Probate

Different Types of Probate

There are different types of probate proceedings in Missouri. First, probate may be supervised or unsupervised. In supervised administration the personal representative must seek court approval for many actions, and file annual settlements for the probate court to review and audit.  Independent administration is not monitored as closely and does not require annual settlements. For the court to grant independent administration, the will must designate this or all the distributees agree.

Second, small estates are treated differently.  If the estate is valued less than $40,000, the full probate process is not required. The Court may grant a small estate certificate 30 days after the decedent’s death if a distributee (affiant) files an affidavit promising to use the decedent’s assets to pay debts and distribute the property according to law.  Unless the estate is valued at less than $15,000, the affiant must also publish notice to creditors.

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