Many probate administrations in Missouri involve families who generally get along, and are in agreement as to the settling of their loved one’s estate. When this is the case the administration of the estate in many aspects can be expedited
Missouri Probate Blog
The Missouri Probate Blog, published by Richard J. Herndon, focuses on issues related to probate law within the state of Missouri. It covers topics such as estate administration, wills and trusts, guardianships, conservatorships, and the probate court process. The blog addresses legal procedures for managing and distributing a deceased person's assets, challenges to wills, and the rights of heirs and beneficiaries. It also discusses updates in Missouri probate statutes and case law, providing guidance for both legal professionals and individuals navigating probate matters in Missouri.
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Latest from Missouri Probate Blog
What is a Statement of Account in a Missouri Probate Matter?
A Statement of Account is the Final Accounting submitted in an Independently Administered Missouri Probate Estate. it contains Four sections. The first simply summarizes the initial Inventory filed in the case – in other words, what the decedent left to…
What Missouri Wills Do and Don’t Do
We constantly deal with questions that go something like this: My Dad died. My brother was named executor in the will, and he’s not doing what it says. What do I do? Our first question is – was the will…
Spouses Refusals in Missouri Probate Court
A Missouri Spouse’s Refusal is a procedure whereby a surviving spouse may claim certain assets in a decedent’s name without the need for a full Probate Proceeding. The surviving spouse may claim what is known as the One Year Support…
Missouri Creditors Refusals in Probate Court
A Missouri Creditor’s Refusal is a procedure that may be used where there is less than $15,000 in assets titled in the name of the decedent, and a creditor can prove that money is owed to them, but that no…
Missouri Probate – Don’t Sign if you don’t Understand
Monica came in to see me today. She had signed a document a month ago consenting to one of her brothers acting as the Personal Representative of her Mother’s estate. She wanted to talk to me because she was having…
The Public Administrator in Missouri Probate
In every county in Missouri there is an elected official known as the “Public Administrator”. In smaller counties this may be only the elected official carrying out all of the duties. In larger counties there is a full time staff.…
Do Heirs Need an Attorney in a Missouri Probate Matter?
We get inquiries from time to time asking if we represent heirs/beneficiaries in Missouri Probate matters, and if it’s a good idea. The answer, as with many things, is “it all depends”. If the family gets along reasonably well and…
Missouri Probate Law – the Statutes
Want to see the actual Missouri Probate Statutes? Insofar as decedents’ estates are concerned, it is contained in three Chapters of the Missouri Revised Statutes: Chapter 472 – General Provisions Chapter 473 – Administration of Decedent’s Estates Chapter 474 – Intestate Succession and…
Missouri Probate of Older Estates
From time to time we are contacted by someone dealing with some sort of money, real estate, bank account, or other property that should have been probated, but for whatever reason was overlooked. This could be because the asset was…