10 Steps of the Probate Process?
Автор: St Louis Family Resources
Загружено: 2023-02-03
Просмотров: 60
What is The Probate Process in St Louis?
Typically, the County Probate Court is responsible for administering and overseeing the probate process. Following are 10 basic steps of the probate process.
Step 1: Will Authentication
The Will requires “authentication” to verify it's legitimacy once a person passes away. The Will must be filed with the probate court where the deceased person died to be “authenticated”.
Step 2: Personal Representative is Appointed
The Personal Representative is determined by the presence or lack of a will. If the decedent died “testate”, meaning with a Will, the Will directs the appointment of the Personal Representative. If the decedent died “intestate”, no Will, then the court will appoint an Administrator.
Step 3: Post Bond
Upon appointment of the Personal Representative, a probate bond must be posted to insure that the Personal Representative fulfills the duties of the Will and complies with state laws,.
Step 4: Letter of Administration
The Personal Representative will receive the Letters Testamentary (testate) or Letters of Administration (intestate) from the court giving him or her official authority to handle the estate.
Step 5: Locate and Protect Assets
The Personal Representative locates and protects all of the assets. During this step all assets are placed in exclusive control of the Personal Representative. This includes real estate, bank accounts, investment portfolios, vehicles, collectables, artwork, etc.
Step 6: Appraisal of Assets
The Personal Representative is responsible for getting all the assets appraised and then filing an inventory with the court.
Step 7: Creditor Notification
The Personal Representative notifies any and all creditors who are given a 6 month time frame to make a claim on the estate.
Step 8: Payment of Debts
The Personal Representative can liquidate certain assets to pay off any and all of the decedent’s debts. At this point any real estate that isn't bequeathed to a beneficiary can now be sold provided the court did not previously approve a request to sell.
Step 9: File Tax Return
The Personal Representative is responsible for filing the decedent’s personal income tax return for the year that the decedent died and pay any taxes owed from the estate.
Step 10: Remaining Assets Distributed
The Personal Representative then distributes any remaining assets including cash to the beneficiaries as stated in the Will.
Please feel free to contact me with any questions at (314) 926-1980 and visit our website at StLouisProbateServices.com for tons of probate resources. We look forward to helping you.
Thanks for joining us today. Terry Peterson is a licensed real estate broker/associate in Missouri with MORE REALTORS. Terry is not an attorney or providing legal advice in this video. We recommend that all Personal Representatives and other parties to a real estate transaction consult with legal and tax counsel before signing documents. Thanks again for watching and we look forward to helping you at StLouisProbateServices.com.
https://www.stlouisprobateservices.com
https://www.stlouisfamilyresources.com
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