What About Establishing Title To Real Estate?
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. Real property passes directly to one`s heirs, or to one`s devisee if a will is admitted to probate; thus, it does not technically form a part of the probate estate unless it becomes necessary to sell the property to pay debts or for certain other reasons as set out in the statutes.
However, even though real property does not always form a part of the estate, if there is no probate administration it may be impossible for the heirs to pass clear title to the property for one year after death. This is due to the fact that, in Missouri, a will may be filed at any time within one year after the death of the individual executing the will and that will could possibly alter the ownership of the property.
Similarly, creditors may take actions to enforce claims that could force the sale of real property. However, if an estate is probated, the period of time in which the title to the real property can be so affected is reduced to approximately six months after the opening of the estate.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Estate Planning Articles
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- What Is A Durable Power Of Attorney?
- What About The Revocation Of A Durable Power Of Attorney?
- What Powers Are Granted By General Powers Of Attorney?
- Must I Sign A Power, And If I Do, Will It Be Followed?
- What Specific Cautions Must Be Made In Preparing And Granting Powers Of Attorney?
- What Is Probate?
- How Is Property Transferred At Death?
- What About The Rights Of Creditors And Collection Of Debts?
- What About Payment Of Death Taxes?
- What About The Surviving Spouse's Rights?
- What Is Simplified Probate Administration?
- What Are Some Other Functions Of The Probate Division?
- What Is A Tenancy In Common?
- Will A Joint Tenancy Avoid Probate Expenses?
- Can A Revocable Living Trust Be Changed Or Revoked?
- Is A Revocable Living Trust An Adequate Substitute For A Will?
- Will A Revocable Living Trust Avoid Probate Expenses?
- What Are Some Of The Advantages Of A Revocable Living Trust?
- Is A General Durable Power Of Attorney Or A Living Will Still Needed?
- What Are Some Other Considerations In The Use Of A Revocable Living Trust?
- Who Can Advise You About A Revocable Living Trust?
- What Are Some Of The Disadvantages Of A Revocable Living Trust?
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- Should I Use A Joint Account For Help In Writing Checks?
- May Safe Deposit Boxes Be Jointly Held?
- What Is A Guardian?
- What Is A Conservator?
- Who Can Be The Trustee?
- Who May Be Appointed Guardian And Conservator?
- What Does It Mean To Be Incapacitated Or Disabled?
- What Is The Legal Effect Of A Judicial Determination Of Incapacity Or Disability?
- How Are Guardianship And Conservatorship Proceedings Commenced?
- What Are The Duties Of A Guardian And A Conservator?
- Is The Conservator Or Guardian Personally Liable For The Debts Of The Protectee Or Ward?
- How Are Guardianship And Conservatorship Terminated?