Probate Administration

Probate Administration Columbia & Lake of the Ozarks

Being tasked with overseeing a loved one’s estate after their passing can be stressful and overwhelming. This responsibility can feel even heavier when the estate must first pass through probate. Probate administration involves managing and distributing a person’s assets according to their will or state law, which can include working through substantial legal paperwork and court requirements. Having guidance during this process can help you focus on what truly matters – healing and honoring your loved one’s memory.

This is where the Lake of the Ozarks and Columbia, Missouri probate attorneys at Martin & Birdsong, Attorneys at Law, can help. We provide support to make this process more manageable. Contact our office today to discuss your situation and find the assistance you need to handle your loved one’s estate with care and confidence.

What Is Probate?

Probate is the legal process that occurs after a person passes away. It ensures their assets are distributed according to their will or Missouri probate law (if they died without a valid will). It involves paying off any outstanding debts or taxes of the deceased before transferring the remaining assets to their rightful heirs.

While probate can be a lengthy and complicated procedure, having the proper support can make a difference in the quality of your experience. Martin & Birdsong, Attorneys at Law, has substantial experience guiding families through the probate process with clarity and compassion. We help to simplify each step so your family can manage during a challenging time. With the right legal guidance, probate can be much more straightforward, and you’ll face much less administrative burden.

Don’t let probate stress you out. Our attorneys at Martin & Birdsong can handle the legal complexities, allowing you to focus on what matters most. With our expertise, you can have peace of mind knowing your loved ones are protected.

Please contact us at (573) 348-4500 to schedule an initial consultation.

When Is Probate Required?

In Missouri, probate is typically required if the deceased owned assets solely in their name at the time of death. These assets may include items such as:

Real estate
Bank accounts
Investments
Personal property, such as vehicles or valuable items

If assets are jointly owned or have a named beneficiary, such as a life insurance policy, they bypass probate and go directly to the co-owner or beneficiary. However, assets that are solely owned by the deceased must go through probate to be legally distributed. There are exceptions where probate may not be necessary, mainly when the estate’s total value is below a certain threshold, which qualifies for a simplified probate process in Missouri. Consulting with an attorney can help determine whether probate is required.

The Probate Process in Missouri

Understanding the steps in the probate process can help you feel more prepared if you’re named as an executor or simply want to understand what happens. Here’s a general overview:

The first step in starting the probate process is to file the will (if one exists) with the probate court in the county where the deceased lived. This action initiates the probate process and formally appoints an executor, who is responsible for managing the estate. If there is no will, the court will appoint an administrator to take on this role.
The executor must inform all heirs, beneficiaries, and creditors about the probate proceedings. This step is crucial because creditors can file claims for any outstanding debts the estate owes. Under Missouri law, creditors typically have six months to submit their claims.
The executor creates a detailed inventory of the deceased’s assets, including property, bank accounts, investments, and personal belongings. This inventory is then filed with the court, providing a comprehensive overview of the estate’s total value.
Any outstanding debts, funeral expenses, and taxes owed by the deceased must be settled using the estate’s assets before any distribution to heirs occurs. According to Missouri law, the executor is required to prioritize these payments in a specific order, beginning with funeral expenses and administrative costs.
After settling all debts and taxes, the remaining assets are distributed to the heirs according to the will. If there is no will, distribution follows Missouri’s intestacy laws. The executor submits a final accounting to the court, detailing how the assets were managed, and then closes the estate.

At Martin & Birdsong, Attorneys at Law, we guide executors through these steps, ensuring they understand their responsibilities and feel supported.

Common Challenges in Probate Administration

While probate can be a straightforward process, certain situations can complicate things. Here are some common challenges families may face during probate administration:

Contested Wills – Heirs or beneficiaries may sometimes dispute the validity of a will, leading to legal proceedings that can delay probate and increase costs. Collaborating with an experienced attorney can help manage these disputes effectively.
Debts and Insolvency – When an estate’s debts surpass its assets, it may be deemed insolvent. In such cases, Missouri law outlines a specific order for repaying creditors, which can perplex executors.
Complex Assets – Managing estates with unique assets like businesses, investments, or real estate can feel overwhelming. A knowledgeable attorney guides the executor, ensuring everything runs smoothly and keeping complications at bay.
Out-of-State Property – If the deceased owned property in another state, additional probate proceedings may be necessary. This is called “ancillary probate” and can add another layer of complexity.

Martin & Birdsong, Attorneys at Law, has the knowledge and resources to guide families through these challenges as smoothly as possible.

How to Avoid Probate

While probate has benefits, many families avoid it to save time, reduce costs, and simplify asset transfer. Here are several strategies to structure an estate plan that avoids probate:

Revocable Living Trust – Using a revocable living trust allows assets to pass directly to beneficiaries without going through probate. The term “revocable” indicates that the trust can be modified or canceled at any time.
Joint Ownership – Assets owned jointly, such as jointly owned real estate or bank accounts, automatically pass to the surviving owner without going through probate.
Beneficiary Designations – Certain assets, like retirement accounts and life insurance policies, allow you to name beneficiaries. These assets go directly to the named beneficiaries upon your death.
Transfer-on-Death (TOD) Designations – Missouri allows TOD designations for real estate and financial accounts, enabling them to pass to a designated person without probate.

We understand that avoiding probate can bring you and your loved ones immense peace of mind, creating a seamless transition when needed most. At Martin & Birdsong, Attorneys at Law, we’re excited to help families in the Lake of the Ozarks and Columbia, Missouri regions discover personalized probate-avoidance strategies that fit their unique situations.

Why Choose Martin & Birdsong, Attorneys at Law, for Probate Administration?

Probate administration can be overwhelming, especially when dealing with the loss of a loved one. At Martin & Birdsong, Attorneys at Law, we support families near the Lake of the Ozarks and Columbia, Missouri, with compassionate, clear, and practical guidance throughout the process. Our extensive knowledge of Missouri probate laws enables us to provide detailed, easy-to-understand advice tailored to each family’s unique needs.

We prioritize transparent communication, answering all your questions and explaining each option in simple terms. When you choose Martin & Birdsong, Attorneys at Law, you select a committed partner focused on easing the probate process, helping you feel informed and confident. We aim to make probate administration as manageable as possible, ensuring that your loved one’s wishes are honored while reducing stress for your family. By customizing our approach to align with your specific goals and values, we help protect what matters most to you.

Contact a Lake of the Ozarks Attorney Today

If you’re facing the prospect of probate administration, trust Martin & Birdsong, Attorneys at Law, for the legal guidance and support you need and deserve. We’re here to answer your questions, clarify the process, and guide you through every step. We know handling a loved one’s estate is a deeply personal responsibility, and we’re here to make it more manageable.

Let us help you protect what matters most and find peace of mind and closure through this process. Contact us today to set up a free consultation to discuss your circumstances.

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