Keith Mack
The Missouri Bar has published a probate law resource guide that can be a valuable tool for anyone new to the role of Executor/PR. This guide provides Missouri-specific answers to common questions that arise in probate practice. It covers a range of topics, including wills, living trusts, and power of attorney. The Missouri Bar also provides an attorney referral service to help individuals find the right legal representation for their needs. For those seeking additional support, local publications such as The Countain and Missouri Public Notices can provide useful information, and organisations like the American Academy of Estate Planning Attorneys (AAEPA) specialise in legal issues related to wills, trusts, and estates.
| Characteristics | Values |
|---|---|
| Name | LexisNexis Practice Guide: Missouri Probate and Estate Administration |
| Publisher | LexisNexis |
| Format | eBook, CD, downloadable content, and software |
| Chapters | 10 |
| Topics Covered | Governing law and jurisdiction, identifying heirs and beneficiaries, creditor claims, small estates, selling estate property, ethical considerations, etc. |
| Price | Not specified; varies based on format and subscription type |
| Shipping | Shipping and handling fees are not included in the grand total price |
| Returns | Full credit of the price within 30 days of receipt; no returns or credits after 30 days |
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What You'll Learn
Identifying heirs and beneficiaries
In Missouri, an "heir" is someone who is legally entitled to receive property from another person upon their death. Typically, we think of heirs as the spouse or children of the deceased, but this is not always the case. Missouri law dictates who is considered an heir of a decedent, and this can include parents, stepchildren, siblings, and half-siblings, depending on the unique family dynamics.
"Beneficiaries," on the other hand, are those specifically and intentionally named by the decedent in a will or other instrument to receive certain assets. These can include people or entities, and they receive their inheritance because they were explicitly named, rather than by their relationship to the decedent.
Determining who is an heir and how much they should receive can become complicated, especially in split family situations or when there are surviving children and a step-parent or surviving spouse. An attorney can help clients understand who the court will likely determine as an heir by reviewing the specific facts of the case.
An affidavit of heirship is a legal document used to transfer ownership of real estate when the owner has been deceased for more than a year. It is used outside of probate court and only applies to real property. If there are other assets to be transferred, a determination of heirship proceeding is typically required. During this proceeding, the petitioner must list anyone they believe might be an heir or is claiming to be an heir, and they must use "reasonable diligence" to determine if any other heirs exist.
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Transferring property
There are several ways to transfer property in Missouri. One way is through a will, which directs probate by overriding the Missouri laws that would have applied if there was no will. A will must comply with the formalities of Section 473.050, RSMo to be admitted to probate. The PR 75 Election of Surviving Spouse form can be used by an heir of the decedent to gain the authority to collect and distribute the assets of a decedent who died without a will or whose will was not admitted to probate within a year of their death. This form can only be used if the value of the estate, excluding certain liabilities, does not exceed $40,000.
Another way to transfer property is through beneficiary designations on contracts, such as life insurance policies, which pay out to the designated beneficiary upon the owner's death without any involvement from probate. Other ways to transfer property outside of probate include transfer on death (TOD) designations for vehicles or financial accounts, payable on death (POD) designations for bank accounts, beneficiary deeds for real estate, and beneficiary bills of sale for tangible personal property.
In Missouri, a personal representative must be appointed to manage the probate process. This person is responsible for filing an inventory and appraisement of probate assets, publishing notice in the paper, and ensuring that debts and taxes are paid before the property is distributed. The full probate process can take a year or more to complete.
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Court forms and fees
Court forms are available for various probate legal actions in Missouri, such as transferring a deceased person's property to their spouse, unmarried child, or children, or to a person or business the deceased owed money to. These forms can be downloaded from the Missouri Courts website and saved to your computer or a personal device. It is important to note that you must save each form before you begin entering information. For fillable PDF documents, you must use Acrobat Reader DC or Adobe Acrobat DC to ensure the forms work as intended.
Several specific probate forms are available, including the PR 30 Application to Amend Order Refusing Letters, which allows a surviving spouse to reject the terms of a deceased person's will and instead take the share of the estate allowed by statute. The PR 75 Election of Surviving Spouse form is used by an heir to gain the authority to collect and distribute the assets of a decedent who died without a will or whose will was not admitted to probate within a year of their death. This form is only applicable if the value of the entire estate, excluding certain liabilities, does not exceed $40,000. The PR 16 Affidavit to Establish Title of Distributee - Small Estate - Intestate form serves a similar purpose, enabling a legatee to collect and distribute a decedent's assets according to the terms of a will that has been admitted to probate. Again, this form is subject to the same $40,000 limit on the value of the estate.
The PR 10 Statement of Reimbursable Attorney Fees form is used by a creditor to file an application to transfer a deceased person's personal property valued at $15,000 or less when there is no surviving spouse or unmarried minor children. The PR 23 Application of Creditor for Refusal of Letters form is used to transfer both real property (e.g., a house) and personal property (e.g., a car) to a creditor of the estate. Additionally, the PR 33 Application of Surviving Spouse for Refusal of Letters form is used to transfer a deceased person's real and personal property to their surviving spouse, and it can also be used to amend the order if additional assets of the deceased are discovered.
