Probate Estates (Decedents and Guardianships)

Among its many duties, the Probate division of the Circuit Court in your county is responsible primarily for three areas of law:

• First, the Probate Court supervises the administration of a deceased individual's Last Will and Testament
   
• Second, the Probate Court supervises the administration of the property belonging to persons who are disabled, incapacitated, or under the age of 18 (Conservatorships)
   
• Third, the Probate Court supervises the Guardianship (care and custody) of persons who are unable to care for themselves either because they are disabled or are under the age of 18

Probate matters sometimes involve Litigation, but not always. The process of opening and administering an estate is complicated, and anytime a person has any matter in front of the Probate Court, they are well advised to hire attorneys who are experienced in probate matters.

Often, if there is litigation in the Probate Court, it will either involve a dispute over a will ("Will Contest"), recovery of property that someone has wrongfully taken from a decedent, or may also involve disputes with creditors who make claims for money, including the State of Missouri. The probate process involves taking inventory of the Decedent's assets, getting appraisals of the property, paying all debts, and eventually distributing the remaining assets and property. This process can be costly and time consuming. Sometimes it is necessary for an estate to be open for more than a year. An accounting of all income and expenses must be filed with the court and approved before the estate is closed. The probate court will normally supervise the administration of the estate, but many states, including Missouri, provide for unsupervised administration if requested in the Will by the decedent, or provide for simplified administration of estates that contain assets of a value less than a specified amount.

A well drafted Estate Plan as discussed above may help you and your family avoid many of the problems that are associated with the Probate process.