The probate process in Missouri is generally more transactional in nature than adversarial. However, there are a few instances that can involve substantial estate litigation. One such example is a will or trust contest; another is a partition suit between beneficiaries. One might attempt to contest a will or a trust because the testator or trustor lacked the mental capacity to execute a will or a trust; because of fraud; or because someone exerted undue influence upon the testator or trustor. Missouri law limits the amount of time a person has to contest a will or trust. To be valid, a will must be presented for probate within one year of the decedent’s date of death. Will contests must be filed within six months of the approval or rejection of the will by the court, or within six months from the date of the first publication of the Notice of Letters Granted, whichever date is later. Trust contests are statutorily required to be filed within two years after the trustor’s death. However, a trustee may shorten that time frame to six months by sending a copy of the trust agreement to the person or persons together with a notice advising the person of the existence of the trust, the trustee’s name and address, and time allowed (six months) to commence a trust contest. The Missouri statute only relies on mailing and does not require proof that the person received the notice. Certified or registered mail notice is not required. These time limitations can bar the valid claim of someone who might desire to contest a will or trust.

Another circumstance which might involve substantial litigation is when a decedent made a non-probate transfer (survivorship documents, beneficiary deeds, trusts created in the decedent’s lifetime, transfer on death designations and/or pay on death designations) of his assets. Notice to the heirs or other interested persons is not required for non-probate transactions. The probate process typically involves only assets that were in the decedent’s name alone, but under some circumstances, non-probate transfers can be set aside and the assets included into the probate estate for distribution by the court. These circumstances might include the transferor’s lack of mental capacity, or undue influence upon the transferor, or the involvement of fraud in the transfer.

If you need assistance with your estate litigation claim, call one of our attorneys at 573-686-2459 or contact us.