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The question of how long probate takes in Missouri, as in any state, depends on several factors, including the size of the estate, the existence of a will, and the efficiency of the executor or personal representative. In general, probate in Missouri can take anywhere from several months to over a year.
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.
Probate is a legal process of transferring property that is ?stuck? titled into the name of a deceased person, into the name of the deceased person's living heirs (without a will) or beneficiaries (under a Will). Probate is not designed to be quick, but is designed to be deliberate and comprehensive.
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.
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.
Children in Missouri Inheritance Law Stepchildren of the deceased (not with the surviving spouse) get 50% of the intestate estate, while the spouse claims the other half. If the deceased has no surviving spouse, then his or her children or their descendants will be the sole recipients of the estate in equal parts.
The following are steps in probate administration: Hire an attorney to represent you. Apply for Letters Testamentary if there is a will admitted (or apply for Letters of Administration without a will). Publish notice to creditors. ... Inventory and appraise assets.
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.