The probate process is the judicial administration of a decedent’s assets after an individual’s death. Most families take steps to avoid the probate process, typically through the employment of a living trust. It should be noted, however, that probate, while a bit cumbersome, is not the end of the world.
Understanding the Probate Process: What You Need to Know
Chances are, at some point in your life, you’ll be connected to a probate court proceeding—whether directly or through a family member or friend. In fact, many people are more likely to be involved in a probate case than a criminal one. And while courtroom dramas on TV have made most of us familiar with how a criminal trial plays out—opening statements, witness testimony, closing arguments, and a jury verdict—probate court remains a mystery to many.
If you’re facing a probate matter or just want to be prepared, understanding how probate works can help reduce stress, confusion, and potential conflict down the road.
What Is the Purpose of Probate?
Probate is the legal process that ensures a person’s financial and legal affairs are settled after they pass away. A probate court oversees this process to make sure that:
- A valid will is identified and upheld
- If there’s no will, heirs are determined according to Missouri’s intestacy laws
- The will wasn’t forged or created through fraud
- Legitimate debts and taxes are paid from estate funds
- Remaining assets are distributed properly to the rightful beneficiaries
What Happens During Probate?
Once someone passes away, the first step is to determine whether a valid will exists. If there is one, the court appoints an executor—typically the person named in the will. If there’s no will, the court designates an administrator (functionally the same role), who is responsible for managing the estate.
In Missouri, executors have the authority to perform many duties without seeking direct court approval, although the probate court still supervises the process.
Key steps in probate include:
- Appointment of an Executor – The court officially appoints someone to manage the estate.
- Inventory of Assets – The executor gathers all estate property, such as real estate, vehicles, financial accounts, and personal valuables.
- Paying Debts and Taxes – Creditors have four months to file claims. These may include credit card balances, mortgages, judgments, and tax obligations. The executor may need to liquidate estate assets to cover these expenses.
- Distributing Remaining Assets – After debts are paid, any remaining assets are distributed to beneficiaries according to the will—or to heirs under state law if there’s no will.
While this process may seem straightforward, complications can arise in situations such as:
- Disputes over the validity of the will
- Conflicts involving multiple wills or last-minute changes
- Questions about how certain property should be distributed
- Issues involving deceased, divorced, or omitted beneficiaries
When Probate Might Not Be Required
Probate can be time-consuming—often lasting up to a year—and may involve legal fees and delays. However, not all estates in Missouri require a full probate process. Probate may be avoided if:
- The deceased had a surviving spouse
- The estate’s value is under $40,000
- All assets pass outside of probate (e.g., through joint ownership, beneficiary designations, or trusts)
When to Seek Legal Help
If you’ve recently lost a loved one or are planning your estate, a knowledgeable probate attorney can guide you through your options and ensure everything is handled properly. From minimizing delays to protecting the interests of beneficiaries, the right legal support can make a significant difference.
These legal topics are provided to you by the President of QMC, Mark Easley. While QMC does not engage in the practice of law, Mr. Easley has practiced estate planning and elder law for over 30 years and is currently the principal at the Elder and Estate Planning Law Firm of St. Louis.