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In most cases, if someone passes away without a will, all or the majority of their estate will pass on to their spouse, and the remaining amount will be divided between the parents of the individual who passed on or their descendants if they are not the children of the surviving spouse.
If the Will is not filed with the Probate Court within the required one year period, the Will becomes invalid ? it is no longer any good. The Will essentially ?expires?.
The independent personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto.
However, there are some simplified probate alternatives for smaller estates: For personal property valued at $40,000 or less, a simple affidavit can be used to transfer the property to the beneficiaries without going through probate, provided that no other probate proceedings have commenced.
In a Missouri intestate estate, the following order of priority applies to persons who can serve as personal representative: The decedent's surviving spouse. One or more beneficiaries (not including creditors) that the court believes intends to manage and preserve the estate.