Legal Question in Wills and Trusts in Missouri

Re: Is probate required

In Missouri, the surviving spouse is the default recipient of the decedent's assets, not otherwise passed by the probate court or by preplainning measures of the decedent. But, there are some exceptions. That does not mean that they automatically get the decedent's debts. Secured debt stays witht eh property. But, as to unsecured debt, such as credit cards, it becomes a debt of the decedent's estate. If the Probate Court is not involved, then there is no estate to collect from. The credit card company may be able to open an estate for the decedent, if the family and friedns don't. They only have about ayear to do this, but they could then see that they got paid, along with the other creditors of their and higher classifications, within the limitations of the assets, surviving spouses' elections and allowances. This is a somewhat technical area of law, that does not lend itself to simple answers to open questions like "Will everything go to the spouse if no probate estate, and what about the unsecured debt?"

If person dies, owning less than $15,000.00 of stuff, their spouse will probably not have to pay the decedent's unsecured debts from it, and may not need a Probate Court to assist in transferring assets of the decedent.

However, many surviuvng spouses wrongly assume that the decedent's credit card debt was not also their debt. Depending ont eh paperwork and how the card was used, the credit card company may try to come to the survivng spouse directly for payment of the debt from her assets.

If any of these things appear to be happening, or this explanantion seems confusing, then the survivng spouse would be wise to consult an attorney for further consultation.

Good Luck,

Tony Smith