When a loved one passes away, the legal steps that follow can feel overwhelming. Grief, paperwork, and family responsibilities can easily delay action. However, a critical deadline under Missouri law should not be overlooked: the requirement to open a probate estate within one year of the decedent’s death.

Why it Matters

In Missouri, if no probate estate is opened within one year, the opportunity to do so may be lost. This can have significant legal consequences, particularly when it comes to transferring assets, settling debts, and ensuring that beneficiaries receive their intended assets. We’ve been contacted recently by potential clients who lost a loved one involved in class action lawsuits. Sadly, no estate had been opened. The potential class action settlement is an “asset” that needs to be handled through the probate process.

Probate is the court-supervised process for administering a person’s estate after death. Even if the estate is modest, opening probate allows for legal authority to manage and distribute the decedent’s property. Without it, banks, title companies, courts, and other institutions often will not allow access to accounts or property.

If a will exists, it must be submitted to the probate court within that same one-year window. Failure to do so can result in the will being deemed invalid. As a result, the estate may be distributed according to Missouri’s intestacy laws instead of the decedent’s wishes. In other words, heirs may receive assets differently than the decedent intended.

There are limited exceptions to this one-year rule. However, they are not guaranteed and often require court approval under specific circumstances. For that reason, it is wise not to wait.

The probate process in Missouri can be straightforward with the proper legal guidance. Opening the probate estate promptly protects the rights of heirs and beneficiaries and helps avoid unnecessary complications. It also ensures that any outstanding debts and taxes are appropriately handled under the supervision of the court.

We’re Here to Help

If you have recently lost a loved one and are unsure whether a probate estate is necessary, we are here to help. Our experienced estate planning attorneys can evaluate your situation and guide you through the process with care and clarity. Don’t let time slip away—contact us today to ensure your family’s interests are preserved.