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If the Will is not filed with the Probate Court within the required one year period, the Will becomes invalid it is no longer any good. The Will essentially expires.
At the Piatchek Law Firm, our attorneys regularly handle probate estates of all sizes, including small estates. A normal probate administration in Missouri involves over $40,000 in net assets, so an estate with less than $40,000 is referred to as a small estate.
What Assets Go Through Probate? Bank accounts in the decedents name with no co-owner and no beneficiary designation. A home or land that is owned by the decedent individually. A home or land that is co-owned as tenants in common (not with right of survivorship) Stocks and bonds in the decedents name.
A pour over will functions after an individual has already created a trust and funded the trustmeaning, they have placed certain assets in the trust to be given to beneficiaries after their death in order to avoid the probate court process.
Types Of Property You Cant Include In A Will Any property that is held in joint tenancy (owned equally by two parties), such as a house that you own equally with your spouse, since the property will automatically transfer to the surviving owner.
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Heres an example: I give to my son, Alan John Smith, one-third of my estate. If Alan John Smith does not survive me, this inheritance should be distributed to Alan John Smiths descendants, per stirpes.
A pour-over will only goes through probate if you have failed to attach all your assets to your living trust. The probate process with a pour-over will is much shorter than probate with a traditional will.
With a pour-over will, any assets not included in your trust are automatically transferred to your trust after you pass away. Think of it as a kind of safety net, capturing any property you didnt transfer to your trust while you were alive.
Under Missouri law, a will must be filed with the court within 30 days after the death of the testator. Missouri Revised Statutes 474.510. So, after you pass away, your will should be filed in your local probate court by the person named to be your personal representative (also called an executor or administrator).
Witnesses: A Missouri will must be signed by at least two witnesses who should not be beneficiaries, in the presence of the testator. Writing: A Missouri will should be in writing, but oral wills are valid in some circumstances. Beneficiaries: A testator can leave property to anyone.

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