Legal Question in Wills and Trusts in Missouri

Filing Will

A will has been drawn up by an attorney.

The person is now deceased.

What is procedure for filing will with court when value

of estate is less than 40,000 and does not have to go through probate? Does an attorney have to do this?


Asked on 10/17/02, 12:54 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Filing Will

It is possible to Petittion the Court for a small estate Pro Bono (without an attorney) However, you are usually better off hiring an attorney to assist with the filing. It can make the process smoother, and help catch problems that might occur later.

If you are certain about the value of the estate, the clerk of the probate copurt can assist you filing with the forms. You said that there was a will. If your are incorrect about the size of the estate, and your dispersal of the property is contrary to what the will says, depending upon your relationship to the decedent, you could forfeit any property you might have gotten, and be required to pay for other property out of your own money. BE CAREFUL.

Tony Smith

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Answered on 10/17/02, 11:00 am


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