What Happens to a House in Probate in Missouri?
When a homeowner dies, their property typically enters the Missouri probate process. Understanding what happens to a house during probate — and how to navigate the process — can save heirs significant time and money.
The Missouri Probate Process Overview
Probate is the court-supervised process of distributing a deceased person's estate. In Missouri, probate is handled by the circuit court in the county where the deceased lived. The process involves validating the will, appointing an executor, identifying and valuing assets, paying debts and taxes, and distributing remaining assets to heirs.
What Happens to Real Estate During Probate
Real estate owned solely by the deceased person becomes part of the probate estate. The executor has authority to manage the property during probate, which includes maintaining it, paying property taxes, and keeping insurance current. The executor can petition the court to sell the property during probate if needed.
Can You Sell a House During Probate?
Yes. The executor can petition the probate court for permission to sell real estate. The court will typically require an appraisal and may require that the property be listed for a minimum period. Once court approval is obtained, the sale can proceed. Cash buyers are often preferred in probate sales because they can move quickly and don't require repairs.
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Properties That Bypass Probate
Not all real estate goes through probate. Property held in a living trust, jointly owned property with right of survivorship, and property with a transfer-on-death deed can bypass probate entirely. If the deceased owned property in a trust, the trustee can sell it without court involvement.
How Long Does Probate Take in Missouri?
Missouri probate typically takes a minimum of six months, as creditors must be given time to file claims. More complex estates, or those where the will is contested, can take a year or more. Working with an experienced probate attorney and a cash buyer can help expedite the process once court approval is obtained.
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