When a loved one passes away, the process of settling their estate can be a complicated and emotional experience. In Missouri, probating a will is a legal process that is necessary to transfer assets and property to the rightful beneficiaries. If you've been named as the executor of a will in Missouri, it's essential to understand the steps involved in probating the will. In this guide, we'll provide a comprehensive step-by-step guide on how to probate a will in Missouri, including the important step of locating the will, filing a petition to probate the will, notifying heirs and beneficiaries, attending the probate hearing, and more.

Step 1: Find the Will

This first step seems like a no-brainer. But, it could be more complicated than meets the eye. If your loved one discussed the fact that they had a will prior to their death, then it is important to locate the will in order to initiate probate. The first place to look is the decedent's home, checking fire proof safes, lock boxes, drawers, and other places where the decedent may have stored important documents. You may also want to ask other family members and friends as to where the will may be located.

It may also be the case that the decedent had a safe deposit box with the bank. You will want to determine who, if any, has access to the safe deposit box. If the bank does not allow you or anyone else access to the safe deposit box, a court order may be necessary. To obtain a court order, a petition must be filed with the probate court in the county where the decedent lived prior to death. Evidence will be presented to the court that the will is likely located int he safe deposit box, and you will need to request that the court issue an order allowing you to have access to the box.

Once the will is located, then you can move on to the next step.

Step 2: Determine if Probate Is Necessary

Depending on how the testator (the person who created the will) title their assets prior to death, probate of the will may not be necessary at all. For instance, if testator is survived by a spouse and owned joint assets with the spouse, the spouse will receive those assets outright without the need for probate. The same is true of any nonprobate transfer. For instance, if the testator owned an asset and listed someone as beneficiary to that asset, the asset will pass to the named beneficiary without the need for probate.

Therefore, whoever is named executor under the will must determine which assets the testator owned at death, and how those assets are titled. These assets may include real estate, bank accounts, stocks, retirement accounts, and personal property such as cars, jewelry, and artwork. The executor will also want to determine what, if any, liabilities were outstanding as of the day of death. Liabilities may include outstanding debts, such as credit card debt, mortgages, and medical bills.

Once the assets and liabilities are determined, the next step will be to figure out how the assets are owned. If the assets were jointly owned with someone else, such as a spouse, the assets may pass directly to the surviving owner without going through probate. If the decedent owned assets solely in their name, and did not name any beneficiaries to those assets, probate will likely be necessary to transfer those assets.

The valuation of the assets and liabilities may also play a part in determining whether a full probate estate must be opened or whether the estate is considered a small estate (less than $40,000). If the estate is a small estate, then a small estate affidavit may be used to transfer the assets. If, however, the probate estate is over $400,000, a full probate proceeding is likely required. That starts with filing a petition to probate the will.

Step 3: Filing the Petition

When a person dies with a will, the application that must be filed with the court is called a petition for "Letters Testamentary." The petition will be filed in the county where the decedent lived prior to death. A few different documents will be necessary to file along with the petition:

• An original copy of the will
• A death certificate
• A list of heirs and beneficiaries under the terms of the will

The petition will include the name of the decedent, their date of death, the identification of the executor under the will, a statement that the will is believed to be valid, a list of heirs and beneficiaries, and a request that the court admit the will to probate and appoint the executor. Filing fees may be required for the petition, and these fees vary from county to county.

Step 4: Notice to Interested Parties

In Missouri, when a petition for letters testamentary is filed, certain notice requirements must be met to ensure that all interested parties have an opportunity to contest the petition or raise any objections. There are a few different people or organizations which must be notified once the petition is filed.

First, the executor must provide written notice to all heirs and legatees named in the will. The notice should include the name of the deceased person, the date of death, the name and address of the court where the petition was filed, and the date and time of the hearing to determine whether the will is valid under Missouri law.

Second, the executor or petitioner must publish a notice to creditors in a local newspaper. This notice should include the name of the deceased person, the date of death, the name and address of the court where the petition was filed, and a statement indicating that claims against the estate must be filed within a certain period of time. Typically the clerk of the probate court will file notice in the newspaper.

