Missouri Law: Forcing Sale Of Inherited Property

In Missouri, the probate process is required when a person dies and still has property titled in their name, with no beneficiary named. Probate is a legal process of transferring property that is stuck titled in the name of a deceased person to the name of their living heirs or beneficiaries. Missouri's intesty laws are designed to ensure that the property goes to anyone remotely related to the deceased. This raises the question: can a beneficiary force the sale of inherited property under Missouri law?

Characteristics and values regarding Missouri law on beneficiaries and inherited property

Beneficiary bill of sale

In Missouri, a beneficiary bill of sale, also known as a beneficiary transfer instrument, is a legal document that facilitates the transfer of property from a deceased person to their beneficiaries. This process is known as probate and is overseen by the Probate Division of the Missouri Circuit Courts.

Probate is a deliberate and comprehensive legal process designed to prevent fraud and ensure that beneficiaries receive their rightful inheritance. It involves freezing the transfer of assets until a judge validates the will, if one exists. During probate, creditors and beneficiaries are notified of the decedent's death, and the assets of the estate are identified, appraised, and distributed accordingly.

The beneficiary bill of sale specifically pertains to tangible personal property. It outlines the transfer of ownership from the deceased (the seller) to the beneficiary (the buyer). This document typically includes the date of the bill of sale, a description of the property, the sales price, and any warranties provided by the seller.

It is important to note that a beneficiary bill of sale does not automatically transfer ownership of the property. Instead, it serves as a legal record of the transaction and the terms agreed upon by the beneficiary and the estate. The beneficiary bill of sale should be signed by both parties and may include additional documentation, such as an odometer disclosure statement for motor vehicles.

To ensure compliance with Missouri law and protect the interests of all involved parties, it is advisable to consult with an attorney when navigating the probate process and creating a beneficiary bill of sale.

Intestate succession laws

Missouri's intestacy laws require that, to inherit, a person must outlive the deceased by 120 hours. Half-relatives will receive half the share of whole relatives, and relatives entitled to a share will inherit regardless of their immigration status.

Adopted children are treated the same as biological children and will receive an intestate share. However, foster children, stepchildren, and children placed for adoption who were legally adopted by another family will not receive a share.

The size of each child's share depends on the number of children, the marital status of the deceased, and whether the spouse is the parent of the children. If there are no children, the assets will go to the spouse, and if there is no spouse, the assets will go to other relatives, including parents, siblings, grandparents, aunts and uncles, and descendants of these relatives. Collateral relatives (relatives who are neither ancestors nor descendants) may not inherit unless they are related to the deceased at least as closely as the ninth degree.

The Probate process in Missouri is designed to be deliberate and comprehensive and can take over a year. It involves freezing the transfer of assets until a judge validates the will (if there is one), notifying creditors and beneficiaries, identifying and appraising assets, and distributing the inheritance.

Probate process

The probate process in Missouri is a court-supervised process of transferring legal title from a person who has died (the "decedent") to the person's distributees. Probate is required when a person dies and still has property titled in their name, with no beneficiary named on such property. Probate is not designed to be quick but is designed to be deliberate and comprehensive. It is also designed to prevent fraud by freezing the transfer of assets until a judge finds that the Will (if one exists) is valid.

There are two types of probate administration permitted by Missouri probate law: "supervised" or "independent". A supervised administration is closely monitored by the probate court. The court must approve many actions of the personal representative, who must also file annual settlements that are fully reviewed and audited by the probate division. An independent administration is more informal and eliminates the need for supervision by the probate division and annual settlements. An estate may be "independently" administered if so designated in the deceased's will, or if the distributees all agree.

A probate proceeding takes place in the probate court of the county where the deceased property owner lived. If the deceased also owned real estate in another state, additional proceedings may be necessary in that state. The personal representative has the authority and duty to take control of and safeguard the assets of the decedent's estate. The personal representative must file an inventory and appraisement detailing what the probate assets are, and then publish notice in the paper. Under Missouri law, creditors have six months from the date of publication to file a claim against the estate. After the notice period is over, if all estate matters are otherwise concluded, the probate estate can be closed within about 60 days. Therefore, the full probate process takes longer than six months but can often take a year or more.

The personal representative and attorney are paid a fee set by Missouri law based on a percentage of the value of the estate assets administered. These fees do not include court costs for filing documents and other third-party fees such as an accountant, real estate agent, or other advisors. In St. Louis County, the probate process can last anywhere between 9 and 18 months depending on the complexity involved. A carefully considered, well-drafted will can reduce expenses and simplify probate proceedings.

Personal representative

In Missouri, if a person dies and still has property titled in their name, and there is no beneficiary named for that property, the assets will be distributed by the Probate Court to the heirs identified under Missouri law. This process is called probate.

The Probate Court will appoint a Personal Representative (or Executor) nominated in the Will to identify beneficiaries and manage the distribution of assets. The Personal Representative must file an inventory and appraisement detailing the probate assets and then publish notice in the paper. Missouri law gives creditors six months from the date of publication to file a claim against the estate. Once the notice period is over and all estate matters are concluded, the probate estate can be closed within 60 days.

The Personal Representative has several powers and duties, including:

• Accepting a conveyance or transfer of encumbered assets from the owner to satisfy the indebtedness secured by a lien
• Paying taxes, assessments, compensation, and other expenses related to estate administration
• Selling or exercising stock subscription or conversion rights
• Allocating items of income or expense to either estate income or principal, as permitted by law
• Employing persons, including attorneys and investment advisors, to assist in administrative duties
• Executing and delivering a deed of conveyance for the cash payment of sums due or the purchaser's note secured by a mortgage or deed of trust
• Depositing or investing liquid assets of the estate in insured interest-bearing accounts or other prudent investments
• Retaining assets owned by the decedent pending distribution or liquidation, and performing or refusing performance of the decedent's contracts

Joint titling of property

In Missouri, property can be titled as a joint tenancy or as tenants in common. Tenants in common each have a distinct and separate ownership right for their share of the property. Upon the death of one tenant in common, their interest in the property becomes part of their estate and is passed down to their beneficiaries or heirs.

Joint tenancy with the right of survivorship, on the other hand, creates a situation where each owner owns the whole property. Upon the death of one owner, the property automatically passes to the surviving owner(s) without the need for probate. This can include any type of property, real or personal, such as real estate, vehicles, bank accounts, or other valuable property.

To create a joint tenancy, the owners must include the proper language in the deed or other ownership documents. For example, in the case of real property, if the owners are not a married couple, the deed must expressly state an intention to create a joint tenancy with rights of survivorship.

It is important to remember that titling property as a joint tenancy can make it difficult to sell or dispose of your interest in the property in the future without the agreement of the other co-owner(s).

Frequently asked questions