Losing a loved one brings grief and emotional challenges, but it also creates legal responsibilities that many families aren’t prepared to handle. One common question that arises during this difficult time is whether you need to go to probate court. Working with an experienced probate administration attorney can help you make informed decisions and ensure your loved one’s estate is handled properly.
Situations That Require Probate Court
Several circumstances make probate court necessary in Missouri. Most commonly, you’ll need to file with the probate court when the deceased owned assets solely in their name without designated beneficiaries or joint ownership arrangements.
Assets requiring probate court supervision include:
- Real estate titled only in the deceased person’s name
- Bank accounts without payable-on-death beneficiaries
- Vehicles and personal property in the deceased’s name alone
- Investment accounts without named beneficiaries
Missouri law also requires probate court involvement when an estate’s total value exceeds $40,000. Even if some assets can transfer outside of probate, estates above this threshold typically need formal court administration to ensure proper debt payment and asset distribution.
When a Will Exists
Having a will doesn’t eliminate the need for probate court. In fact, it actually makes court involvement more likely in many cases. The probate court validates the will’s authenticity, ensures it meets Missouri’s legal requirements, and supervises the distribution process according to its terms.
You must file a will with the probate court within one year of the person’s death. Missing this deadline can have serious consequences, as the court may treat the estate as if no will existed. As such, it will distribute assets according to Missouri’s intestacy laws instead of the deceased person’s wishes.
Situations That May Avoid Probate Court
Certain asset types and ownership structures can bypass probate court entirely. These arrangements allow property to transfer directly to beneficiaries without court supervision.
Assets that typically avoid probate court include:
- Property Held in Joint Tenancy with Rights of Survivorship – These assets automatically transfer to the surviving owner.
- Accounts with Beneficiary Designations – Life insurance policies, retirement accounts, and payable-on-death bank accounts transfer directly to named beneficiaries.
- Assets Held in Living Trusts – Trust property can be transferred to beneficiaries according to the trust terms without court involvement.
- Small Estates Under $40,000 – These may qualify for simplified procedures that don’t require full probate court administration.
Time Considerations and Court Requirements
Missouri probate law establishes specific deadlines for when you must go to probate court. Beyond the one-year deadline for filing a will, other time factors can influence whether court involvement becomes necessary.
Creditors have six months from the first publication of probate notices to file claims against the estate. This period provides protection for both creditors and beneficiaries, but it requires court supervision to ensure proper notice and claim handling.
If disputes arise among family members or questions emerge about the will’s validity, probate court becomes essential for resolving these issues. The court provides a neutral forum for addressing conflicts and ensuring fair resolution according to Missouri law.
Contact an Attorney for Professional Guidance
Determining whether your specific situation requires probate court can be confusing. The experienced attorneys at Martin & Birdsong, Attorneys at Law, understand Missouri probate requirements and can help you determine the best approach for your loved one’s estate.
We serve families throughout the Lake of the Ozarks, Columbia, and Mid-Missouri region. Our team is ready to provide clear guidance during this challenging time. Contact Martin & Birdsong, Attorneys at Law, today for a confidential consultation to discuss your circumstances. We are here to give your loved one’s estate the proper legal attention it deserves.