St. Louis Probate Attorneys

What is Probate? Probate is the court-supervised process of transferring assets from a deceased person (the “Decedent”) to their heirs or beneficiaries. If the decedent had a will, the people who inherit under the will are called “beneficiaries.” If there is no will, the decedent’s closest living relatives, their “heirs,” are entitled to the property. The probate court is the court that handles these matters.

Is probate always necessary to transfer property at death? Generally, yes, probate is necessary to transfer property at death, but there are exceptions. Some property may not need to be probated if the decedent took steps during their lifetime to make sure the property automatically transferred at their death. This can include, for example, setting up a trust and funding it or naming a beneficiary of a life insurance policy or retirement account.

The Personal Representative (“PR”)is the person appointed by the court to be in charge of the decedent’s probate estate. This person is sometimes referred to as the “Executor” or administrator of the estate. The Personal Representative generally must hire a lawyer to help them with this process. The lawyer’s role is to open the estate with the probate court, help meet all deadlines and adhere to court procedures and state statutory requirements. The lawyer can also explain the process to family members, preventing disagreements and confusion over issues.

What if I die without a will? If you die without a will, you will be considered to have died “intestate.” Your assets still need to go through the probate process, but the state decides who gets your property, not you. The state has laws stating who is entitled to a decedent’s property when there is no will. If you have no close relatives, and no will, sometimes the state will get to keep your property. Dying without a will presents a complicated and often painful process for your relatives and friends. For this reason, it is very important to get a will.

What does probate cost? The probate process involves the payment of some expenses. Generally, these expenses are paid or reimbursed from the assets of the estate. They can include:

1. Bond Premiums – The PR may need to post a bond if there is no will or if the will does not waive the bond requirement;
2. Publication Costs – Notice in a legal newspaper must be given to potential creditors when an estate is opened, and when it is about to be closed;
3. Court Costs – These are fees that go to the court itself for its services and depend upon the size of the estate;
4. Legal Fees – The estate pays the attorney who is handling the estate;
5. Personal Representative Fees – The PR is entitled to fees for the time they spent administering your estate, and this amount is set by statute based upon the size of the estate.

Should probate be avoided? As you can see, there can be several costs involved in the probate process. For this reason, some people decide to avoid the probate process by taking steps during their lifetime to transfer their property in other ways. There are other reasons to avoid probate as well: if you have young children, if you wish your estate to be a private matter, or if you want some control over your assets even after your death. The main way to avoid probate is to set up a Revocable Living Trust. There are other ways as well, which we would be happy to discuss with you.

Help – my family member died and I am named as Personal Representative in the will. What do I do?

1. Get the original will or, if unavailable, get a copy of the will if there is one;
2. Get a copy of the death certificate of the deceased from the County where they died;
3. Start identifying and locating the assets of the deceased;
4. Contact an attorney with probate experience to guide you through the probate process.