Probate Estate and Trust Termination                                                          Call: (636) 532-9933

What is Probate?

Probate is a court supervised procedure by which a will is proved to be valid or invalid. In the event that a person dies without a will, a court will determine who is entitled to inherit an estate through the probate process. At that time, the statutes of the State of Missouri will control who is to receive property.

Whether a person dies with a will or without a will, a judge sitting in a probate court determines who is responsible for administering a decedent's estate. In addition, during the probate process, the court supervises the collection and distribution of assets, as well as the satisfaction of a decedent's debts.

The probate process includes:

The cost of probate is expensive and is determined by Missouri Law.

Please contact us for more detailed information about Probate Court or for a free consultation.

What's so bad about Probate?

1) MONEY - It is expensive. Lawyer and Personal Representative (executor) fees and other costs must be paid before your assets are distributed to your heirs. Fees and costs can be 6 to 8% of an estate's value. View schedule of probate fees in Missouri
2) TIME - It takes anywhere from 9 months to 2 years. For some of this time, assets are usually frozen so an accurate inventory can be taken. So that, no assets can be distributed or sold without court and/or executor approval. Your heirs can’t “get on with their lives” without awaiting the end of a slow process.
3) PUBLICITY - Probate Court is a public process, so anyone can open the court file and see what assets you owned, your bank account numbers and balances and who you owed money to.
4) CONTROL - Your family has no control. The probate court process determines how much it will cost, how long it will take, and what information is made public.

Photo of a will, gavel and law book.

Trust Termination Services

The process of terminating a revocable living trust upon a death is the reverse of the creation of the revocable living trust.

We will assist you or your successor trustee in all of the procedure. The successor trustee (who you have named) acts like a personal representative would have in a probate estate.

First, the trustee will collect and value the assets held in the trust (or put into the trust after the death occurs, such as life insurance or IRAs).

We will complete the "inventory and appraisement." This is done to determine if an estate tax is due. It is also done to make sure all assets have been located and all bills (creditor's claims) have been paid.

While this is happening, we will also send notice of the death to the beneficiaries and to potential creditors (medical providers, funeral homes, etc.). This starts a statutory time period that creditors can make claim against the trust for payment.

After the inventory and appraisement is complete, we will determine if an estate tax is due and payable. If so, the necessary forms will be prepared, filed, and the tax paid.

Once the creditors claim period has expired and the estate tax return has been accepted, then the trustee is ready to make distribution according to the directions contained in the revocable living trust.

This complex process of winding up and terminating a revocable living trust is very similar to the probate process. The main difference is that the trust administration is handled privately by the trustee, while the probate administration is done under the supervision of the probate court. We provide assistance all the way.


Call: (636) 532-9933

~ Serving clients in Chesterfield, Town & Country, Ballwin, Wildwood, Ellisville, Creve Coeur, Des Peres, St. Charles, Eureka, Kirkwood, Ladue, St. Peters, O'Fallon, Weldon Spring and other communities in the St Louis Metro area. ~