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In Missouri, after a person dies, the heirs have one year to open a probate estate if full probate is necessary. The biggest issue that arises is that Wills are not effective unless admitted to the probate court within one year of the death of the owner of the property.
Probate is not required unless there is at least one asset ?stuck? in the name of the decedent only, with no beneficiaries being named on that asset.
Probate About. value is. All estates with a total value of $40,000.00 or more, must be handled by an attorney. Property that is jointly held, TOD, transferred on death, POD, payable on death, has living beneficiaries or is listed under a trust, may not have to go through Probate.
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.
The person who desires to be in charge of the probate estate files an application with the Probate Court to act as the ?personal representative? (also called ?executor?) of the estate. When approved by the Probate Court, that person must comply with certain responsibilities established in the Missouri Probate Code.