Probate Administration
When someone dies, the family may be left with a will, property, accounts, debts and a long list of questions about what happens next. Probate is the court-supervised legal process used to administer certain property in a person’s estate after death.
Not every estate follows the same path. Whether probate is necessary can depend on what the person owned, how property was titled, beneficiary designations, trusts and other arrangements that were already in place.
LifeGen Law Group helps families and personal representatives understand what needs to happen and navigate probate administration in Missouri. For those planning ahead, we can also help evaluate estate-planning strategies that may reduce the amount of property that ultimately requires probate.
Not every estate requires the same probate process. One of the first steps after a death is determining which property belongs to the probate estate and which assets may transfer another way.
A will is important, but having a will does not automatically avoid probate. A will generally provides instructions for property governed by the probate process and identifies the person the deceased wanted to handle the estate. Other property may pass outside probate depending on how it was owned, whether beneficiaries were designated or whether another valid transfer arrangement applies.
Probate administration involves more than reading a will and dividing property. When probate is required, the process generally involves establishing legal authority to act, identifying and managing estate property, addressing obligations and eventually distributing the remaining assets.
The exact steps vary from estate to estate, but administration may include:
The appropriate documents are filed with the probate division of the Missouri circuit court. If there is a valid will, the person named to serve may seek appointment as personal representative. If there is no will, the court appoints a personal representative according to Missouri law.
The personal representative may need to locate, collect, value and preserve property belonging to the probate estate. This can also require determining which assets are probate property and which may transfer outside the estate.
Estate administration may involve creditor claims, expenses and tax matters that apply to the estate. These obligations generally need to be addressed before final distributions are made.
After the applicable obligations have been handled, remaining probate property can be distributed according to the will or, if there is no valid will controlling that property, Missouri’s intestate succession laws.
The final stage involves completing the administration and taking the steps required to close the estate. What is required depends on the type of administration and the issues that arise along the way.
Being named in a will does not mean you are expected to already know how to administer an estate.
In Missouri, the person appointed by the court to administer the probate estate is generally called the personal representative. Depending on the estate, that role can involve important legal, financial and practical responsibilities.
Responsibilities may include identifying and preserving estate property and preparing required inventories.
The personal representative may need to address claims and handle applicable tax matters as part of the administration.
Depending on the estate, property may need to be transferred or sold when appropriate.
Responsibilities may include making distributions and completing the steps necessary to close the estate.
Can I access the accounts? What should happen to the house? Which bills should be paid? Can property be distributed yet? What if an asset cannot be located? What happens if family members disagree?
The answer may depend on what the personal representative has been authorized to do, what belongs to the probate estate and where the estate is in the administration process.
LifeGen works with personal representatives through probate administration, helping them understand their responsibilities and move through the required steps from opening the estate through completion.
Some property can pass outside probate when the appropriate planning and ownership arrangements are in place. But there is no single probate-avoidance strategy that is right for every person, family or asset.
Depending on the circumstances, an estate plan may use tools such as:
✓Revocable living trusts | ✓Beneficiary designations |
✓Payable-on-death or transfer-on-death arrangements | ✓Forms of joint ownership that include survivorship rights |
✓Other estate-planning strategies appropriate to the property and owner’s goals | |
The important issue is not simply whether documents have been signed. How property is owned and whether the estate plan has actually been implemented can affect what happens after death.
That distinction reflects LifeGen’s broader approach to estate planning. The firm works with clients through the planning and implementation process so they understand what needs to happen with their assets rather than leaving them with documents and a list of instructions.
If avoiding probate is one of your planning goals, you can also read 5 Reasons to Avoid Probate — and How to Do It or learn more about Revocable Trusts and other estate-planning options.
The word “probate” often comes up both before and after a death, but the legal needs are different.
Before a death, the focus is on creating an estate plan that reflects your wishes and determines how property should transfer in the future.
That may include deciding who should receive your property, who should be responsible for carrying out your wishes and whether certain assets should be structured to transfer outside probate.
This work belongs within the broader Estate Planning and trust-planning process.
After a death, the focus becomes administering what already exists.
That may mean determining which property belongs to the probate estate, whether an estate needs to be opened, who has authority to act and what legal steps must occur before property can be distributed.
Probate can involve the court, financial institutions, real estate, creditors, tax questions, family members and legal deadlines at a time when the people involved may also be grieving.
LifeGen Law Group takes a start-to-finish approach to legal planning and administration. Instead of simply handing clients a set of instructions, the firm helps them understand what needs to be done, why it matters and what comes next.
Based in Springfield, LifeGen works with individuals and families throughout Southwest Missouri, including the Branson area and surrounding communities.
When someone dies without a valid will, they are considered to have died intestate. Property that is part of the probate estate is distributed according to Missouri’s intestate succession laws rather than according to instructions in a will.
The absence of a will does not necessarily determine whether every asset will go through probate. Ownership and beneficiary arrangements still matter.
It depends on how the property was owned and the circumstances of the estate.
Real estate may be part of the probate estate, may pass through another ownership arrangement or may need to be sold or transferred during administration. Before taking action with a home or other real property, the personal representative should first understand who has legal authority and how the property is supposed to pass.
Missouri law provides a procedure for certain qualifying small estates that may allow property to be distributed without a full traditional probate administration.
Whether an estate qualifies depends on statutory requirements and the circumstances of the estate, so the size of the estate should not be the only factor considered before deciding how to proceed.
A trust only controls property that is governed by that trust. Other assets may transfer through beneficiary designations, ownership arrangements or the probate estate.
It is therefore possible for trust administration and probate administration to occur after the same person’s death.
Consider seeking legal guidance when you are unsure whether probate is necessary, have been named to handle an estate, need to deal with property or creditor issues, do not know who has authority to act or simply need help determining the next step.
Getting those questions answered early can help clarify which process applies before major estate decisions are made.
If someone has died and you are unsure what needs to happen with the estate, you do not have to determine the process on your own.
LifeGen Law Group can help you understand whether probate may be necessary, what responsibilities are involved and what your next step should be.
The team at LifeGen Law Group is honored to facilitate this process and is committed to providing personal service to each client, using only those legal tools and techniques best suited to each client’s needs, goals, and personal circumstances.
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