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Missouri Creditors Refusals in Probate Court

A Missouri Creditor’s Refusal is a procedure that may be used where there is less than $15,000 in assets titled in the name of the decedent, and a creditor can prove that money is owed to them, but that no one has yet opened any sort of estate to claim the money or other assets.  Interestingly it is most commonly used by family members who have paid bills on behalf of the decedent, such as a funeral bill, and who are seeking a simple, fast way to get to the property or money in question.  This may involve money in the bank, a vehicle, or literally any other asset.  The application is filed by completing a form provided by the Court and paying the filing fee, normally $65.00.  Provided all is in order, the Probate Court issues its order, and the person filing can then access the money or property.

A surviving spouse may normally use a similar procedure known as a Spouse’s Refusal.

If you need more information you may review the law that provides for this procedure, or contact us.

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