Missouri Sample Letter for Petition to Appoint Administratrix
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How to fill out Sample Letter For Petition To Appoint Administratrix?
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FAQ
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.
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 determination of heirship proceeding is a special type of probate proceeding that only occurs if there was no will to probate, or alternatively, a will was not timely presented for probate within one year.
Many problems can arise if real estate does not go through probate: if real estate remains stuck in the name of a dead person, and there is a mortgage on the property, the mortgage company could foreclose. If no one pays the real estate taxes, the county may foreclose after three years.
To be appointed, the personal representative needs to usually apply for ?letters testamentary? with the proper court, which in turn will authorize that person to act as personal representative and carry out the instructions contained in the decedent's will.
Missouri requires that an estate be over $40,000 in order to go through a standard probate process. Otherwise, it will undergo a simplified probate process. Wills and testaments must be filed within one year of death with the Probate Division of the Circuit Court.
To be appointed, the personal representative needs to usually apply for ?letters testamentary? with the proper court, which in turn will authorize that person to act as personal representative and carry out the instructions contained in the decedent's will.
