Probate is the process set up by the Missouri government to handle your property and personal affairs should you become disabled, or should you die without your own estate plan. Probate is typically a long process; not to mention expensive and public. If you have not designated individuals to make your health care or financial decisions and you become disabled, then the Probate Court has the authority to appoint a guardian (for personal matters) and a conservator (for financial matters). This may or may not be someone you know.
If you have minor children and you become disabled and have not nominated a guardian for your children, then the Probate Court will select who they think is best to raise your minor children.
If you pass away in the State of Missouri and an asset is in just your name, then the Probate Court has jurisdiction over those assets. Even if you have a Last Will and Testament, the Probate Court is involved. A Last Will and Testament only gives the Probate Court guidance on how to distribute assets. Again, Wills do NOT avoid probate.
There are a variety of legal tools and strategies one can employ to avoid the delay and expense of Probate. Should you decide to meet with us, then we will discuss these tools in great detail.