Probate is defined as the procedure by which an Executor or Personal Administrator proceeds to admit a Will to the jurisdiction of the court. This procedure is designed to determine the “validity” of the will, and if valid, to distribute the deceased’s property in accordance with the terms of the Will. The term "probate" generally includes all matters relating to the administration of estates.
Probate requires an intrusion by the court, lawyers, and the public into a very private, family, and emotional time. A judge will determine who is the guardian of any minor children, who is a legitimate creditor, and will rule on the distributions to children and other beneficiaries. The estate will most definitely experience significant legal costs associated with the proceeding.
In addition, an individual’s family and financial affairs will become public knowledge. In Missouri, all proceedings in the probate court are a matter of public record. In addition, the opening of a probate case requires a notice to be published in a local newspaper. The contents of an individual’s Will is on file with the courthouse, and is accessible to the public, providing easy access and reading to courthouse staff, newspaper reporters and anyone else who is interested.
In large estates that require an accounting, the probate file will contain a complete list of all assets that are to be distributed by the Will, including business assets. The court requires the Executor to give notice of the filing of the Will to all relatives, even those who may have been disinherited, and gives these individuals time to contest the Will. In addition, the probate of an estate may take several months to several years to complete. During that time, family members may have to apply to the court for a partial distribution to gain access to their portion of the estate.
If real property is owned in more than one state, then a probate proceeding must be opened in each such state. This may require hiring an attorney in each state where real property is located to ensure that the proper probate procedures for that state are being followed.
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Jennifer A. Coke, Attorney at Law, at The Coke Law Firm in St. Louis, MO, serves clients throughout St. Louis City and St. Louis County including Tower Grove, the Central West End, the Loop, and cities of Chesterfield, Creve Coeur, West Port, Ballwin, Kirkwood, Shrewsbury, Glendale, Clayton, Brentwood, University City, Sunset Hills, Webster Groves, Town & Country and many other local municipalities in Missouri.
The Coke Law Firm
Jennifer A. Coke, Attorney at Law
