Legal Question in Real Estate Law in Missouri

Re: No Will at time of Death

If you are talking about real property it is quite likely that an estate will need to be opened in the Probate Court in the County where the property is located. If the property is worth under $40,000 it may be possible to handle everything in the simplest possible manner, but it still must be done through the Probate Court. In most cases where there is no Will the statute on intestacy governs. Usually the property is sold and after payment of taxes, expenses, costs, and fees, the proceeds are divided equally between surviving children of the decedent or if there are none then surviving parents of the decedent or if theere are none of either class then the statute explains who takes as heirs and the list goes on until some relative is found who stands to inherit under the statute. In any event, I tink that you should consult with an experienced attorney in your area to get specific advice about your specific situation. Good luck!

Re: No Will at time of Death

When someone dies without a valid will, they are said to have died intestate. Intestacy laws say that one's surving spouse gets their estate. If the person had no spouse at death, than it goes to their children. if no children, to their surving parent(s. If no parents then to their siblings (and/or the suviving offspring of any predeceasing siblings.

If the decedent had a spouse, but children from someone other than that spouse, then the estate is divided between the spouse and the children.

There are many different types of non-probate tansfers. You described one, where a person make abeneficiary deed of realy. Each state has rules about what must occur for a beneficary deed to successfully pass property without having to go through the probate court. Be careful, have an attorney check out the deed, before assuming that property will pass this way. Many people mess this up, lose the property or owe huge tax debts.

Good Luck