Did you know your will becomes invalid one year after your death in Missouri? If no probate is filed in Missouri within one year of the testator’s death, the will cannot be probated. This means the estate may be treated as though the deceased died intestate (without a will), resulting in Missouri’s intestacy laws determining how the estate is distributed. This could lead to outcomes that don’t reflect the testator’s wishes and may create complications for beneficiaries and creditors.
The Consequences of Missing the One-Year Deadline
Failing to probate a will within the required timeframe can result in:
- Loss of Beneficiary Rights
Beneficiaries named in the will may lose their rights to inherit according to its terms. Instead, Missouri’s default intestacy laws will dictate how the estate is divided. - Creditors’ Claims
Creditors may also lose their ability to file claims against the estate, as state law imposes strict deadlines for such actions. - Family Disputes
Without a valid will, disagreements among family members and heirs may arise, leading to potential legal battles over the distribution of assets. - Bond Requirement
Executors of the estate may be required to post a bond if the will is not probated on time. This is often an unnecessary expense that could have been avoided by filing the will within the first year.
Should You File a Will If All Assets Avoid Probate?
Even if all of the decedent’s assets avoid probate through mechanisms like joint ownership or beneficiary designations, it’s still wise to file the will. Why? If an unknown asset is discovered after the one-year mark—such as an unclaimed bank account or real estate—the will can dictate how that asset is distributed. Without the will on file, that asset could be subject to intestacy laws, creating complications.
Take Action to Protect Your Estate
Missing the one-year probate deadline can lead to unintended consequences, including the application of intestacy laws and potential disputes among heirs. Acting promptly and filing the will is the best way to ensure that the decedent’s wishes are honored and the estate is managed effectively.
Consult an Attorney for Guidance
If you have questions about estate planning or the probate process in Missouri, consulting a qualified estate planning attorney is essential. They can provide the legal expertise needed to navigate this process and ensure that your estate is handled according to your wishes.
Don’t leave your family and loved ones unprotected—seek professional guidance to avoid costly mistakes and safeguard your legacy.
This post is for informational purposes only and does not provide legal advice. You should contact an attorney for advice concerning any particular issue or problem. Nothing herein creates an attorney-client relationship between True Estate Planning and the reader.
