• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
  • Services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veterans Benefits
  • Seminars
  • Areas We Serve
    • Ballwin
    • Chesterfield
    • Clayton
    • Creve Couer
    • Des Peres
    • Edwardsville
    • Fenton
    • Glen Carbon
    • Glendale
    • Kirkwood
    • Maryland Heights
    • Oakland
    • Sappington
    • St. Louis
    • Sunset Hills
    • Valley Park
    • Webster Groves
  • Resources
    • Asset Protection Worksheet
    • Elder Law Resources
      • Chesterfield Elder Law
      • Fenton Elder Law
      • Kirkwood Elder Law
      • Sunset Hills Elder Law
      • St. Louis Elder Law
      • St. Peters Elder Law
      • Webster Groves Elder Law
    • FREE Estate Planning Seminars
    • FREE Estate Planning Worksheet
    • Frequently Asked Questions
      • Estate Planning
      • Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Trust Administration & Probate
    • Is Your Estate Plan Outdated?
    • Medicaid Resources
    • Multimedia
    • Newsletters
    • Presentations
    • Pre Consultation Form
    • Probate Checklist
    • Probate Resources
    • Retirement Planning Checklist
    • Special Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning For Niches
      • Trust Administration
  • Reviews
    • Our Reviews
    • Review Us
  • Blog
  • Contact Us

Amen, Gantner & Capriano | Your Estate Matters, L.L.C.

St. Louis Estate Planning & Elder Law Attorneys

Logo
CONNECT WITH US TODAY (314) 966-8077
ATTEND A FREE WEBINAR
Home / Estate Planning / Probate in St Louis Missouri: Is It Always Required?

Probate in St Louis Missouri: Is It Always Required?

January 18, 2014

Estate Planning Tagged With: alternatives to probate, probate, probate in st louis missouri

probate in st louis missouriWhen someone dies the assets owned by the deceased must be accounted for and transferred to the intended beneficiary or heir of the estate. Probate is the legal process by which these goals are accomplished. Formal probate can be a time consuming and costly process. The good news is that formal probate is not always required in Missouri.

Upon the death of an individual the law requires that the deceased’s property be accounted for before it can be passed down to heirs or beneficiaries. To ensure that this is done properly the law requires most estates to pass through probate. During probate in St Louis Missouri, all of the decedent’s assets must be located, valued, and inventoried. In addition, all creditors of the estate must be given the opportunity to file claims against the estate and all taxes of the decedent and the estate must be paid. Depending on the size and complexity of the estate, formal probate can easily take over a year to complete. Missouri does offer alternatives to formal probate for estates with minimal assets; however, unless an estate qualifies for a small estate alternative the beneficiaries of the estate will have to wait out the probate process before any assets are transferred to them.

Because of the time and expense involved in formal probate, probate avoidance is a popular estate planning objective. While it may not be possible for your estate to completely avoid probate it is typically possible to remove the majority of an estate’s assets from the probate process with careful estate planning. The reason this is possible is that not all assets are required to go through probate. Some common probate avoidance tools and techniques include:

  • Trusts – assets transferred into the right type of trust are no longer legally owned by the decedent and, therefore, are not included in the probate of the estate.
  • Life Insurance – proceeds from a life insurance policy are not included in the probate of an estate.
  • Joint tenancy – when property is properly jointly titled the decedent’s interest in the property will transfer automatically to the co-owner without it having to go through probate.
  • POD/TOD accounts – certain types of financial accounts and securities can be titled as “payable on death” or “transfer on death” which allows the assets held in the account to automatically transfer to a designated beneficiary upon the death of the account owner.

By utilizing available estate planning tools and strategies such as these you can create an estate that spends minimal time in probate upon your death.

To learn more, please download our free Missouri probate process report here.

 

  • Author
  • Recent Posts
Paul Gantner
Paul Gantner
I am an owner of Amen, Gantner & Capriano, Your Estate Matters, L.L.C. I have been able to bring my business and legal education and experience into a firm that has for many years provided comprehensive estate plans that meet clients’ needs and expectations.My passion has been creating and constantly pushing AGC’s mission of “Helping Families Secure their Legacies by Embracing them into the Law Firm Family through Long-term, Personal Advisory Relationships.”
Paul Gantner
Latest posts by Paul Gantner (see all)
  • Lessons from Patagonia - January 5, 2023
  • Planning for the “Silver Tsunami” - December 29, 2022
  • More than Just Salad Dressing: The Ongoing Saga of Newman’s Own Foundation - December 22, 2022

Filed Under: Estate Planning Tagged With: alternatives to probate, probate, probate in st louis missouri

Other Articles You May Find Useful

Now That Mid-Terms Are Over, Let’s Talk Taxes
Refresh and Reset: Syncing up in San Diego
Planning for the “Silver Tsunami”
More than Just Salad Dressing: The Ongoing Saga of Newman’s Own Foundation
Understanding Undue Influence – Part II
Understanding Undue Influence – Part I

About Paul Gantner

I am an owner of Amen, Gantner & Capriano, Your Estate Matters, L.L.C. I have been able to bring my business and legal education and experience into a firm that has for many years provided comprehensive estate plans that meet clients’ needs and expectations. My passion has been creating and constantly pushing AGC’s mission of “Helping Families Secure their Legacies by Embracing them into the Law Firm Family through Long-term, Personal Advisory Relationships.”

Primary Sidebar

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • twitter
  • linkedin
  • youtube

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

Where We Are

Amen, Gantner & Capriano
10733 Sunset Office Drive, Suite 425
St. Louis, MO 63127

See Larger MapGet directions

Office Hours

Monday8:30 AM - 5:00 PM
Tuesday8:30 AM - 5:00 PM
Wednesday8:30 AM - 5:00 PM
Thursday8:30 AM - 5:00 PM
Friday8:30 AM - 12:00 PM

Map

map for Amen, Gantner & Capriano Your Estate Matters office
  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Footer

Connect to us

  • Facebook
  • twitter
  • linkedin
  • youtube
footer-logo

© 2023 American Academy of Estate Planning Attorneys, Inc.

Amen, Gantner & Capriano,
Your Estate Matters, LLC

Attorney Advertisement