Probate Real Estate in Missouri: A Complete Guide
When a property owner dies, their real estate typically must go through the Missouri probate process before it can be sold or transferred. This guide explains the process and your options.
What Is Probate?
Probate is the legal process by which a deceased person's estate is administered and distributed. In Missouri, probate is handled by the circuit court in the county where the deceased person lived. The process involves filing the will (if one exists), appointing an executor or administrator, notifying creditors, paying debts and taxes, and distributing the remaining assets to heirs.
Does All Property Go Through Probate?
Not all property must go through probate. Property held in a living trust, jointly owned property with right of survivorship, and property with a named beneficiary (such as life insurance or retirement accounts) can typically bypass probate. However, real estate that is solely owned by the deceased person will generally need to go through probate before it can be sold.
The Missouri Probate Timeline
The Missouri probate process typically takes a minimum of six months, as creditors must be given time to file claims against the estate. More complex estates, or those where the will is contested, can take a year or more. During this time, the property cannot be sold without court approval.
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Selling a Probate Property in Missouri
To sell a probate property in Missouri, the executor or administrator must typically petition the probate court for permission to sell. The court will review the proposed sale and may require an appraisal or other documentation. Once approved, the sale can proceed.
Working With a Cash Buyer on a Probate Sale
Cash buyers like Midwest Equity Advisors are often the best fit for probate property sales because they can move quickly once court approval is obtained, don't require repairs or staging, and can work with the pace of the probate process. We have extensive experience with probate sales and can work alongside your probate attorney.
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