Step 1: Determining Probate vs Non-Probate Property in Missouri
Автор: Dan Schnurbusch
Загружено: 2024-01-02
Просмотров: 145
The first step in a probate administration in Missouri is figuring out what property the deceased person left behind and what, if anything, must go through probate.
Property left in Missouri must go through probate if (1) it was left in the individual name of the deceased person and (2) did not pass automatically to anyone else by contract or by operation of law.
Property can pass by contract through things like beneficiary designations, transfer-on-death and payable-on-death designations, or if it is held in a trust.
Property can pass by operation of law to joint owners if the property is held as joint tenants with right of survivorship or tenancy by the entirety.
This process typically involves getting access to records about accounts to determine who owned them, obtaining original deeds to real estate, and more.
Once you know what property needs to go to probate, you can figure out whether any short-form probate procedures are available to you.
To get help from a lawyer, give us a call at (314) 246-0578.
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