Legal Question in Disability Law in Missouri

My father sister died 3 months ago and we need him to be over her estate so we need a executive estate form.


Asked on 2/03/11, 8:08 pm

1 Answer from Attorneys

Anthony Smith LawSmith

If I understand you correctly, your aunt passed away and your father wishes to be the personal representative of her probate estate. I am sorry to hear about yrou sunt;s passing. My condolences. I do nto know what the Executive estate form is.

The process in Missouri is that before the one year anniversary of someon's passing an application of letters may be filed with the probate court of the county in which the decedent was domiciled (usually where they lived) The type of estate (testate or intestate) depends upon whether there is will being submitted along with the application.

As part of the application, the person applying for the letters (opening of an estate) must tell what relatives teh decedent had, and their best esstimation of th eamount of property the decedent owned. Unless all the potential heirs waive it, the court will likely make the qapllicant provide abond for the assets of the estate. This is to cover losse ot heirs if the PR screws up or steals from the estate.

There are many other fine details of opening a probate estate in Missouri. If it sounds cxomplcated, you father shoudl meet personally with a probate attorney in his area, or the area where your aunt was domiciled. Many offer a free or low cost initial consultation.

If y aunt lived somewher other than Missouri, the process is different, and the explantion above may not be accurate.

Good luck

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Answered on 2/15/11, 10:27 am


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