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If timely probate is not filed, the property will pass to the true heirs at law, not to the parties named in the Will. Additionally, when a family member dies, each asset must be examined to determine whether it automatically passed to another person upon death or must be probated.

A: By law, most probate matters require you to be represented by an attorney – Sections 473.153 (7) and 475.020 RSMo. However, Applications for a Refusal of Letters for a Spouse, for a Creditor or for an Unmarried Minor Child can be filed without an attorney.

After the notice period is over, if all estate matters are otherwise concluded, the probate estate can be closed within about 60 days thereafter. Therefore, the full probate process takes longer than six months, but can often take a year or more.

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.

Probate in Missouri: How It Works In order to go through the standard probate process in Missouri, an estate must be worth $40,000 or more. Those valued under $40,000 may go through simplified probate to distribute the assets.

To do this, you will need to contact your local county clerk's office (or similar organization) and inquire about the process for obtaining probate property information. The county clerk's office will provide you with a list of properties that are in the probate process or have recently been probated.

Q: Is there a time limit on when a proceeding may be filed in Probate? A: There are statutory time limits for filing on most probate proceedings. The most common being that a will can be filed at any time, however, a Petition for Probate of Will must be filed within 1 year from the date of death.

The probate process begins when the decedent passes away. A petition is filed with the proper court to have probate opened. The next step is to identify the executor or personal representative of the decedent's estate. If there is a Will, an executor will likely be named in it.

By filing the affidavit, the affiant can avoid full, formal probate. With a simplified probate process, the typical small estate usually takes about two months to close. In contrast, regular probate takes no less than six months, often taking a year or more to complete.