Probate administration is the process of overseeing the settling of an individual’s estate after they pass away. In Missouri, probate administration provides the proper distribution of the decedent’s property and payment of any debts or taxes in specific situations.
What Is Probate Administration?
Probate administration refers specifically to the step-by-step process of managing and settling an estate during probate. It involves the appointment of a personal representative or executor to carry out the necessary tasks. Once all obligations have been fulfilled, the personal representative distributes the remaining assets to the beneficiaries or heirs.
What Happens During Probate Administration?
Probate administration in Missouri typically involves:
- Filing the Case – A family member or someone named in the will (called the “executor”) files the probate case with the court.
- Conducting an Inventory of the Estate – The executor creates a detailed inventory of all the person’s assets, such as money, property, and belongings.
- Paying Debts and Taxes – The estate’s money is used to pay any outstanding bills or taxes.
- Distributing What’s Left – After debts and taxes are paid, what’s left is given to the heirs or beneficiaries.
When Is Probate Administration Required in Missouri?
Although probate administration is not always required, there are situations where it is. This includes any of the following:
- There Are No Beneficiary Designations – If a person passes away with life insurance, bank accounts, or retirement funds without designated beneficiaries, probate administration determines who will receive them.
- Solely Owned Property – The decedent passed away with real estate, vehicles, or other valuable property that was in their name alone.
- No Will or Estate Plan Exists – When a person dies without a will, our state’s intestacy laws dictate how their assets are distributed. Probate administration verifies that all laws are followed and that the property is administered fairly.
Probate administration is not required if the deceased person’s assets are jointly owned or if they identified beneficiaries who would inherit the property. However, the probate administration process can still provide transparency and clarification for beneficiaries, even when not required.
Why Might You Need Help with Probate Administration?
Even though probate administration is meant to provide fairness, it can still be overwhelming. There are deadlines to meet, paperwork to file, and rules to follow. Mistakes can slow things down or cause disagreements among family members.
Having an attorney guide you through the process can make everything easier. They help you avoid common mistakes and handle the legal details, allowing you to focus on what’s most important.
Call Our Probate Administration Attorney Today
If you are dealing with probate in Lake of the Ozarks, Missouri, Martin & Birdsong, Attorneys at Law, can help. Whether you are trying to figure out if probate administration is needed or you run into issues in the middle of the process, we’re here to make it as smooth as possible. Contact us today to speak with a probate administration attorney who understands what you’re going through and is ready to help.