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In Missouri if brothers are co-owners of real estate and one brother dies does it go to probate court?
Wiki User
∙ 14y ago
It depends upon what you mean by co-owners. If they own the property as "Tenants in Common," then they each own a particular percentage of the property which they can pass along at their death to whomever they wish. If they own the property as Tenants in Common, then yes the deceased brother's share will have to go through probate (unless there was a recorded beneficiary deed).
If they own the property as "Joint Tenants" or "Joint Tenants with Rights of Survivorship" then once the first brother dies the property automatically passes to the surviving brother by operation of law. No probate would be necessary in that scenario. The surviving brother would just have to file an Affidavit of Death in the county where the property is located as well as a certified copy of the death certificate.
You will know how they own the property based upon what the deed originally conveying the property says. If the deed is silent, state law assumes Tenants in Common.
Wiki User
∙ 14y ago
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Is there a time limit in Missouri to probate a will?
There is no specific time frame in Missouri. The estate has to be inventoried and appraised, the debts collected, taxes paid and the terms of the will meet.
Your parents and one of your brothers were on the deed to their house Parents died in 2005 and 2006 and brother just died in July 2009 How do you get the deed into your and the other brothers name?
Did they own the property as joint tenants? If so, the property would have gone to the last surviving joint tenant i.e. your brother. If he is now deceased, but owned real property you'll have to find out if he had a Will. In the Will did he bequeath the property to anyone in particular? If he had no will I believe that the it will have to go through Probate. I would contact your local Registry of Probate and find out what to do next. Good Luck.
Is there a difference between a will being admitted to probate court and a will being probated for instance you went with your brother to probate court but it was decided not to probate it?
Clarification is required as to why the will was not admitted to Probate. Was this because of a dispute between you and your brother or because the estate was so small that the court deemed it unnecessary.AnswerThere is no difference between a "will being admitted to probate court" and a "will being probated". A will admitted to probate court is being probated.However, as stated above, the will in your case was not admitted to probate court and so is not being probated. We cannot know the reason without more details. Your brother may have found it didn't require probate if the decedent didn't own property or he may have been put off by the cost of the filing. You need to ask him.
In the state of Missouri do all heirs of an estate need to be notified when a will is entered into probate?
All of the heirs must be informed and either sign off on the petition to enter into probate or they filer must show they have served legal notice of the probate process.
What is probate procedure when brother dies without will?
Answer: You must file a Petition to be appointed Administrator of his estate at the Probate court where he lived. The court will provide further instructions.
You live in IND. Your husband resided in MO for 7mos before his death. What state does the estate have to be form in for the MO real property and possessions?
You should consult with an attorney who specializes in probate law. Your husband's estate must be probated wherever he owned property in his own name. If he owned property in Indiana and Missouri, the initial probate would be filed in his usual place of residence which may be Indiana. If he also owned property in Missouri, you would need to file an ancillary probate in Missouri.
Does Missouri grant a spouse an elective share upon the death of their spouse?
Yes. See Missouri Uniform Probate Code section 474.160. See link provided below.
Can a 17 year old move from home of a legal guardianship and under Missouri probate court supervision?
Yep The 17 year old can be killed in missouri P.S. I love women
Do you have a right to attend probate hearings you are an hier to your brothers estate?
Yes. You should receive a notice that includes the date and time of the hearing.
What are the best colleges for becoming a probate judge?
To fulfill your dream to become a probate judge, here are a list of colleges you might want to consider attending: St Johns University - New York University of Missouri - Kansas City University of North Dakota
When two married brothers are grantees on a quit claim deed and one brother and his wife are dead who is legal owner of the property?
That all depends on how the property was titled, when it was purchased, whether you live in a community or separate property state and state laws of intestacy and probate. You need to add more details.
In Missouri are heirs entitled to know what other heirs received?
Probate records are public. Anyone can request the file and read through to see how the estate was distributed.
