under oath to pay any outstanding debts and taxes before distributing property to Heirs
- A bond for Personal Property is required
- The process typically takes about 30-90 days to complete
Determination of Heirship
For estates $40,000+ when no estate was opened within one year of Decedent’s death
May be allowed if the following Conditions are met:
- 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 is set for hearing and all interested parties must be given notice
- Evidence regarding the probate assets and heirship must be provided to the probate court at the hearing
Estate - Independent Administration
For estates $40,000+ when Will specifically states independent or when all heirs agree
May be allowed if the following Conditions are met:
- Must be filed within one year of Decedent’s death
- The Will states that Administration should be Independent or all Heirs sign consents
- Personal Representative can take action without Court approval
- A bond is required for both personal property and real estate (unless Will states no bond)
- The process typically takes about 8-12 months to complete
Estate - Supervised Administration
For estates $40,000+ when all heirs won't agree to independent administration
May be allowed if the following Conditions are met:
- Must be filed within one year of Decedent’s death
- Process if all Heirs won’t consent to Independent Administration
- Personal Representative must get court approval for almost all actions related to estate
- A bond is required for personal property only (unless Will states no bond)
- The process typically takes about 10-14 months to complete
Other Complimentary Services
We are pleased to offer all of our clients the following complimentary services, which are included in the price points above.
CPA Referral
If at any time you have concerns regarding the tax consequences resulting from the probate process, we will connect you with a local, experienced CPA to address those matters.
Property Appraiser Referral
In order to ensure you know the true value of the property included in the estate, we will refer you to a skilled, local real estate or personal property appraiser (when necessary).
Real Estate Agent Referral
Once you have ascertained the value of the real estate, we can help introduce you to a local, respected real estate agent that will list and sell the house for its highest value.
Contractor Referral
Should the property you are charged with selling need any repairs, we are able to refer you to a local, reputable contractor to complete the work in a timely and efficient manner.
Facilitate an Estate Sale
Sometimes, the probate process includes conducting an estate sale. Should the need arise, we can help facilitate the entire process for you.
Item Removal & Donation
Unfortunately, probating an estate sometimes means dealing with the deceased’s unsellable property or unsightly debris. We can assist with having these items removed and donated or thrown away.