If a probate proceeding was not filed within one year after decedent’s death, and it later is discovered that decedent held assets to which beneficiaries are entitled, the statutes permit filing a “petition to determine heirship.”
RSMO 473.663 states that if a person died leaving assets and no administration of the estate has been commenced within one year after the date of decedent’s death, then any person with an interest in such property may file a petition to determine the heirs of the decedent and their respective interests in the estate.
The Petition to Determine Heirship involves:
- Filing the petition after notifying all necessary parties
- The Probate Division will hold a hearing on the Petition
- The Probate Division will issue a decree naming the person or persons entitled to the property and their respective interest in the property as heirs or successors in interest to such heirs
If you need help navigating through the probate process or avoiding probate entirely, Contact Us at the Law Offices of Stephen J. Hoffmann.