Probate Attorney Serving St. Louis County and St. Louis City
Guiding families through the probate process with clarity and care, I provide trusted legal services for St. Louis County and St. Louis City. Whether you need full probate administration, a small estate affidavit, or a petition for determination of heirship, I’m here to ensure every step is handled with professionalism and compassion.
Types of Decedent Probate Estates We Handle
Process Overview for Petition to Determine Heirs in St. Louis County and St. Louis City
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Initial Petition Filed with Probate Court
The process begins when a petition is filed with the probate court in the county where the decedent last resided. This filing asks the court to identify and declare the legal heirs of the estate, which is often necessary when the decedent did not leave a will and ownership of assets must be formally clarified. -
Court Approval and Hearing Date Scheduled
After reviewing the petition, the probate court sets a hearing date—typically at least 45 days from the filing date. Notice of this hearing must be published in a local legal publication for 30 days before the hearing, ensuring the public has an opportunity to come forward with any claims or objections. -
Hearing and Testimony
On the scheduled hearing date, the petitioner (often a family member or interested party) must appear in court to provide testimony. This testimony usually covers the decedent’s death, the nature and extent of the decedent’s assets, and the identities of the decedent’s heirs. The court may also consider supporting evidence or documentation provided by the petitioner. -
Judgment and Decree of Heirship Issued
At the conclusion of the hearing, the judge or commissioner issues a Judgment and Decree of Heirship. This judgment formally identifies the rightful heirs and gives them legal authority to inherit the decedent’s assets. For example, if real estate is part of the estate, the judgment is recorded with the local Recorder of Deeds, which transfers title of the property to the heirs listed in the decree.
Typical Timeline: A Petition to Determine Heirs in St. Louis County or St. Louis City generally takes about eight weeks from the date the petition is filed, though timing can vary depending on scheduling and publication requirements.
Process Overview for Small Estate Affidavit in St. Louis County and St. Louis City
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Affidavit Filed with Probate Court
When a decedent’s estate is valued below a certain threshold under Missouri law, heirs may qualify to use a Small Estate Affidavit instead of going through full probate. To begin, a notarized affidavit is filed with the probate court in the county where the decedent resided. The affidavit must be accompanied by proof of the estate’s assets, such as bank statements, vehicle titles, or real estate information. -
Court Review and Certificate of Clerk Issued
After the court reviews the affidavit and supporting documents, it typically issues a Certificate of Clerk within about four weeks. This certificate, attached to the affidavit, authorizes the affiant (the person filing the affidavit) to collect and transfer the assets listed. Unlike full probate, no Personal Representative is appointed, and the process is generally simpler and faster. -
Collection of Assets and Closing of Estate
Once the Certificate of Clerk is issued, heirs can use it to collect the decedent’s assets directly from banks, title companies, or other institutions. At this point, the estate is considered closed. However, if new assets are discovered after the affidavit is filed, the heirs must either file a motion to amend the affidavit or, in some cases, open a new probate proceeding.
Typical Timeline: The Certificate of Clerk is usually issued within four weeks of filing, making the Small Estate Affidavit a quicker and more cost-effective option than full probate administration when the estate qualifies.
What is Probate and do I Need Probate in St. Louis?
Probate is the legal process that takes place after someone passes away, and it serves to transfer ownership of their property and assets to heirs or beneficiaries. In Missouri, if a person dies without setting up a legal method to transfer ownership during their lifetime—such as through a trust, beneficiary deed, or joint ownership—the estate usually must go through probate. This process ensures that debts are settled, taxes are addressed, and the rightful heirs are determined under Missouri law. For families in St. Louis County and St. Louis City, probate may be required when the decedent leaves real estate, bank accounts, or other titled property that cannot otherwise be transferred.
It’s important to understand that even if the decedent left a valid will, probate is often still necessary. A will provides instructions for how the property should be distributed, but it does not by itself transfer ownership of the assets. The probate court must formally recognize the will and appoint a personal representative (executor) to carry out its terms. Without this court process, banks, title companies, and other institutions will not accept a will alone to authorize the transfer of property. In short, probate in St. Louis provides the legal authority to ensure assets are properly transferred and that the decedent’s wishes—or Missouri’s inheritance laws if there is no will—are followed.
Do I Need an Attorney for Probate in St. Louis?
Yes. In both St. Louis County and St. Louis City, the probate courts require an attorney for all probate proceedings. This rule is in place because probate involves complex legal steps, strict court procedures, and detailed filings that must be completed correctly and on time. The courts do not allow individuals to represent an estate on their own, even if they are the executor or a family member of the decedent. Having an attorney ensures that the estate is administered according to Missouri law and that the rights of heirs and creditors are properly addressed.
If the estate must go through full probate administration, an attorney is required for the entire duration that the estate remains open. This process can last several months or even over a year, depending on the size of the estate, outstanding debts, and any disputes that arise. During that time, the attorney will assist with filing the initial petition, notifying heirs and creditors, managing the estate’s assets, preparing inventories and accountings, and ultimately distributing property as ordered by the court. Even in situations where a small estate affidavit or a petition for determination of heirship may be available, consulting an attorney is highly recommended to determine eligibility and avoid costly mistakes.
