Yes, that is unless the decedent took steps (while he or she was alive) to transfer title by non-probate means.

Non-probate means include putting the property in a living trust, setting up joint accounts or joint tenancies with rights of survivorship, creating transfer on death (TOD) or pay-on-death (POD) designations, gifts during lifetime and naming beneficiaries on insurance and retirement accounts.  If you are interested in exploring non-probate transfers, HELP offers estate planning services.

Probate usually takes 6 to 12 months.  During probate, the court appoints a personal representative to hold and manage the decedent’s property.  The personal representative will pay claims and expenses then distribute the estate, subject to the probate court’s approval.

The first step is to hire an attorney who practices probate law, such as Hannam law, to represent you. In general, this attorney will guide you with the following steps:

1. Asking the probate court to appoint a personal representative by Applying for Letters Testamentary if there is a will admitted or Applying for Letters of Administration if no will was admitted.
2. Publishing notice to creditors. After the date of first publication, creditors have 6 months to submit their claims to the court and the personal representative.
3. Conducting an inventory and appraising the decedent’s assets.
4. Administering the estate and selling property if funds are needed to pay bills.
5. Paying debts, properly submitted claims, taxes, and expenses.
6. Preparing a settlement statement which shows income and disbursements of the estate; and
7. Obtaining court approval for distribution
8. Distributing and closing the estate.

Yes.  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 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.

In Missouri, if no will was admitted, the surviving spouse is entitled to receive:

• ½ of the estate of an intestate decedent.
• If the decedent is survived by children and the spouse of the intestate is also a parent of those children, the spouse receives an additional $20,000.
• Exempt property such as the family Bible, books, clothing, household appliances, furniture, and one automobile.
• A support allowance for his or her maintenance (and that of the unmarried minor children) for a period of one year after the decedent’s death. The amount depends on the family’s previous standard of living.

If a will was admitted to probate, but the will gives the surviving spouse less than the above, the spouse may elect to “take against the will.”

Unless there was a contract such as a prenuptial or postnuptial agreement made before death, the decedent cannot completely disinherit a spouse under a will unless some form of contractual arrangement (e.g., prenuptial or postnuptial agreement) has been made before death.

Surviving spouses and the decedent’s minor children can file what are called “refusals of letters” to have their statutory allowances paid from a decedent’s estate if the estate is valued at a lesser amount than the allowances.

A probate estate must be opened within one year of the decedent’s death.  If a probate estate was not opened or a will presented to the probate court within the 1 year period, persons entitled to receive the decedent’s property may file a petition to determine heirship with the probate court.