Probate

Finding the Simplest Path Forward

Losing a loved one is difficult enough without the added weight of legal and financial responsibilities. Whether your family member had a comprehensive estate plan in place or no plan at all, there are steps that need to be taken to settle their affairs. At Heritage Law Partners, we help families navigate this process with clarity and efficiency, steering you toward the most appropriate path for your specific situation so you can focus on what matters most.

Understanding Probate in Missouri

Probate is the court-supervised process of settling a deceased person's estate, including validating a will if one exists, identifying and valuing assets, paying outstanding debts and taxes, and distributing what remains to the rightful beneficiaries. Not every estate goes through the same process. Missouri law provides several options depending on the size and complexity of the estate.

Small estates valued under $40,000 in personal property may qualify for a small estate affidavit, which allows assets to be transferred without opening a formal probate case. This is the fastest and least expensive option when it applies.

Independent administration is available when the will authorizes it or all heirs consent. Under independent administration, the personal representative can manage most of the estate's affairs without ongoing court approval, significantly reducing the time, paperwork, and cost involved.

Full supervised administration is the default process when independent administration is not available. The court oversees each major step, from approving the personal representative's actions to authorizing distributions. This process takes a minimum of six months in Missouri and often longer for complex estates.

Trust administration applies when the deceased had a funded revocable living trust. Assets held in the trust bypass probate entirely and can be distributed according to the trust's terms without court involvement. This is typically the most efficient path for families, though a small probate may still be needed for assets that were not properly transferred to the trust during the person's lifetime.

What to Expect When You Work With Us

Every estate is different, but our approach stays the same: identify the most efficient tool for the situation at hand and move through the process with minimal cost and delay. We start by understanding what your loved one left behind, what planning documents exist, and which type of administration applies. From there, we handle the legal work so your family isn't left guessing.

Throughout the process, we keep you informed with clear communication about what's happening, what comes next, and what decisions need your input. Families deserve to understand every step rather than simply be told to wait.

When There Was No Estate Plan

If your loved one passed away without a will or trust, Missouri's intestacy laws will determine how their assets are distributed. This default process does not always align with what the family expected or what your loved one would have wanted. We help families understand what the law requires, identify the most efficient path forward, and minimize cost and delay wherever possible.

Planning Ahead to Simplify the Process for Your Family

If you are reading this page and thinking about your own family's future, the single most effective thing you can do is to have a solid estate plan in place now. A well-crafted plan can reduce or eliminate the need for probate, prevent disputes, and save your family significant time and money. Visit our estate planning page to learn more about how proactive planning protects your family.