Compassionate Guidance After the Loss of a Loved One
Losing a loved one is never easy, and managing their final affairs can feel overwhelming. At Riley Brazas, we provide compassionate, practical assistance to families throughout Missouri as they navigate the estate administration process. Our experienced probate attorneys help ensure every step is handled correctly—from identifying assets and debts to distributing property in accordance with the law and your loved one’s wishes.
Probate is the legal process for settling an estate, paying debts and taxes, and transferring ownership of assets. Not every estate in Missouri must go through probate, and our attorneys can help you determine the most efficient path forward.
When Probate May Not Be Required
Avoiding the necessity of a probate administration is advisable, but that usually requires that individuals take actions before they pass away. If you are addressing issues regarding a loved one’s passing, their estate may qualify for simplified administration or avoid probate entirely.
Probate may not be necessary if:
- If an individual’s assets are owned by a revocable trust
- Real estate is titled as joint tenants with right of survivorship or tenancy by the entirety
- Bank accounts include transfer-on-death (TOD) or payable-on-death (POD) designations
- Other assets have named beneficiaries, such as life insurance, retirement accounts, or jointly titled vehicles
If there are assets just in the decedent’s name, probate is generally required for those assets, but if the total value of those assets (reduced by the amount of certain debts or expenses) is less than $40,000, then you can proceed with a simplified, faster probate administration as a small estate.
You should first evaluate whether your loved one’s assets can be distributed without a probate administration but, if full administration is required, you should commence the process (that takes about 7 months before assets are inherited) as soon as possible, try to avoid paying a statutory minimum fee, and have your loved one’s estate handled as quickly and efficiently as possible. Our attorneys have decades of experience in estate administration, and Jacque Brazas was recently asked to provide continuing legal education for lawyers by the National Business Institute regarding effective estate administration and her lecture can be found here.
Even if your loved one had a trust or non-probate beneficiary designations (which we usually establish for clients if we have the opportunity) you still may have questions about estate taxes, capital gains, or other issues. The attorneys at Riley Brazas will help with trust administration and distribution of assets.
In the unfortunate event of a dispute between heirs, our attorneys have experience with will contests, trust contests, determination of heirship proceedings, mediation, and arbitration. We can assist in carrying out your loved one’s wishes and enforcing properly drafted wills and trusts. Some notable appellate victories regarding probate and estate litigation can be found here.