Request For Independent Administration

[Cindy44]

What is the name of your state (only U.S. law)? Missouri


I have posted some questions recently regarding my uncle as executor of my parents will. We will not know much more until the inventory is completed in a couple of weeks by my uncle as to what he claims is assests in my parents corperation and personal estate.

What is a Request For Independent Administration and could this keep my mother's estate out of probate? She did have a will but the estate still has to go through probate according to the lawyer.

Is there anything we can do or file with the court to keep this out of probate if my sister and I both agree on how the property is divided. I'm sure my parents did not know the will they had an attorney write, was not sufficient to keep their estate out of probate.

 

[anteater]

Is there anything we can do or file with the court to keep this out of probate if my sister and I both agree on how the property is divided.

No. Probate is the process whereby a will is adjudged legally valid by the court and someone is given the legal authority to act on behalf of the decedent's estate. Without probate, the will is only an expression of the decedent's wishes and nobody has legal authority to deal with the decedent's assets.

Unless your mother had created a trust, placed assets in joint ownership with right of survivorship, and/or designated transfer on death or pay on death beneficiaries for most assets, the only alternative to probate is for very small estates, which can be handled through a small estate affidavit. In Missouri, the maximum value of the estate assets that can be handled through a small estate affidavit is $40,000.

What is a Request For Independent Administration and could this keep my mother's estate out of probate?

Once again, no. Independent Administration is contrasted with Supervised Administration. Supervised Administration means that the court plays a much larger role during the estate administration. You would have to check with an MO attorney for details, but, generally, in a supervised estate, the personal representative needs the approval of the court for many, if not all, specific transactions. With independent administration, the personal representative, once the will is admitted and the PR is appointed by the court, is permitted to administer the estate without constant court overview.

Generally, a supervised administration costs more and takes longer.

 

[Cindy44]

Generally, a supervised administration costs more and takes longer.[/QUOTE]

Thank you for the information. I think my parents must not have known this would all go to probate because they were very private people who would never had wanted their lives and assets to end up in a public court setting. I have sure learned a lot by this experience when making our wills for our children.