Probate: What Happens After a Loved One Passes Away

When you lose a loved one, you’re wrestling with more than just grief.

After someone passes away, there is a complicated legal process of court proceedings, filing paperwork, and making decisions about their estate. 

This can be painful and difficult during an already overwhelming time. 

One of the steps of this process is called Probate. 

Navigating this journey alone can bring confusion, stress, and uncertainty, but with the right guidance, probate can be handled easily, with compassion and clarity.

What Is Probate?

Probate is the legal process of settling someone’s estate after they pass away. This process ensures that everything is handled properly and according to the law.

This can include:

• Validating their will or estate plan (if there is one)
• Paying any debts, taxes, or final expenses left by the deceased
• Distributing inheritance to the rightful recipients

If a will or estate plan was established, it is possible to partially avoid probate. Joint ownership, living trusts, and beneficiary designations are common ways to transfer property from the estate of the deceased without going through the probate process. 

How Much Does Probate Cost?

The cost of probate can vary widely depending upon the size and complexity of the deceased’s estate. Your expenses will typically include court filing fees, attorney charges, executor fees, accounting, and any costs for the appraisal of property.

Do You Have to Have a Probate Lawyer?

In some cases, you do not have to have an attorney guide you through probate, but most probate courts do require an attorney to be involved in the process.

With complex legal documents, strict deadlines that must be met, and potential disputes from other parties (disinherited family members, beneficiaries receiving less than they expected, or executors facing allegations of misconduct). 

Having an attorney walk through the process with you can help ensure everything is done according to the rules and proceedings in an efficient manner. 

Why Probate Can Be Overwhelming

When navigating the loss of a loved one, most people aren’t thinking about legal documents, inheritance, or property law. As you’re grieving, this process can blindside you with questions, forms, deadlines, and conflict within your family.

The probate process can be short and simple in some cases, but can also last months or longer if the size and complexity of the deceased’s estate require it.

What if They Didn’t Have a Will or Estate Plan?

If no will or estate plan was established before their death, the State of Missouri determines how their estate is divided. Usually, all assets will go to the closest living relatives, such as their spouse, children, or parents. The court will appoint a representative to manage the estate throughout this process.

This means the state, not the individual, decides how assets are distributed. This can lead to outcomes that do not reflect what the deceased would have wanted.

Some assets can be distributed outside of probate proceedings, such as:

• Life insurance policies with named beneficiaries
• Retirement accounts with designated beneficiaries
• Payable-on-death (POD) bank accounts
• Property held in a trust\
• Assets owned jointly with rights of survivorship

How an Attorney Can Help You Through the Process of Probate in Missouri

The process of probate is often scary and stressful during the grieving process. A probate attorney can help simplify the complicated steps and relieve your stress by making the process go smoothly. Their guidance reduces the risk of costly mistakes and potential conflict.

A lawyer will ensure everything is handled correctly from the start:

• Guide you through each step of the complicated legal process
• Ensure all legal requirements are met on time and in order
• Help executors and administrators fulfill their responsibilities to the estate
• Communicate with the court and other involved parties

Talk With Ozarks Elder Law About Your Probate Case

If you recently lost a loved one and are:

• Facing a probate case or planning ahead
• Named as an executor in someone’s will
• Worried about family conflict or disputed claims
• Stressed, worried, and unsure about their wishes

It is worth your time to schedule a FREE consultation with Ozarks Elder Law to review your case, get answers to your questions, and find clarity on your best next step. 

Ozarks Elder Law serves families across Southwest Missouri with experienced and compassionate care. 

You don’t have to navigate the probate process alone.