Estates in Missouri - Revision history

Davidjenkins: /* Cross-References */

2020-11-08T19:32:25Z

‎Cross-References

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‎Sources

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‎Sources

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‎Sources

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‎Probate

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‎Wills

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‎Personal Representatives

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‎Standard Requirements

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‎Conveyances

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‎Personal Representatives

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 ==Cross-References==
 * [[Missouri]]
 * [[Estates]]

← Older revision		Revision as of 19:31, 8 November 2020
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−	Secondary Source: [https://www.16thcircuit.org/probate-procedures-manual \| Jackson County Probate Procedure Manual]	+	Secondary Source: [https://www.16thcircuit.org/probate-procedures-manual Jackson County Probate Procedure Manual]

	===Compliance===		===Compliance===

← Older revision		Revision as of 19:31, 8 November 2020
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−	Secondary Source: [~~Jackson County Probate Procedure Manual\|~~https://www.16thcircuit.org/probate-procedures-manual]	+	Secondary Source: [https://www.16thcircuit.org/probate-procedures-manual \| Jackson County Probate Procedure Manual]

	===Compliance===		===Compliance===

← Older revision		Revision as of 19:30, 8 November 2020
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	===Sources===		===Sources===
		+
		+
		+	Secondary Source: [Jackson County Probate Procedure Manual\|https://www.16thcircuit.org/probate-procedures-manual]

	===Compliance===		===Compliance===

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 ===Probate===
-Probate of a Will is barred unless presented for probate within six months from the date of the first publication of notice granting letters testamentary or of administration or within thirty days from the commencement of an action to contest the validity of a will, whichever is later. No will can be admitted to probate and no administration granted unless application is made to the court within one year from the date of the death of the decedent.
+Probate of a Will is barred unless presented for probate within six (6) months from the date of the first publication of notice granting letters testamentary or of administration or within thirty (30) days from the commencement of an action to contest the validity of a Will, whichever is later. No Will can be admitted to probate and no administration granted unless application is made to the court within one (1) year from the date of the death of the decedent.
 ====Foreign Probate====

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 ===Personal Representatives===
-The personal representative of an estate in Missouri is called an '''Administrator'''. This is irrespective of whether the decedent died testate or intestate or whether the estate is to be administered independently or supervised by the court. In some cases, there may also be an '''Administrator ad litem''' or an '''Administrator pendente lite''' appointed by the court when some type of emergency action is needed such as preserving assets of the estate.
+The personal representative of an estate in Missouri is called an '''Administrator'''. This is irrespective of whether the decedent died testate or intestate. Administrators are either independent, which is typically specified in the Will, or supervised by the Court when there is no Will or the Will does not authorize the Administrator to act independently. In some cases, there may also be an '''Administrator ad litem''' or an '''Administrator pendente lite''' appointed by the court when some type of emergency action is needed such as preserving assets of the estate.
 ===Probate===

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 * Copy of Will filed for probate for the Estate of X to be produced and examined; possible additional requirements to be added.
 * Proof that letters have been issued to a personal representative in the Estate of X and that such letters have not been revoked.
 ====Standard Exceptions====

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	===Conveyances===		===Conveyances===
		+
		+	If there is no Will, then the beneficiaries of the Estate automatically take title to the property. Any conveyance out of the Estate must be executed by all of the individual beneficiaries of the Estate.
		+
		+	If there is a Will, then any conveyance out of the Estate must be made by the Administrator on behalf of the Estate. This includes situations where there is a specific devise of property in the Will. They conveyance must still come from the Administrator of the Estate to the specific devisee. An Independent Administrator can convey on behalf of the Estate without Court approval, while a Supervised Administrator requires Court approval.

	===Creditor Claims===		===Creditor Claims===

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	===Personal Representatives===		===Personal Representatives===
		+
		+	The personal representative of an estate in Missouri is called an '''Administrator'''. This is irrespective of whether the decedent died testate or intestate or whether the estate is to be administered independently or supervised by the court. In some cases, there may also be an '''Administrator ad litem''' or an '''Administrator pendente lite''' appointed by the court when some type of emergency action is needed such as preserving assets of the estate.

	===Probate===		===Probate===