Probate is the legal process often required following the death of an individual. The overall purpose of probate ensures assets are accounted for and ultimately given to the proper parties. It also allows for creditors to file claims against the estate to collect on debts of the individual who died.
Testate v. intestate:
Every estate falls into one of two categories – testate or intestate. A testate estate is one in which the decedent left behind a valid Last Will and Testament which is used to probate the estate according to the express wishes of the decedent. An intestate estate is one in which there is no Will. When a decedent dies intestate, Missouri laws will determine how the money and property is split up. If there is a valid Will, the person named as the “Executor” in the Will is the person who will be in charge of carrying out the wishes of the decedent. If the decedent died without a will, then the court will appoint a “Person Representative” (PR) to split up the property according to Missouri law.
Is it necessary?
Probate is required when property solely in the name of the deceased. In most cases, if the deceased owned property that had no other names attached, an estate must go through probate to transfer the property and obtain clear title to sell the property. The process is complicated and Scrivner Law LLC is here to help. We understand how difficult it is to make sure everything goes right when someone dies. Let us handle the paperwork so you can concentrate on more important things. We help you collect and manage the property, bank accounts, and other assets of the estate.
Dedication to Our Clients
After the passing of a loved one, clients and their families turn to Scrivner Law LLC for guidance. Our team is ready to help you every step of the way. Put this advantage to work for you.