Regarding court fees, while specific amounts are not readily available, it is important to note that Missouri allows for executor fees or compensation by statute, ranging from two to five percent. Generally, the cost of probate in Missouri will differ depending on various circumstances of the estate. Additionally, the 7th Judicial Circuit Court in Clay County, Missouri, has a published list of probate court costs and fees payable to the Clay County Circuit Clerk, indicating that there are certain fees associated with the probate process. It is recommended to seek legal counsel for specific information on court fees.
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Estate administration
Gaining Authority Over Estate Distribution:
- For Heirs and Legatees: Forms PR 75 and PR 16/17 are used by heirs and legatees, respectively, to gain the authority to collect and distribute the decedent's assets. These forms are applicable when the decedent died without a will or when the will has been admitted to probate. The value of the estate must not exceed $40,000, excluding liens, debts, easements, leases, and mortgages.
- Determining Heirs and Share Allocation: Form PR 25/26 is used by heirs to obtain a judgment determining the heirs, assets of the decedent, and the share allocated to each heir.
- Spouse's Election: Form PR 75 allows a surviving spouse to reject the terms of the deceased's will. By filing this form, the spouse chooses to take their share of the estate as allowed by statute (section 474.160, RSMo) instead of what is outlined in the will.
Transfer of Property:
- Transfer to Spouse, Unmarried Child(ren), or Creditor: Various forms are available for transferring the deceased's property to their spouse, unmarried child or children, or to a creditor (individual or business) to whom the deceased owed money.
- Transfer of Personal and Real Property: Forms PR 10 and PR 23 are used to transfer the deceased's personal property (e.g., car, motorcycle) valued at $15,000 or less, and real property (e.g., house). These forms are used when there is no surviving spouse or unmarried minor children.
Compliance with Section 473.050, RSMo:
It is essential to note that for a will to be admitted to probate, the petitioner must comply with section 473.050, RSMo. Failing to follow the formalities of this section will result in the will not being admitted to probate.
Please note that this guide provides an overview of the forms related to estate administration in Missouri. For detailed instructions and eligibility criteria, refer to the official Missouri Court website or seek legal advice.
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Claims and taxes
Estate issues can be complex and certain decisions may have costly tax consequences. Missouri's probate and estate tax laws are based on the Internal Revenue Service (IRS) estate tax credit. Since the IRS stopped allowing state death tax credits after January 1, 2005, Missouri's estate tax is no longer imposed. However, if the IRS reinstates a state-based estate tax credit, Missouri's estate tax and tax return will be required again.
Probate cases in Missouri are handled at the local county circuit court in the probate division. The process of administering the estate depends on whether the decedent had a valid will and the type of probate administration required. If the estate is small enough, Missouri law allows skipping probate and using a simplified process. Otherwise, a formal probate process in court is necessary, which can be either "independent" or "supervised".
Several forms are available for various probate legal actions, such as transferring a deceased person's property to their spouse, unmarried child or children, or to a person or business the deceased may owe money to. Court clerks may provide assistance in completing these forms, and users should contact their local court to determine the availability of assistance. It is important to save each form before entering information and to use Acrobat Reader DC (or Adobe Acrobat DC) for fillable PDF documents.
Specific forms include the PR 10 Statement of Reimbursable Attorney Fees, used by a creditor for filing an application to transfer a deceased person's personal property valued at $15,000 or less when there is no surviving spouse or unmarried minor children. The PR 23 Application of Creditor for Refusal of Letters is used to transfer a deceased person's real and personal property. The PR 30 Application to Amend Order Refusing Letters is used by a surviving spouse who is rejecting the terms of a deceased person's will, allowing the spouse to take the share of the estate allowed by statute. The PR 75 Election of Surviving Spouse form is used by an heir to gain authority over a decedent's assets if there is no will or if the will is not admitted to probate within a year. The PR 16 Affidavit to Establish Title of Distributee - Small Estate - Intestate/Testate is used by a legatee to gain authority over a decedent's assets according to the terms of a will, provided the value of the estate does not exceed $40,000 excluding liens, debts, easements, leases, and mortgages.
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Frequently asked questions
Probate is a legal proceeding to administer certain kinds of property (called probate property) owned by someone who has died (the decedent), and to ensure claims, expenses, and taxes are properly paid. Probate property is all property titled in the decedent's name alone. It is distributed only under the decedent's will or according to Missouri law.
The guide includes how-to practice guidance with task-oriented checklists and forms. It covers governing law and jurisdiction, identifying heirs and beneficiaries, and creditor claims, among other topics.
The total price includes the product(s) listed in the Order Form and any Updates for a limited period (minimum period of 30 days) after the order is placed ("Order Window"). Shipping and handling fees are not included in the grand total price.
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.
