After a loved one passes away, it is necessary to distribute the estate of the decedent to the heirs and beneficiaries. If the person died with a Last Will and Testament, the Will must be admitted to the proper probate court within one year of the decedent’s death, with a few exceptions (RSMo 473.050). In addition to admitting the Will, you also have to determine what specific type of probate, if any, needs to be initiated within the probate court. Unfortunately, the process can be complicated and difficult to understand for families, especially in the midst of the grief of losing a loved one. At MyProbateCase.com, we work hard to streamline the probate process in order to make things easier for you and your family.
Preparing the Application
In order to begin the process, an Application for Probate of Will needs to be filled out and filed with the proper probate court. The probate court will likely require the following information in order to approve or deny your Application for Probate of Will:
- The name of the decedent, their date of death, and where they resided at the time of death.
- Whether the decedent was single, divorced, married, or widowed, and if widowed, the date of their spouse’s death.
- If there is a surviving spouse, you must provide their name and where they reside.
- The date of the decedent’s Will and any codicils (amendments).
- Whether or not there are at least two witnesses’ signatures.
- Whether or not the Will includes is “self-proving” i.e., whether all signatures are notarized.
Filing Documents with the Probate Court
In addition to filing the Application for Probate of Will, the probate court will likely require the following documents when processing your Application:
- A copy of the Will (e-filed copy);
- The original Will (must be hand-delivered to the probate court); and
- A copy of the death certificate
If your loved one recently passed away with a Last Will and Testament, you definitely want to start the process of Admitting the Will to probate as soon as possible, regardless of whether there needs to be a probate estate opened. This process includes hand-delivering the original Will to the proper probate court in a timely manner in conjunction with filing your Application to for Probate of WIll.
Let MyProbateCase.com Help
When you’re grieving the loss of a loved one, trying to find your way through the probate process can be incredibly difficult. From modest estates to those that are larger and more complex, the licensed Missouri probate lawyers at MyProbateCase.com offer stress-free solutions. Contact us today to start the process that will bring you the peace of mind you are looking for.