What Is Probate?

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What Is Probate?

Most people are familiar with the operation of the civil and criminal divisions, having seen trials portrayed on television and described in various newspaper articles. However, to the average person, the role of the probate division (formerly the probate court) is a complete mystery. In fact, many people remain unaware of the existence of the probate division until they are faced with the many financial and legal details that may arise on the death of a close friend or relative.

Other Missouri Estate Planning FAQs

Q: What Is A Power Of Attorney?
A: A power of attorney is a document by which you appoint a person to act as your agent. An agent is one who has authorization to act for another person. The person who … More
Q: What Is A Durable Power Of Attorney?
A: Many people are unaware that an ordinary power of attorney is revoked, and the agent`s power to act for the principal automatically stops, if the principal becomes … More
Q: What About The Revocation Of A Durable Power Of Attorney?
A: The death of the principal revokes even a durable power of attorney, except for a third person relying on the power of attorney who does not know of the death. Also, … More
Q: What Powers Are Granted By General Powers Of Attorney?
A: Under Missouri law before August 1989, a valid power of attorney had to spell out in detail all of the authorizations granted to the agent. Under a new Missouri law … More
Q: Must I Sign A Power, And If I Do, Will It Be Followed?
A: No person can be forced to sign a power of attorney, especially one for health care decisions, which cannot be required for admission to a hospital. Once created, … More
Q: What Specific Cautions Must Be Made In Preparing And Granting Powers Of Attorney?
A: An effective durable power of attorney, and especially a springing durable power of attorney, needs to be very carefully worded and you should seek the assistance of … More
Q: How Is Property Transferred At Death?
A: The probate division has been established primarily to protect the rights of one`s heirs, beneficiaries under a will and creditors, and to assure the orderly transfer … More
Q: What About The Rights Of Creditors And Collection Of Debts?
A: The probate division serves as a forum through which creditors of the deceased can protect their claims and seek payment. Also, the Personal Representative of the … More
Q: What About Payment Of Death Taxes?
A: Another important function of the probate division is to provide for the collection of any taxes which might have been due by reason of the deceased`s death or on the … More
Q: What About Establishing Title To Real Estate?
A: The administration of an estate in the probate division also serves to establish clear title to any real estate that the deceased may have owned at the time of death. … More