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St. Louis Probate & Estate Administration Lawyer

After the passing of a loved one, we all experience significant emotional turmoil and need time to grieve and heal. Unfortunately, those appointed as a personal representative or administrator of an estate often find themselves at the center of family infighting at this emotional time. This can add to this stress and create situations that may leave you personally responsible for any missteps in the process. Fortunately our St. Louis estate planning lawyers are experienced at guiding clients through this complex and stressful process.

Why Choose TdD Attorneys at Law LLC?

  • For years, the lawyers at TdD Attorneys at Law LLC have represented Missouri residents in probate and estate administration. We have the skills, knowledge, and resources to handle your case.
  • Our attorneys have been recognized in several media publications. We have been named in the St. Louis Business Journal’s 30 under 30 and received a Five Star Award from Forbes.
  • Professional estate planning does not have to be expensive. We provide our estate planning services at a reasonable price and offer a free consultation for your convenience.

What Is Probate and How Does It Work?

Probate is the legal process of dispersing an estate, distributing assets to the appropriate beneficiaries, and paying any debts that the deceased held. Depending on the complexity of the estate, it could take six months or longer to carry out these proceedings. 

There are several steps involved in the probate process:

  • First, the executor or administrator of the estate will hire an attorney to represent the estate in probate court. Then, the attorney will file a petition for probate in the appropriate court.
  • After the petition is filed, the attorney will mail a notice of the hearing to the deceased person’s legal heirs and beneficiaries. An article will be published in the local newspaper to notify any creditors.
  • Several weeks after the petition is filed, a probate hearing will be scheduled to establish the will’s legal validity. A personal representative will also be named to take inventory of and manage the assets, as well as pay any debts. An attorney can assist with this process.
  • Once all taxes and debts have been paid, the personal representative or the attorney will file a report with the court. The judge will then allow the rest of the assets to be distributed to the beneficiaries that the deceased named in the will.

Probate is often required after someone passes away, but it is possible to avoid probate with careful estate planning. At TdD Attorneys at Law LLC, our firm can help you identify and inventory your assets and establish trusts and other mechanisms so that your family can avoid this lengthy process.

Is Probate Necessary?

The answer to this question depends on various factors related to each specific case, including the assets the deceased person leaves behind, the decedent’s estate plan (or lack thereof), and state laws where the decedent resided. Probate is not always required when someone dies in Missouri.

However, your family may need to undergo the probate process in the following circumstances:

  • There is a large, complex or high-value estate.
  • No valid will was left behind by the deceased.
  • Assets or property owned are solely in the decedent’s name.
  • The estate owes outstanding debts or taxes.

Certain types of assets can skip probate and be delivered directly to the beneficiary in St. Louis, such as small estates, jointly owned properties, insurance policies and bank accounts with designated beneficiaries, property held in a revocable trust, and bank accounts with a Payable-on-Death (POD) or Transfer-on-Death (TOD) clause.

How Long Can the Probate Process Take in St. Louis?

Timelines on probate cases in St. Louis can vary significantly depending on the individual circumstances. Several factors can affect the duration of the probate court process, including the size and complexity of the estate, whether or not the decedent left behind a will or estate plan, and if there are disputes among beneficiaries or creditors.

The probate process in Missouri may take several weeks, months or even years from start to finish. On average, a relatively simple estate with no disputes should complete the probate process in six months to one year. A moderately complex estate could be in probate for one to two years or longer. A disputed or complex estate with various legal challenges could be especially prolonged and take up to several years.

How to Avoid Probate Court in Missouri?

It is often possible to avoid probate after a death with strategic estate planning. A solid estate plan can ensure that your assets and properties are transferred directly to your chosen beneficiaries without the need for the court to intervene. A probate attorney in Missouri can help your family avoid probate with the following methods and strategies:

  • A revocable or living trust. With a living trust arrangement, you can transfer properties such as real estate and vehicles into the trust. Then, you can designate a “successor trustee” who will step in on your behalf after you die or become incapacitated without the need for probate.
  • Joint ownership of property or real estate. Adding a co-owner to the titles of various types of property can pass this property onto the individual automatically upon your death or incapacitation without involving the probate court.
  • Beneficiary designations. Payable-on-Death Accounts and Transfer-on-Death Designations can allow the transfer of assets directly to named beneficiaries without probate. Retirement accounts and life insurance plans can also be set up to allow for direct transfers.

The right estate plan can give you peace of mind about the administration of your estate after you pass on, knowing that your family members will not have to undergo the lengthy and often stressful probate process. Working with an experienced estate planning attorney in St. Louis can help you identify all of the options available to help your family avoid probate.

How a St. Louis Probate & Administration Attorney Can Help

Many of our clients who have been appointed as an administrator of an estate are unfamiliar with the process and do not understand their roles and responsibilities. Do not allow a misstep to nullify the smooth transition your loved one may have worked to put into place. Our lawyers are ready to provide hands-on representation and guide you through each step of this complex process, including:

  • Gathering assets
  • Locating and notifying creditors
  • Locating and notifying beneficiaries
  • Conducting a full accounting of the estate’s assets and debts
  • Distributing assets according to your loved one’s wishes

Do not shoulder the burden of this responsibility by yourself. Seek a team you can trust to stand by your side and help keep the process running as smoothly as possible. Allow us to apply our hands-on service to assist you with this process.

Benefits of Hiring a St. Louis Probate & Estate Administration Attorney

If you are named as an estate administrator or a personal representative, you can feel overwhelmed and stressed. Probate is lengthy and complex, and handling a loved one’s estate can be challenging alone. In this situation, you need a probate attorney who can provide you with the support and guidance that you need during the process.

A lawyer from TdD Attorneys at Law LLC can help you navigate probate proceedings and streamline the process as much as possible. Our St. Louis probate attorneys can support your case in several ways, such as:

  • Filing the petition for probate in the appropriate court
  • Helping inventory, value, and distribute all assets to the beneficiaries
  • Identifying the deceased’s liabilities and paying creditors
  • Liquidating the deceased’s property if necessary
  • Settling any disputes or will contests that may arise
  • Helping prepare the final estate tax returns and reports

Call the TdD Attorneys at Law LLC Today

Allow yourself the time you need to grieve for your loved one. Do not handle the burden of estate administration alone and potentially become a target for unhappy heirs or family members. With our legal guidance, we can help ensure that your focus remains on your family and not on the complexities of this process. If you need help in St. Louis, Missouri, call us today at (314) 276-1318 and set up a consultation to learn how our lawyers can leverage our experience to assist you. You can also contact us online.