Legal Question in Wills and Trusts in Missouri
Does a will have to go into probate for six months before assets are distributed? In the state of Missouri?
1 Answer from Attorneys
The probate estate must remain open in Missouri for at least 6 months from the date of first publication of notice of the opening of the estate in a local paper. Under certain circumstances pre-closing distributions may be made, but this is the exception, and not the rule. This is largely controlled by the Personal Representative and/or the Judge, depending upon the type of administration -- supervised or independent. I'd suggest you contact the attorney representing the estate if you believe a preliminary distribution is in order. If there is strong disagreement you may need to retain your own attorney, but it will likely be to no avail.
Normally we only suggest this if the beneficiaries all are very cooperative and financially stable, and agree to re-pay in the event an unexpected liability of the estate comes to light. That being said, if all beneficiaries are financially stable there is normally no desire for preliminary distributions.