Legal Question in Wills and Trusts in Missouri

Re: Length of time for probate

depends on amount in estate, small estate can go through in a few months , larger estate 1-2 years.

Fees are either based on amount of estate or hrly rate of attorney. Call for help

314 725-8000

GSK

Re: Length of time for probate

I extend my condolences for your loss. It is a shame that you must now deal with handling the added stress of probate.

If you are not already represented by legal counsel, I strongly suggest that you consult with an attorney in your area who is experienced in handling probate matters. If you are represented, please ask your attorney to explain everything to you as you go through the process.

Generally speaking, only the assets owned by your husband in his name alone at the time of his death will be included in his probate estate. Since most husbands and wives own most of their assets jointly I hope that most of your assets were so owned and that only a modest amount of assets will need to be probated. The law provides several different types of probate depending upon the amount of assets, identity of heirs, and other factors. Also, as you may know, your husband's creditors will have a claims period within which they may file claims with the Court. Sometimes there are no such claims, but sometimes there are claims which need to be paid, settled or even litigated. Also, in some cases there are competing claims against the probate assets made by different heirs, relatives, ex-spouses, and so forth. Sometimes a decedent has business interests or other assets which must be liquidated before a final distribution can be made and the probate file closed. There are many many factors which come into play in any given situation, and it is simply not possible to provide good answers to your questions in a forum such as this.

If you are not already represented by legal counsel and you feel that I may be able to be of service, please call me for a free telephone consultation at 314-727-2822. In any event, I wish you the best of luck.