PROBATE AND TRUST
The function of the probate court is to handle the administration of estates after an individual has passed away. Additionally, the probate court can help oversee that estate and monitor the effectiveness of trusts established in a will.
How probate operates in Missouri
- Probate is the official way that an estate gets settled under the supervision of the court. One person is appointed to be the executor or Personal Representative and has the legal authority to gather assets owned by the estate, to pay bills and taxes, and to distribute the assets to beneficiaries. If the probate court determines that the deceased person has a viable will, then the executor and the distribution of assets can be taken into account.
- Missouri has adopted the Uniform Probate Code (UPC) which outlines three types of proceedings: informal, unsupervised, and supervised formal. Most cases are informal with the key element being that all parties to the probate are in general agreement. Your attorney can help you navigate more complex cases that arise in a probate setting.
ALL PRACTICE AREAS
How can Dubail Judge help me with Probate and Trust matters?
Our experienced probate attorneys are knowledgeable in the Uniform Probate Code and can assist your family through probate after a loved one’s passing. Through years of continuing legal education and copious experience, we understand how to advise personal representatives or executors on how to settle all of the final affairs of an estate.
If you are facing a formal probate, we have the necessary experience in operating and arguing in front of a probate court and we are prepared to advocate for you.
What is a Living Trust?
A living trust is a document that allows you to place assets into a trust during your lifetime. The more property you place in the trust, the more beneficial it can be to you and your beneficiaries. Living trusts usually allow your estate to avoid the probate process altogether. If you have more questions or if you are interested in setting up this type of trust, contact us today.
How long will it take to go through probate?
It is difficult to determine how long any probate case will take to process. It depends on whether your case is formal or informal and the type and amount of assets involved.
Having an attorney on your team can expedite the process and ensure that you receive the assets to which you are entitled.