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PROBATE

Probate is a unique court of law with its own procedures and laws.   With more than 25 years of experience, our firm provides quality representation, tailored to your needs.  

Probate Procedures

Small Estate Procedure

Generally, we obtain results in 30-45 days for estates valued at less than $40,000.  This is the quickest and most cost effective procedure for small estates.

Determination of Heirship

Has the decedent been dead for longer than a year with an estate larger than $40,000? Then this procedure is an effective tool to get results in 3-6 months.

Letters (Will or No-Will)

With a Will (Letters Testamentary) or with no Will (Letters of Administration) this is the procedure most vilified for its expense and length of time to complete.  

Small Estate Procedure

There is a reason Kentner Law LLC is a statewide leader in utilization of the small estate procedure.  We leverage our experience and technology to provide an excellent client experience.  

 

The first question to determine if the Small Estate Procedure will work for the decedent’s estate will be --

Does the value of the entire estate, less liens and encumbrances, exceed the amount of $40,000?  

The Missouri Small Estate Procedure applies if a decedent’s estate is valued at less than $40,000.  A “Small Estate Certificate” may be obtained in about 30 days after the decedent’s death by a distributee (heir) without going through the full probate process.  The Small Estate Certificate is the authority for the transfer of assets to the heirs.  The distributee, called an “Affiant,” must file an affidavit promising to use the decedent’s assets to pay debts and distribute the property according to law.  Publication in a local newspaper is required unless the estate is valued at less than $15,000.  The Affiant may request that no bond be required if the total assets of decedent’s estate do not exceed $5,000 or if decedent’s Last Will and Testament directed that Affiant serve without bond or if all the heirs can agree to waive the bond.


 

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