Legal Question in Wills and Trusts in Missouri
Is it necessary to go through probate in the state of Missouri if there is a will and the estate is less than $50,000?
Asked on 4/02/11, 4:30 pm
1 Answer from Attorneys
Anthony Smith
LawSmith
A will is just a piece of paper until the probate court says it is the will of the decedent. If the estate is small, then the family members can wait a year after the decedent dies to do a Motion to determination Heirship. Until then, only the surviving spouse would have the right to take controal; or use the property that the decedent owned. Anyone else who uses the property without authority from the probate court is at risk of being liable to any heirs that lose value in what is owed to them.
Good luck
Answered on 4/04/11, 3:11 pm