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As explained above, probate is required when a person dies, still has property titled into his or her name after death, and there is no beneficiary named on such property.

In Missouri, if a decedent's estate is small enough, the law allows you to skip probate altogether and use a simplified process. Otherwise, you'll need to go through a formal probate process in court, either "independent" or "supervised" depending on the circumstances.

Strategies for avoiding probate in Missouri You could establish a revocable trust that allows you to access its assets throughout your life then distribute the remaining property to specific designees outside of probate upon your death.

Probate is necessary when a person dies with property in his or her name or with rights to receive property. Examples of having property at death include: Bank accounts in the decedent's name with no co-owner and no beneficiary designation. A home or land that is owned by the decedent individually.

A Transfer on Death (TOD) beneficiary is a simple way to transfer ownership of a vehicle after the titled owner has died. By naming a TOD beneficiary on your title application, you will avoid the need for the vehicle to go through probate upon your death.

A: There is no specific deadline set for settling an estate in Missouri. Once there is an approved personal representative, or the executor stated in a will is put in charge, this representative provides notices to creditors, who then have six months to file a claim.

The process is initiated through the filing of a small estate affidavit. To qualify for this simplified probate process, the value of the estate can't be greater than $40,000 (less any liens, debts, or encumbrances). You can apply for this streamlined process whether or not the deceased left a will.

For example, in Springfield, MO, or Republic, Mo, this would be the Greene County Probate Court. A full probate administration must generally be opened within one year from the decedent's date of death.

A probate estate can be filed with the court whether the deceased person had a Will or did not have a Will. If the deceased person had less than $40,000.00 in assets, a full probate estate usually is not required unless insurance proceeds or pending litigation is involved.