Legal Question in Wills and Trusts in Missouri
My parents have a will and have designated two of their children as executors. Does their will have to go thru probate?
Asked on 12/27/11, 2:06 pm
1 Answer from Attorneys
Richard Herndon
Richard J. Herndon, Attorney at Law
The ONLY way a will ever has any legal effect is ALWAYS through probate. It matters not who the exexutor is. If they wish to ultimately avoid probate they should explore the use of a Living Trust, or other non-probate transfers, depending on a whole variety of factors which cannot effectively be explored in a short answer. You also mention "a" will. Do they both have wills, or only one of them, or is it a joint will? Depending on your answer this could also be problematic.
Answered on 12/27/11, 2:18 pm