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Probate law in St. Louis, United States is primarily state-driven, specifically under the Missouri Probate Code. Probate is the legal process by which a deceased person's assets are properly distributed to their heirs or beneficiaries. The process includes validating the will (if any), paying off debts, and distributing the remaining assets according to the will or state law if no will exists.
There are numerous reasons you may need a lawyer to aid with probate. If the estate is complex, or if there are disputes among beneficiaries, a lawyer can be instrumental in resolving these issues. Additionally, if the deceased person had substantial debt or high-net-worth assets, having legal assistance can ensure all financial obligations are settled appropriately and assets are fairly distributed. Lastly, if there's no will, a probate lawyer can guide you through the intestacy laws of Missouri.
In St Louis, if no will has been left, the local probate laws under the Missouri Probate Code come into play. For example, if a person dies without a surviving spouse but with children, the children inherit everything. If a person dies with spouse and kids, the spouse inherits the first $20,000 of the intangible property, plus 1/2 the balance, and the children receive everything else. The probate process is mandatory for estates worth more than $40,000. For estates worth less, a simplified small estate process can be used.
Probate proceedings can take anywhere from six months to a year, or longer for highly complex estates. Each case differs based on individual circumstances.
The cost can vary depending on the complexity and the size of the estate, including attorney fees, court fees, accounting fees, and other costs.
Yes, with adequate estate planning—such as establishing joint ownership, designating beneficiaries, or creating a living trust—probate can often be avoided.
Not all estates require probate. For instance, assets that are jointly owned or have designated beneficiaries do not require probate. Small estates in Missouri can use a simplified process.
No, if a person dies without a will (intestate), the Missouri Probate Code outlines the procedure for distributing the estate.
For more details about probate laws in St Louis, you can refer to the Missouri Probate Code. Local government websites for St Louis County, City of St Louis, and the St Louis Bar Association offer resources and can provide further guidance. The St Louis Legal Clinic provides free legal advice and representation in some cases.
If you require legal assistance with probate, consider contacting the Missouri Bar Association for a referral to a probate lawyer in St Louis. It is often helpful to have key documents gathered (like the will, death certificate, and an inventory of assets) for your initial consultation with a lawyer.
