St. Louis Probate Lawyer

If you want to avoid the probate process or better understand how to navigate it, you need to hire a local probate lawyer in your area.

Probate can feel like a very complicated process if a loved one has passed away, leaving you with the responsibility of having to figure out what to do next. Probate happens when someone passes away, and their estate still has their name on it. This begins the court-managed process of determining where the estate should go.

Going through the probate process can be time-consuming as well as expensive for family members. That is why you need to hire a St. Louis probate lawyer who can help you navigate this process to get the most favorable outcome. A good probate lawyer may even be able to help you avoid probate altogether.

What is Probate?

Probate law is not as difficult or complex as it may seem on the surface, as the simplified definition is when a person’s assets are only in their name after they have passed away. This freezes their assets since there haven’t been any beneficiaries named, and without beneficiaries, the estate cannot be distributed legally. This is an example of why it is crucial to have an estate plan in place.

Going through the probate process allows you to unfreeze these assets so that they can be put in the name of a beneficiary. When a person passes away without having named beneficiaries, Missouri state law will determine who the assets will go to.

Probate is something that most people want to avoid as it can take a very long time for a decision to be made. It can also become expensive and can result in beneficiaries getting less than what they are entitled to.

Property that isn’t included in probate is anything that has another person’s name on it. For instance, married couples usually have assets in both of their names, so the surviving spouse would have full control over the property, and it would not be included in probate.

The Probate Process

To begin the process of probate, you have to file an application with the probate court as a personal representative or executor of the estate. The personal representative is then responsible for posting notices of opening probate for the purpose of notifying potential heirs, beneficiaries, or creditors.

As the personal representative, you have to provide the court with an inventory and appraisal of the estate included in probate. It is also your responsibility to ensure the estate is kept safe until beneficiaries are decided on. When the probate court comes to a decision, it will then be your job to distribute the property to the designated beneficiaries.

The personal representative is responsible for closing the estate and paying off any debts or taxes with the remaining assets.

Avoiding Probate

When you hire a probate attorney in St. Louis, they can help you navigate this process and even avoid probate if possible. In most situations, avoiding probate is the best course of action to save money and distribute the estate as quickly as possible.

A local probate lawyer in your area can utilize non-probate options to distribute the remaining estate. This could include using transfer-on-death deeds for real estate, transfer-on-death registration for securities, transfer-on-death registration for vehicles, or payable-on-death designations for bank accounts.

If your loved one had a living trust, this will help you avoid the probate process as well, as it should indicate who the beneficiaries are and what they are entitled to.

Why You Should Hire a Local Probate Attorney

Using a probate law firm like Wallach & Associates, P.C. will make a huge difference if you are facing the probate process. A St. Louis probate attorney will help you navigate probate laws and find assets that are not included in probate, such as assets that are under joint ownership.

When you put your trust in a local probate lawyer, you don’t have to worry about making any mistakes along the way that could make this process longer or more expensive.

Contact a Top Probate Lawyer at Wallach & Associates, P.C.

Do you want to keep your estate out of probate? At Wallach & Associates, P.C., we provide probate services to help you through this process and avoid it if possible. We can help ensure a favorable outcome by ensuring you don’t run into any issues or mistakes.

To speak with one of the best probate lawyers in St. Louis, contact Wallach & Associates, P.C., at 314-308-2900.