Ultimately, working with an attorney is not just a legal requirement in St. Louis probate courts—it is also a safeguard. It protects executors from personal liability for errors, ensures heirs receive what they are entitled to, and helps families move through what can otherwise be a stressful and confusing process with confidence.
What is Probate and do I Need Probate in St. Louis?
Probate is the legal process that takes place after someone passes away, and it serves to transfer ownership of their property and assets to heirs or beneficiaries. In Missouri, if a person dies without setting up a legal method to transfer ownership during their lifetime—such as through a trust, beneficiary deed, or joint ownership—the estate usually must go through probate. This process ensures that debts are settled, taxes are addressed, and the rightful heirs are determined under Missouri law. For families in St. Louis County and St. Louis City, probate may be required when the decedent leaves real estate, bank accounts, or other titled property that cannot otherwise be transferred.
It’s important to understand that even if the decedent left a valid will, probate is often still necessary. A will provides instructions for how the property should be distributed, but it does not by itself transfer ownership of the assets. The probate court must formally recognize the will and appoint a personal representative (executor) to carry out its terms. Without this court process, banks, title companies, and other institutions will not accept a will alone to authorize the transfer of property. In short, probate in St. Louis provides the legal authority to ensure assets are properly transferred and that the decedent’s wishes—or Missouri’s inheritance laws if there is no will—are followed.
Do I Need an Attorney for Probate in St. Louis?
Yes. In both St. Louis County and St. Louis City, the probate courts require an attorney for all probate proceedings. This rule is in place because probate involves complex legal steps, strict court procedures, and detailed filings that must be completed correctly and on time. The courts do not allow individuals to represent an estate on their own, even if they are the executor or a family member of the decedent. Having an attorney ensures that the estate is administered according to Missouri law and that the rights of heirs and creditors are properly addressed.
If the estate must go through full probate administration, an attorney is required for the entire duration that the estate remains open. This process can last several months or even over a year, depending on the size of the estate, outstanding debts, and any disputes that arise. During that time, the attorney will assist with filing the initial petition, notifying heirs and creditors, managing the estate’s assets, preparing inventories and accountings, and ultimately distributing property as ordered by the court. Even in situations where a small estate affidavit or a petition for determination of heirship may be available, consulting an attorney is highly recommended to determine eligibility and avoid costly mistakes.
Ultimately, working with an attorney is not just a legal requirement in St. Louis probate courts—it is also a safeguard. It protects executors from personal liability for errors, ensures heirs receive what they are entitled to, and helps families move through what can otherwise be a stressful and confusing process with confidence.
How much does a probate lawyer cost in St. Louis?
Attorney fees vary depending on the complexity of the estate. Some probate lawyers charge hourly, while others use flat fees for certain filings. In full probate, attorney fees are often paid from the estate, not out-of-pocket by the Personal Representative.
Who pays for probate costs and attorney fees?
All probate-related costs—including attorney fees, court filing fees, and publication costs—are paid out of the decedent’s estate before any distributions are made to heirs.
What is a Personal Representative, and what are their responsibilities?
A Personal Representative (also called an Executor) is the person appointed by the court to manage the estate. Their duties include collecting assets, paying debts and taxes, and distributing property to heirs or beneficiaries under court supervision.
What’s the difference between supervised and independent probate administration?
In independent administration, the Personal Representative can handle most tasks without constant court approval, making the process faster and less costly. In supervised administration, the court oversees each step, which is often required if there are disputes or complications.
What happens if the decedent died without a will in Missouri?
If there is no will, Missouri’s intestacy laws determine who inherits. Typically, the spouse and children inherit first. If there are none, the estate passes to other family members in a set legal order.
How long after someone’s death do you have to open probate in Missouri?
In Missouri, probate must generally be opened within one year of the decedent’s death. After that, heirs may lose the ability to claim certain property through probate.
What Our Clients are Saying
Jelani Aitch, Esq.
For years, I have dedicated my legal career to helping families in St. Louis navigate the challenges of probate. This city isn’t just where I practice law—it’s my home, and I take great pride in serving the people who make up our community. I understand how overwhelming the probate process can be after the loss of a loved one, from the confusion of court filings to the stress of settling an estate. My mission has always been to stand beside St. Louis families, guiding them through probate with compassion, clarity, and a steady commitment to protecting their interests.
Having practiced in St. Louis for many years, I know our local probate courts, judges, and procedures inside and out. That experience matters when it comes to resolving estates efficiently and correctly. I’ve built strong relationships within the community and developed a deep understanding of how probate cases are handled in St. Louis County and St. Louis City. When you choose me as your probate attorney, you’re not just getting legal representation—you’re gaining a local advocate who understands our community and will work tirelessly to help you honor your loved one’s legacy while protecting your family’s future.