Probate in Missouri
Discover the crucial steps to protect your loved ones from the time and expense of probate. Ensure orphaned minors and incapacitated adults are cared for by trusted guardians. Understand who is responsible for funeral expenses and outstanding bills after a loved one dies.
What is Probate?
When someone dies, becomes incapacitated, or is an orphaned minor, it may be necessary for their estate to be managed, settled, and distributed by the probate court. This process is governed by state law and is called probate.
Probate assets generally consist of any property that you own individually at the time of your death and that passes to your beneficiaries according to the terms of your Will (if you have one) or intestacy (if you don’t). Nonprobate assets include all property that passes to a joint owner, named beneficiary or according to the terms of your trust and therefore do not have to go through probate.
Minor guardianship refers to naming a surrogate parent for your minor children in the event that you and the other parent are unable to care for them. Adult guardianship refers to the court process that protects you if you are unable to personally care for yourself. Adult conservatorship refers to the court process that protects your property if you are unable to care for your possessions.
You are said to have died intestate if you die without a valid will. State law governs the property distribution of someone who dies intestate. The laws are designed to transfer legal ownership of property you own or control to the people the state considers your heirs. These laws also control how these individuals are to receive this property and when the property is distributed.
There are a number of drawbacks to probating your estate. The process averages nine months to a year to complete but may take up to two years or more, tying up assets that your family may need immediately. The cost of probate may be as high as 5% of the estate’s value. Everything filed in the probate court (the value of your estate, your heirs' names, and what they receive) is public information.
What is the Probate Process?
State laws govern the administration and distribution of the probate estate. Probate is designed to transfer legal ownership of property you own or control to the people the state considers your heirs. Probate also controls how your heirs are to receive your property and when your property is distributed.
If you die without a plan, the state will divide up your property among your heirs. Heirs are defined as your legal spouse and specific relatives in your family. The state considers these people to be your loved ones, whether you actually loved them or not.
State laws determine the order in which your heirs will receive your property, the percentage that each will receive, and in what form they will receive it, whether in cash, property, lump sum, annuity, or other form. If the state can find no heirs, it could claim the property for itself (the property escheats to the state).
If you do not have a Will that includes a provision for the care and custody of your minor children, the court will name a guardian for you. If there are no volunteers, the state will be the guardian, and the state public administrator will be the conservator.
In your Will, you can name both a guardian (as to care and custody) and conservator (for handing the financial affairs) of your minor children; these can be different people or the same person. The court has final approval, but state laws generally require the court to give your nomination the highest regard.
While assets in your individual name only will pass through the probate process, other assets may not; it depends on the type of asset or how an asset is titled. For example, many married couples own their residence jointly. Joint property bypasses probate entirely and passes by “operation of law.” That is, at death, the property passes directly to the joint owner without going through probate.
Other assets that may bypass probate include investment and bank accounts set up to pass automatically to a named person at death (payable on death), life insurance policies with a named beneficiary (someone other than your estate), retirement plans with a named beneficiary, and property owned jointly with rights of survivorship.
If you die without a Will, the court will appoint a personal representative to settle your estate. If there are no volunteers, the state public administrator will be the personal representative. The personal representative collects and inventories your assets and must pay all debts, expenses, and taxes that you owed upon your death or that are incurred during probate.
Your debts include personal loans, credit cards, medical, hospital and nursing home expenses, and other bills. Expenses are typically made up of funeral expenses, court fees, attorney and personal representative fees, appraisal fees, and other charges incurred after your death. Taxes include death taxes (federal and state) on your estate, income taxes (federal and state) for you and your estate, and state and local personal and real property taxes on your assets.
Richard A. Russell
Attorney-CPA
If you are like most people, you want a plan to make sure your loved ones are taken care of and your affairs are in order but you have put it off for a long time.
And it feels like you are carrying the weight of the world on your shoulders when you think about all the decisions to be made.
I walk you through the process one step at a time, teach you what you need to know, make sure you understand the ins and outs of your plan, and give you the support and tools you need.
Richard A. Russell
Attorney-CPA
If you are like most people, you want a plan to make sure your loved ones are taken care of and your affairs are in order but you have put it off for a long time.
And it feels like you are carrying the weight of the world on your shoulders when you think about all the decisions to be made.
I walk you through the process one step at a time, teach you what you need to know, make sure you understand the ins and outs of your plan, and give you the support and tools you need.
HAVE QUESTIONS BUT DON'T KNOW WHERE TO START?
Book a No-Charge Consultation
Take the first step toward protecting your future.
Schedule a free, no-obligation call with Richard today and get your questions answered.
The Probate
Process
The Probate Process
services
Solutions for Missouri Families and Businesses
Trust Planning
Do you want to avoid the time, expense and publicity of probate
Do you want to protect your inheritance for your beneficiaries
Have you funded your trust so as to avoid probate at your death
Business Planning
Do you want to protect your personal assets from creditors of the business
Do you want to protect the business assets from your personal creditors
Does your business operate in one or more markets or have more than one brand
Estate Planning
Have you or a loved one recently moved to Missouri
Have there been recent changes to your family situation (kids, divorce, etc.)
Have you made a change in your job/career or retired
Protection Planning
Do you have the proper insurance coverages and amounts to shield your assets
Have you used Missouri statutory protections to safeguard your wealth
Are your business and personal assets
placed to maximize protection and minimize risk
Probate
Which assets and accounts do or don't have to be probated
Who is responsible for opening and administering the probate estate
Who pays the funeral expenses, credit cards and medical bills after death
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Take the first step toward peace of mind.
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Why Choose Us?
Personalized Attention
We don't believe in one-size-fits-all solutions. Every client works directly with Richard to receive customized legal guidance tailored to their unique needs and goals.
Local Expertise
Serving Southwest Missouri, Richard is a solo lawyer who understands the needs of local families and businesses. His advice is grounded in practical, local experience.
Clear Communication
Legal matters can feel overwhelming—Richard simplifies the process by explaining everything in plain language, so you can make informed decisions with confidence.
Caring Approach
Whether you’re planning for your family’s future or handling a loved one’s estate, Richard handles every matter with empathy, professionalism, and respect.
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Contact
Richard Russell Law
405 N Jefferson Ave #1024
Springfield, MO 65806-1110
Phone: (417) 233-1661
Toll Free: (877) 852-1187
Fax: (417) 413-2658
Hours
Mon - Fri 8:00 - 5:30
Saturday By Appointment
