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Category Archives: Probate Procedures

Missouri Probate Procedures

Missouri Probate – Consents and Waivers

Many probate administrations in Missouri involve families who generally get along, and are in agreement as to the settling of their loved one’s estate.  When this is the case the administration of the estate in many aspects can be expedited and costs reduced by the use of documents generally called a Consent or Waiver, depending on precisely what is happening.  For instance, in an Independently Administered Estate the final document filed is a Statement of Account.  If all the people receiving money or property from the estate sign the appropriate document is allows the estate to be closed about 30 days earlier than it would otherwise, and saves the expense of a final publication.

Similar forms can be used in other situations, such as when real estate is sold, or a transaction involving an heir is desired.

To be certain, this is not recommended in all situations.  If there are disgruntled heirs, or if it is desired that the Court “bless” and approve the administration of the estate, these should not be used.

Email us if you have more questions about the use of Consents and Waivers.

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What is a Statement of Account in a Missouri Probate Matter?

A Statement of Account is the Final Accounting submitted in an Independently Administered Missouri Probate Estate.  it contains Four sections.  The first simply summarizes the initial Inventory filed in the case – in other words, what the decedent left to be administered.  The second section is the “Settlement” – a detailing of all the financial… Continue Reading

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Spouses Refusals in Missouri Probate Court

A Missouri Spouse’s Refusal is a procedure whereby a surviving spouse may claim certain assets in a decedent’s name without the need for a full Probate Proceeding.  The surviving spouse may claim what is known as the One Year Support Allowance, and certain Exempt Property.  The One Year Support Allowance is not clearly defined, but… Continue Reading

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