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Often, executors take 8-12 months to settle an estate; however, the process can take two or more years. Executors are given an executor year, referring to a granted period where they are expected to fulfill their fiduciary duties.
Although there is no statutory guideline on executor fees in Missouri, the common understanding among legal professionals suggests that an executor can expect to receive about 2-5% of the estate's value. However, this percentage can vary based on the specifics of the estate and the executor's duties.
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.
As a rule, gifts of a set amount of money in a will should be paid out within a year of death. If the executor isn't able to pay the legacy within that time, the beneficiaries will be entitled to claim interest.
The Estate Settlement Timeline: There isn't a specific deadline for this in Missouri law, but it's generally best to do so within 30 days to prevent unnecessary delays in the probate process.
Seeking Legal Recourse If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit.
Copies of probate records can be obtained by contacting the probate judge in each county, or the Circut Court.
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.