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Probate
Probate
Guiding Families Through the Probate Process
When a loved one passes away, their estate may need to go through probate, a court-supervised process that determines how assets are distributed. Without the right legal guidance, probate can be lengthy, costly, and stressful for heirs and executors. Whether you’re navigating probate as a beneficiary or administering an estate as an executor, understanding the process is key to ensuring a smooth resolution.
At Danna McKitrick, we help families navigate the complexities of probate with efficiency and care. From filing necessary documents to resolving disputes, we ensure estates are settled properly and in accordance with the law.
What Is Probate, and When Is It Required?
Probate occurs when someone dies owning assets that do not have a designated beneficiary. Without proper estate planning, assets such as real estate, bank accounts, and personal property may require court approval before they can be transferred to heirs.
The probate process involves:
- Filing a Last Will and Testament (if one exists) with the probate court
- Appointing an executor or personal representative to manage the estate
- Identifying and valuing estate assets
- Paying outstanding debts, taxes, and expenses
- Distributing remaining assets to heirs
Because probate can take 9 to 12 months or longer, it’s essential to have experienced legal guidance to minimize delays, control costs, and ensure proper asset distribution.
Helping Executors and Families Navigate Probate
If you have been named as an executor or personal representative, you are responsible for managing and distributing the estate according to the will and probate law. The process can be overwhelming, especially when dealing with court requirements, legal paperwork, and potential disputes among heirs.
Our probate attorneys assist with:
- Filing probate petitions and required court documents
- Managing estate assets and debts to ensure legal compliance
- Resolving conflicts between beneficiaries to avoid costly litigation
- Handling tax obligations and final expenses before estate distribution
With legal support and strategic guidance, executors can fulfill their duties with confidence while avoiding common pitfalls.
How to Avoid Probate with Proper Estate Planning
Probate is often time-consuming and expensive, but it can be avoided with the right estate planning tools. While a Last Will and Testament provides instructions for asset distribution, it does not avoid probate. The most effective way to bypass probate is through a trust.
A properly structured trust allows assets to be transferred outside of probate, giving beneficiaries quicker access to their inheritance while avoiding unnecessary court intervention. Other probate avoidance strategies include:
- Designating beneficiaries on financial accounts, life insurance policies, and retirement plans
- Joint ownership with rights of survivorship, which automatically transfers property to the co-owner
- Payable-on-death (POD) or transfer-on-death (TOD) designations on bank accounts and real estate
By planning ahead, individuals can protect their loved ones from probate-related delays and costs.
Resolving Probate Disputes and Litigation
Unfortunately, estate administration can sometimes lead to family disputes over wills, asset distribution, or the actions of an executor. Our probate litigation attorneys represent clients in:
- Will contests involving allegations of undue influence or lack of capacity
- Disputes over estate administration, including mismanagement by an executor or trustee
- Heirship and beneficiary claims, ensuring rightful heirs receive their inheritance
When conflicts arise, we work to resolve disputes efficiently, either through negotiation or, when necessary, probate litigation.
Compassionate and Experienced Probate Guidance
Probate can be an emotional and complex process, but with the right legal support, families can navigate it smoothly. Whether you need assistance administering an estate, avoiding probate, or resolving disputes, Danna McKitrick provides the knowledge and experience to protect your interests.
Areas of Practice
Trusted
Expertise
Expertise
Danna McKitrick was founded on three core principles: practical guidance, complete service, and approachable counsel.
Today, those values have helped us grow into one of the most respected mid-sized firms in St. Louis, known for delivering strategic legal solutions with the depth of a large firm and the personal commitment of a trusted advisor.
Practical
We provide clear, realistic legal strategies designed for real-world success, combining insight with decisive action.
Complete
Our collaborative team approach ensures every challenge is met with the full strength of our diverse legal expertise.
Approachable
We build strong client relationships, serving as trusted advisors who are as invested in your success as you are.
Danna McKitrick is a mid-sized law firm delivering sophisticated, results-driven legal counsel across a wide range of practice areas. We provide strategic guidance to businesses and individuals, combining deep expertise with responsive service to achieve superior outcomes.
Contact
- Danna McKitrick, P.C.
- 314.726.1000
- info@dmfirm.com
-
7701 Forsyth Blvd., Ste. 1200
St. Louis, MO 63105
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