Lastly, if the decedent received Medicaid or other medical assistance from the state of Missouri, notice must be given to the Missouri Department of Social Services.

Step 5: Attend the Hearing

Of utmost importance in probating a will in Missouri is determining whether or not the will is valid. Some wills may have a self-attestation clause, meaning that a notary public was there to witness the execution of the will and that the will was executed properly in compliance with Missouri law. A hearing may not be necessary if a self-attestation clause is included in the will. However, interested parties may raise objections as to the validity of the will, so they will probably require a hearing.

If a hearing is required, the executor will attend the hearing. All interested parties must also attend, particularly if they intend to raise objections. At the hearing, evidence will be presented that the testator executed the will in accordance with Missouri law. If the will does not include a self-attestation clause, the witnesses to the will may be required to attend so that they can testify that they acted as witnesses to the will. At the hearing, the court will also look at evidence to determine whether the testator was of sound mind at the time of signing and whether there was any undue influence or fraud involved at the execution.

Objections can be raised by an interested party to the will. The court will consider the objections and may even hear testimony from witnesses regarding their objections. if a proper objection is made, and if it is determine that the will was not validly executed, then the decedent's estate will be distributed in accordance with the rules of descent and distribution in Missouri.

If, however, enough evidence is presented to prove that the will was validly executed, the court will rule that the will is valid and will then issue Letters Testamentary to the executor. These letters will give the executor the legal authority to manage and distribute the assets of the estate according to the instructions in the will.

Step 6: Inventory of Assets

After a court determination that the will is valid, the executor must submit an inventory of assets and liabilities within 30 days of appointment. If the executor fails to do this, or fails to extend the time required for filing, the court may remove the executor.

The inventory will include all of the assets and liabilities of the testator upon the date of death. The assets which will be included in the inventory will be the assets which pass under the person's will, not assets which pass by nonprobate transfer or joint ownership. The value of the assets will be based on what they were worth on the date of the testator's death. An appraisal may be required, especially if real property is to pass under the will.

Once compiled, the executor will file the inventory with the court, provide notice to the beneficiaries under the will, and then wait for creditors to make any claims against the estate.

Step 7: Pay Debts and Taxes

Once the assets of the estate have been inventoried, the executor must pay off any debts or taxes owed by the estate before distributing the remaining assets to the heirs. This includes funeral expenses, medical bills, and any taxes owed to the state or federal government.

The executor must also file any necessary tax returns on behalf of the estate. This may include a final income tax return for the deceased, as well as estate tax returns if the estate is large enough to require them.

If there are not enough assets in the estate to pay off all debts and taxes, the executor must follow the priority rules set forth by Missouri law. Generally, funeral and administrative expenses are given first priority, followed by certain types of debts and taxes, such as medical bills and property taxes. It's important to note that the failure to pay off all debts and taxes can result in legal action against the executor or heirs, so it's essential to ensure that all debts and taxes are paid before any assets are distributed.

It's also important to keep detailed records of all payments made by the estate, including receipts and other documentation. The administrator must file periodic reports with the court detailing all payments made by the estate and providing an accounting of all assets and debts.

Step 8: Distribute Assets to Beneficiaries

The executor cannot distribute assets until six months after being granted letters testamentary. This waiting period is designed to allow potential creditors to come forward and make a claim against the estate. After the six-month waiting period has passed and all debts and taxes have been paid, the executor will prepare a final accounting of the estate.

In the final accounting, the executor will account for all the assets and debts of the estate, including all income received, expenses paid, and assets distributed from the estate. The executor must obtain releases from each of the beneficiaries and interested parties. When the executor obtains these releases and files them with the court, the executor can then distribute the assets to the beneficiaries according to the instructions in the will. This may include transferring title to real property, distributing personal property, and distributing funds from bank accounts or other financial institutions.

The executor will then petition the court to close the estate. If all is well and good, the court will issue an order closing the estate and discharging the executor of their duties and responsibilities.

Conclusion

In conclusion, the probate process in Missouri can be complex, but by following the necessary legal steps, you can ensure that the wishes of the deceased person are carried out, and their assets are distributed to the rightful beneficiaries.