Dealing with a loved one's passing is always difficult. On top of the emotional loss, you may have to manage their affairs, which can feel overwhelming, especially if they didn't leave a will. If your loved one passed away without a will, it's called "intestate," and in Missouri, there are specific procedures to follow to probate their estate. This blog post will guide you through the process, step by step, so you know what to expect and how to proceed.

Step 1: Determine if Probate is Necessary

Before diving into the probate process, it's essential to determine whether probate is necessary in the first place. In some cases, the assets may not need to go through probate, which can save time and resources for the family. Here are a few situations in which probate may not be necessary:

1. Joint Ownership: If the deceased person owned property, such as a house or a bank account, jointly with another person, the surviving co-owner typically becomes the sole owner without going through probate. This is called the "right of survivorship." For example, if a husband and wife own their home jointly, when one of them passes away, the surviving spouse will automatically become the sole owner of the property.
2. Payable-on-Death (POD) Accounts: Some financial accounts, such as bank accounts, retirement accounts, and life insurance policies, have a designated beneficiary who will receive the assets upon the account holder's death. These accounts are referred to as "payable-on-death" accounts. When the account holder dies, the beneficiary can claim the assets without going through probate.
3. Beneficiary Deeds: In Missouri, you can use a transfer-on-death deed to leave real estate to a beneficiary without going through probate. With a beneficiary deed, the property owner names a beneficiary who will inherit the property upon the owner's death. When the owner dies, the beneficiary can simply file an affidavit of death to claim the property, bypassing probate.

If none of the above apply, then it may be necessary to probate the estate.

Step 2: File a Petition for Letters of Administration

To initiate the probate process and request the appointment of an administrator, you'll need to file a petition for Letters of Administration with the probate division of the circuit court in the county where the deceased person lived. Forms for Letters of Administration can typically be found on the circuit court's probate division website. Once the appropriate form is found, whomever is petitioning the court to grant Letters of Administration will need to fill in the following information:

• The deceased's name and address
• The date of the deceased's death
• A statement that the deceased died without a will (i.e., intestate)
• The names and addresses of the deceased's heirs
• A list of the deceased's assets and their estimated value
• A request for the court to appoint an administrator for the estate

The petition must be signed by the person filing it, and it must be accompanied by a filing fee. The amount of the filing fee varies by county and is set by the probate court. If all of the interested parties consent to independent administration and agree to nominate the petitioner to serve as personal representative of the estate, then a hearing will not be held. If, however, there is contention as to who should serve as personal representative, a hearing will be held to determine who is best qualified to serve.

Step 3: Provide Notice to Interested Parties

Once the petition is filed, notice must be given to all interested parties, including heirs and creditors. Providing proper notice ensures that all parties with a potential interest in the estate are aware of the probate proceedings and have an opportunity to participate.

As part of the probate process, the court-appointed administrator must notify all heirs about the probate proceedings. Heirs are those who stand to inherit the deceased person's property under Missouri's intestate succession laws. To notify heirs:

• Identify and locate all potential heirs according to the order of inheritance outlined by Missouri law. This may involve searching for contact information and addresses.
• Send a written notice to each heir, informing them of the probate proceedings. The notice should include the name of the deceased person, the name and contact information of the court-appointed administrator, and a brief explanation of the heir's rights and responsibilities in the probate process. Be sure to send the notice using a method that provides proof of delivery, such as certified mail with return receipt requested.
• File a proof of notice with the court, showing that all heirs have been properly notified. This proof may be in the form of signed acknowledgments of receipt or copies of the return receipts from the certified mail.

The personal representative is also required to notify creditors of the decedent. Typically, the clerk of the court will publish notice in a local newspaper for four consecutive weeks. The notice should include the name of the deceased person, the name and address of the administrator, and a statement informing creditors that they have six months from the date of the first publication to file claims against the estate.

Step 4: Take Inventory of the Estate

After the petition has been filed and notice has been given to all interested parties, the personal representative will need to take inventory of the assets and liabilities of the estate. This inventory must be filed within 30 days of the personal representative's appointment. First and foremost, the personal representative will need to determine which assets the decedent had at death. This may include looking through records, bills, and other documents to make sure that all of the decedent's assets are accounted for. If an asset has a beneficiary designation or other nonprobate transfer designation, it will not be included in the inventory.

An appraisal of assets may be required, especially in the case of real estate. This is important to determine the fair market value of the asset as of the day of the decedent's death. All assets are to be valued as of the date of the decedent's death. The personal representative will also want to see what, if any, debt is outstanding.

Once all of the decedent's assets and debts are accounted for, the personal representative will file an inventory and appraisement with the court. This inventory will include a description of assets, the fair market value of each, and any debts or liens associated with the asset.

Step 5: Pay Debts and Taxes

Before distributing the estate's assets to the heirs, the administrator must pay off any debts and obligations the deceased person owed. This includes funeral expenses, taxes, and any valid claims by creditors.

In Missouri, the personal representative must publish a notice to creditors in a local newspaper to inform them of the probate proceedings. Creditors then have six months from the date of the first publication to file claims against the estate. The administrator must review and approve or reject each claim within a specified time frame. If a creditor disputes a rejected claim, the court may need to resolve the matter.

Step 6: Distribute the Assets to the Heirs

Once all debts and taxes have been paid, the administrator must distribute the remaining assets to the heirs according to Missouri intestacy laws.

As mentioned earlier, the distribution order starts with the spouse and children, followed by other relatives if there are no surviving spouse or children. Here's a more detailed breakdown of the distribution:

• If the deceased person had a spouse and children, the spouse will receive the first $20,000 plus half of the remaining estate, and the children will equally share the remaining half.
• If the deceased person had a spouse but no children, the spouse will inherit the entire estate.
• If the deceased person had children but no spouse, the children will inherit the entire estate, divided equally among them.
• If there are no surviving spouse or children, the estate will be distributed to the deceased person's parents, siblings, or more distant relatives according to the order of inheritance outlined by Missouri law.

It's important to note that any property inherited by minor children will be managed by a conservator until they reach 18 years old. The court will appoint a conservator, often a parent or close relative, to manage the assets on the child's behalf.

Step 7: Close the Estate

Once the administrator has distributed the assets to the heirs, they must file a final settlement with the court, which details the assets collected, the debts paid, and the distributions made to the heirs. The court will review the final settlement, and if everything is in order, they will approve it and formally close the estate.

Conclusion

Probating an intestate estate in Missouri can be a complex and time-consuming process. By understanding the steps involved and seeking assistance from an experienced attorney or legal advisor, you can successfully navigate the process and ensure your loved one's estate is managed and distributed according to Missouri law. While dealing with a loved one's passing is never easy, knowing the steps to take and having support along the way can help ease the burden and bring closure to your family.