Probate & Trust Administration

No — not every estate requires a full probate proceeding. Missouri law provides several ways to transfer assets outside of probate entirely. Assets with named beneficiaries (like life insurance, retirement accounts, and payable-on-death bank accounts) pass directly to the named recipient without any court involvement. Property held in a revocable living trust also avoids probate, which is one of the biggest reasons many people choose trust-based estate plans. Real estate with a properly recorded beneficiary deed transfers automatically at death as well. For estates that do include probate assets, Missouri offers simplified procedures for smaller estates. If the total value of personal property subject to probate is $40,000 or less, heirs may be able to use a small estate affidavit under RSMo §473.097 to collect assets without opening a formal estate. Summary administration under RSMo §473.395 is available for slightly larger estates and provides a faster, less expensive alternative to full probate. For estates that don't qualify for a simplified procedure, Missouri's standard probate process applies. Full probate in Missouri typically takes at least six months — and often longer — due to the statutory creditor claim period. An experienced probate attorney can help you determine which process applies and move through it as efficiently as possible.

The timeline for Missouri probate depends heavily on the size and complexity of the estate, but most estates take a minimum of six to nine months from start to finish — and many take a year or more. The six-month floor is largely driven by Missouri's creditor notice requirements. Under RSMo §473.360, the personal representative must publish notice to creditors, and creditors have six months from the date of the first published notice to file claims against the estate. The estate generally cannot be closed and final distributions cannot be made until that window has passed and all valid claims have been resolved. Beyond the creditor period, the timeline is affected by the complexity of the estate's assets, whether any disputes arise among heirs or beneficiaries, how quickly real estate and personal property can be valued and transferred, and whether tax returns need to be filed. Estates that include a business interest, investment portfolio, or real property in multiple counties tend to take longer. Missouri does allow independent administration for many testate estates, which reduces the amount of court oversight required and can speed up the process compared to supervised administration. If you're serving as a personal representative or waiting on an inheritance, The Taormina Firm can give you a realistic timeline based on the specific facts of the estate.

These are two distinct roles that serve different functions, and it's common for families to confuse them — especially when the same person serves in both capacities. A personal representative (sometimes called an executor) is appointed by the probate court to administer a decedent's probate estate. Their job is to gather and inventory the decedent's probate assets, notify creditors, pay valid debts and expenses, file the final tax return, and distribute the remaining assets to the beneficiaries named in the will — or to heirs under Missouri's intestacy laws if there's no will. The personal representative's authority comes from the court and is governed by Missouri's probate statutes (RSMo Chapter 473). Once the estate is closed, the personal representative's role ends. A trustee, by contrast, is appointed under the terms of a trust document — not by a court. The trustee's job is to manage and distribute the trust's assets according to the settlor's instructions. In a revocable living trust, the successor trustee steps in after the settlor's death (or incapacity) to administer the trust privately, without court involvement. The trustee's duties are governed by Missouri's version of the Uniform Trust Code and the specific terms of the trust itself. In some estate plans, the same person serves as both personal representative (for any assets that end up in probate) and successor trustee (for assets held in the trust). An attorney can help that person understand each role's distinct requirements and keep the two processes properly separated.

When someone dies without a valid will in Missouri, they are said to have died "intestate," and their estate is governed by Missouri's intestate succession laws found in RSMo Chapter 474. These laws establish a fixed order of priority for who inherits — and the outcome may be very different from what the decedent would have chosen. If the decedent was married with children who are also the children of the surviving spouse, Missouri law gives the entire estate to the surviving spouse. But if the decedent had children from a prior relationship, the result is split: the surviving spouse receives the first $20,000 of the estate plus half of the remainder, and the decedent's biological children share the other half. If there's no surviving spouse, the estate passes to the decedent's children in equal shares. If there are no children, it passes to the decedent's parents, then to siblings, and so on. Missouri's intestacy laws do not recognize unmarried partners, stepchildren who were never formally adopted, or close friends — regardless of the nature of those relationships. The probate court appoints an administrator (rather than a named executor) to manage the estate, which can add time and friction to the process. Intestate administration also tends to generate more family conflict than testate administration, because there is no will to express the decedent's intentions on disputed questions. The Taormina Firm guides families through intestate estate administration and helps resolve disputes so the estate can be closed as efficiently as possible.

When a settlor passes away with a revocable living trust in place, the successor trustee steps in to administer the trust. While this process is private and generally faster than probate, it carries real legal responsibilities — and getting the steps right matters. First, the successor trustee needs to secure and take inventory of all trust assets. This includes real estate, financial accounts, business interests, vehicles, and any personal property that was transferred into the trust during the settlor's lifetime. The trustee should also check for assets that were supposed to be in the trust but weren't properly transferred — those may need to flow through a brief probate proceeding (via a pour-over will) before entering the trust. Next, the trustee must notify beneficiaries. Missouri law requires that all current beneficiaries be informed of the trust's existence, their status as beneficiaries, and their right to receive a copy of the trust document. Failing to provide proper notice can expose the trustee to liability later on. On the tax side, the trustee is typically responsible for coordinating the filing of the decedent's final income tax return and, if necessary, a federal estate tax return. After the settlor's death, the trust receives its own EIN and becomes a separate taxpaying entity. Annual fiduciary income tax returns (Form 1041) must be filed for any year the trust earns income before it is fully distributed. Finally, once debts, expenses, and taxes are resolved, the trustee distributes the remaining assets to the beneficiaries according to the trust's instructions — obtaining receipts and releases before closing the trust. The Taormina Firm represents successor trustees throughout this process, helping them fulfill their duties correctly and avoid personal liability.