Legal Question in Wills and Trusts in Missouri

out of state heir

Is Missouri an universal probate state? Recieved notice of hearing for letters of adminstration for estate. Case.net indicates that there was a will. Why would there be letters of adminstration instead of testamentary?


Asked on 2/03/05, 8:55 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: out of state heir

No- Missouri does not have the exact same probate laws as any other state, and it is not a "Uniform" Probate Code State, although some of the regs are similar to the Uniform Code and other states.

Letters of Administration is the general term for opening an estate. They can be either Testate or Intestate, Supervised or Unsupervised.

In nearly ever situation I have known of, it is better to get advice about a Missouri Estate from a Missouri Attorney rather than an out of state attorney interpreting Missouri law. The local rules and customs play nearly as much into determing the best course of action, as do the statutes and Administrative regulations. Very few probate cases get to appeallate court, so someone just reading the appeallate decisions and statutes could give impractical advice.

Keep in mind, that you have a short period in which to act, if you have an interest in the estate for which you got Notice. Many people hesitate and lose, by not acting in time.

Good Luck

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Answered on 2/03/05, 8:41 pm


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