Probate

Probate is the administrative process where an executor (referred to in Missouri as a “Personal Representative”) works with the court to handle the debts and distribute the assets in a loved one’s estate.

Unfortunately, probate is a bureaucratic and time-consuming process during an emotionally-charged time in our clients’ lives. TuckerAllen will work with you to make this process as fast and easy as possible, so that you can focus on the things that truly matter.

 Who acts as Personal Representative?

  • If there is a Will, it should nominate someone to act as Personal Representative.
  • If there is no Will, or the Personal Representatives nominated in the Will are deceased or refuse to serve, virtually anyone over 18 can nominate themselves to act as Personal Representative so long as no one else protests.

How do I know if I need to go through probate?

  • This depends upon how your loved one’s assets were held and what type of assets they were (car, bank account, retirement account). We recommend setting up an appointment with one of our attorneys to review the assets and determine if a probate case needs to be opened, and if so, what type.

What am I getting myself into?

  • Probate is a lengthy process, with lots of old rules and obscure terms, and lots of red tape. It is so complicated Missouri law almost always requires a personal representative to hire an attorney.
  • The personal representative must gather information on the assets and debts of the deceased and personal information about their loved ones, oversee the payment of debts and taxes, sell property, distribute money and personal property to the beneficiaries, and make frequent reports to the court.
  • Depending upon the situation, you may or may not be required to post a bond (i.e. insurance that you won’t steal from the estate), report to the court for permission for every action that you take, and report every dollar that comes in and out of the estate.

How Long does Probate Last?

  • This depends upon the type of probate case opened, the number and type of assets, and how cooperative the beneficiaries are.
  • It could take between 2 months and one year to administer a probate estate, assuming that there are no problems.

How Much Does It Cost?

  • For small estates we charge a flat rate fee of $2,000.
  • For petitions for determination of heirship, we charge a flat rate fee of $3,000.
  • For full probate estates, Missouri law has a set fee schedule for personal representatives and attorneys in certain types of probate cases which changes based upon the size of the estate’s assets. A personal representative may (but is not required) to waive his or her fee, which is common if it is a relative. This fee could be increased if there are special circumstances, such as extensive assets or litigation.

Why should I choose TuckerAllen?

  • We specialize in probate. This means we can make your experience with probate as predictable, fast, and efficient as possible.
  • We offer flat rate fees depending upon the type of probate case.
  • We have a network of estate buyers, appraisers, real estate agents, CPAs, and other types of professionals waiting to make your duties a little bit easier.

The passing of a loved one is a confusing and stressful time and handling a probate estate on top of this is often overwhelming for clients. Let our experienced attorneys help you navigate through this complex process.

Roger from St. Louis, MO

Ongoing professional, timely, friendly, caring service by all staff members – also affordable.

Roger

St. Louis, MO

TuckerAllen Estate Planning Attorneys
2017-06-13T09:27:33-05:00

Roger

St. Louis, MO

Ongoing professional, timely, friendly, caring service by all staff members – also affordable.
0
TuckerAllen Estate Planning Attorneys

Janet from St. Louis, MO

Your firm presented information clearly. I felt that you truly had the best interests of my mother in mind. You offered resources other than legal so that my mother would be provided with the best possible care.

Janet 

St. Louis, MO

TuckerAllen Estate Planning Attorneys
2017-06-13T09:28:25-05:00

Janet 

St. Louis, MO

Your firm presented information clearly. I felt that you truly had the best interests of my mother in mind. You offered resources other than legal so that my mother would be provided with the best possible care.
0
TuckerAllen Estate Planning Attorneys

Barb A. from St. Louis, MO

Words cannot explain our overall satisfaction – Great! You are professional, competent and caring.

Barb

St. Louis, MO

TuckerAllen Estate Planning Attorneys
2017-06-13T09:26:35-05:00

Barb

St. Louis, MO

Words cannot explain our overall satisfaction – Great! You are professional, competent and caring.
0
TuckerAllen Estate Planning Attorneys

Title Address Description
Kirkwood
Big Bend @ Kirkwood WB, Kirkwood, MO 63122, USA

1001 S. Kirkwood Rd. Suite 130
Kirkwood, MO 63122

(314) 375-2306

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Independence
4200 S Little Blue Pkwy, Independence, MO 64057, USA

4200 Little Blue Parkway
Independence, MO 64057

(816) 905-0000

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St. Charles
3050 W Clay St, St Charles, MO 63301, USA

3050 W. Clay St.
St. Charles, MO 63301

(866) 335-3375

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Edwardsville
105 W Vandalia St, Edwardsville, IL 62025, USA

105 W. Vandalia St.
Edwardsville, IL 62025

(618) 619-6000

By Appointment Only

Overland Park
Lighton Tower, 7500 College Blvd, Overland Park, KS 66210, USA

Lighton Tower, 7500 College Blvd.
Overland Park, KS 66210

(866) 335-3375

By Appointment Only

Chesterfield
13500 S Outer Forty Rd, Town and Country, MO 63017, USA

600 Kellwood Parkway, Suite 300
Chesterfield, MO 63017

(314) 888-0088

By Appointment Only