Q: I live in Missouri, and I am named as the personal representative in my deceased mother’s will. She left her house to
me and my brother. (We are 2 of 4 siblings.) A Beneficiary Deed in my brother’s and my name was filed with the county back in the 80’s when she created her will. The house was subsequently condemned due to a foundation problem and demolished. Ultimately, the lot was put up for sale in the County property tax auction. (Someone placed a successful bid in August 2018, but the property has yet to changed hands and it’s unclear whether or when it will.) Do I have to file my mother’s will, considering there is nothing in the estate to distribute? There are still debts against the estate, such as it is, but no money to pay those debts (a demolition lien and a back taxes lien on the property). My mom was on Medicaid at the time of her death. My spouse and I supported her. Is it legal in Missouri for me to not go to the bother of filing her will? Or do I need to file it but maybe not open probate since there’s nothing to probate except old clothes and some furniture? Thanks so much!
A: Generally speaking, in Missouri, no probate has to be filed in the total value of the deceased's estate is under $30,000. If that is the situation with your mother it is not likely you need to probate her estate. You should consult with an attorney and go over the details of your mother's estate in order to be sure.
Nina Whitehurst agrees with this answer
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