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  1. #1
    Join Date
    Jul 2014
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    2

    Question Can You Distribute an Estate Without Probate if the Heirs Agree

    My question involves estate proceedings in the state of: Missouri

    My father dies a little over a week ago. He was 78 and not in the best health, but it was still a shock. He leaves behind just us 3 daughters, as my mother passed in 2008. He was pretty broke when he died, living off of Social Sec and a small Air Force retirement. All he owned was a house worth less than $30k which my older sister lived in with him (she was his caretaker). He has about $5,000 in the bank after his funeral costs.

    My older sister would like to keep the house, and my younger sister and myself agreed to this. My younger sister would like her debt to my father forgiven (about $8k), and my older sister and I agree to that. The cash is all that is left, so I would get that (which they both agree to).

    My question is this, do we need to involve the courts at all since we all seem to agree on the division of the property?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Father Died, No Will, No Arguments

    Quote Quoting Bexinmo
    View Post
    My question involves estate proceedings in the state of: Missouri

    My father dies a little over a week ago. He was 78 and not in the best health, but it was still a shock. He leaves behind just us 3 daughters, as my mother passed in 2008. He was pretty broke when he died, living off of Social Sec and a small Air Force retirement. All he owned was a house worth less than $30k which my older sister lived in with him (she was his caretaker). He has about $5,000 in the bank after his funeral costs.

    My older sister would like to keep the house, and my younger sister and myself agreed to this. My younger sister would like her debt to my father forgiven (about $8k), and my older sister and I agree to that. The cash is all that is left, so I would get that (which they both agree to).

    My question is this, do we need to involve the courts at all since we all seem to agree on the division of the property?
    Unless MO has a provision in the law for handling small estates, his estate would have to be probated in order to transfer the house into your sister's name...and to be able to access the money in the bank. (unless your sister was also on his account). Get a quick consult with a probate lawyer.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Can You Distribute an Estate Without Probate if the Heirs Agree

    Read this, including the small estate provisions on page 5.

  4. #4
    Join Date
    Jul 2014
    Posts
    2

    Default Re: Can You Distribute an Estate Without Probate if the Heirs Agree

    Thanks. Y'all have been a great help. My sister is on the account but I guess we should wait and consult a lawyer to work this stuff out legally.

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