Probate Litigation and Administration Attorney in Missouri

Probate and estate matters often arise during some of the most difficult moments in a family's life. Whether a loved one has passed away, an adult or minor requires court protection, or a dispute has developed over a will or trust, these cases demand careful legal guidance and decisive action.

Our firm represents clients in Missouri probate courts including in the following areas: estate administration; guardianship and conservatorship proceedings; and contested trust and estate litigation. We assist individuals, families, fiduciaries, and interested parties in navigating complex legal issues with clarity and purpose.

Decedent Estate Administration

When a person passes away, their estate may require court supervision to properly marshal assets, pay debts, and distribute property. Estate administration can become especially challenging when disputes arise among heirs or beneficiaries.

We represent:

• Personal representatives and executors
• Heirs and beneficiaries
• Interested parties in contested estate matters

Our work includes opening estates, guiding fiduciaries through their duties, resolving creditor claims, collecting and completing inventories of assets, liquidating/selling both real and personal property, and addressing disputes that may delay or complicate administration.

Guardianship and Conservatorship (Adults and Minors)

Guardianship and conservatorship proceedings are designed to protect individuals who are unable to care for themselves or manage their financial affairs. These cases are often emotionally charged and legally complex.

Adult Guardianship and Conservatorship

We represent petitioners, family members, and respondents in proceedings involving adults with diminished capacity due to age, illness, injury, or disability. Our representation includes contested hearings, capacity disputes, and ongoing court supervision matters.

Minor Guardianship and Conservatorship

When a minor requires court-appointed protection, we assist families in establishing guardianships and conservatorships to ensure the child's personal and financial needs are met under Missouri law.

Trust and Estate Disputes

Disputes involving wills and trusts can arise for many reasons, including questions about capacity, undue influence, fiduciary misconduct, or unclear estate documents.

We handle litigation involving:

• Will contests
• Trust interpretation and enforcement
• Claims of undue influence or lack of capacity
• Disputes among beneficiaries

These matters require both technical probate knowledge and strong litigation skills.

Fiduciary Litigation

Executors, trustees, guardians, and conservators owe strict duties to the individuals and estates they serve. When those duties are breached, affected parties may have the right to seek court intervention.

We represent clients in fiduciary litigation involving:

• Mismanagement of estate or trust assets
• Failure to account
• Self-dealing or conflicts of interest
• Removal of fiduciaries

Our goal is to protect beneficiaries and ensure fiduciaries are held accountable under Missouri law.

Mediation in Probate Matters

Many probate and estate disputes benefit from early resolution through mediation. We represent clients in mediation involving estate, trust, guardianship, and fiduciary disputes, helping clients pursue efficient resolutions while protecting their legal position if litigation becomes necessary.

Involuntary Civil Commitment and Missouri SVP Matters

We represent clients in serious proceedings involving involuntary civil commitment, such as 96-hour holds, 21-day (and longer) detention hearings, and cases arising under Missouri's Sexually Violent Predator (SVP) statute. These cases involve significant liberty interests and require careful handling, experienced advocacy, and familiarity with Missouri's statutory framework. We are among the few law firms in Missouri with jury trial experience in SVP cases, and significant experience in contested civil detention matters involving mental illness. 

Representation Throughout Missouri Probate Courts

Probate, guardianship, and estate disputes often involve long-term court oversight and ongoing legal obligations. We guide clients through each stage of the process with clear communication and strategic planning.

Speak With a Missouri Probate & Estate Attorney

If you are involved in an estate administration, guardianship, conservatorship, or trust dispute—or anticipate that litigation may be necessary—early legal guidance can make a significant difference.

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Frequently Asked Questions About Probate, Estate Administration, and Probate Litigation in Missouri

What is probate?

Probate is the court-supervised process of administering a deceased person's estate. Depending upon the circumstances, probate may involve proving a will, appointing a personal representative, paying debts and taxes, collecting assets, resolving disputes, and distributing property to beneficiaries or heirs. The Probate court also has jurisdiction over matters such as guardianship, conservatorship, and involuntary civil commitment cases. 

Does every estate have to go through probate?

No. Some assets pass outside of probate by operation of law, such as jointly owned property, payable-on-death accounts, transfer-on-death deeds, beneficiary-designated retirement accounts, and properly funded trusts.

How do I know if probate is necessary?

Whether probate is required depends upon the type of assets owned by the deceased, how those assets were titled, and their value. An attorney can often determine this after reviewing a list of assets.

How soon after someone dies should probate be opened?

Although every situation is different, it is generally best to address probate issues promptly. Delays can create unnecessary complications involving creditors, financial institutions, taxes, real estate, and beneficiaries.

What happens if someone dies without a will?

If a person dies without a valid will, Missouri's intestacy laws determine who inherits the estate. Those laws establish a priority among spouses, children, parents, siblings, and other relatives.

What is the difference between an executor and a personal representative?

In Missouri, the court appoints a "personal representative" to administer the estate. When there is a valid will, that individual is often the person nominated by the deceased and commonly referred to as the executor.

What are the responsibilities of a personal representative?

A personal representative has fiduciary duties that generally include:

• Identifying estate assets

• Protecting estate property

• Paying valid debts

• Filing required court documents

• Providing required notices

• Accounting to beneficiaries

• Distributing assets according to the will or Missouri law

Can I serve as personal representative if I live in another state?

Possibly. Missouri law permits certain non-residents to serve, although additional legal requirements may apply.

Can beneficiaries remove a personal representative?

Yes. Under appropriate circumstances, the Probate Court may remove a personal representative who breaches fiduciary duties, fails to perform required responsibilities, mismanages estate assets, or otherwise becomes unsuitable to continue serving.

How long does probate usually take?

Every estate is different. Simple estates may be completed relatively quickly, while estates involving litigation, real estate, tax issues, creditor claims, or family disputes can take considerably longer.

Can an estate be settled without going to court?

Some estates qualify for simplified procedures under Missouri law. Others may avoid probate entirely through proper estate planning completed before death.

What is a Small Estate Affidavit?

Missouri law provides a simplified procedure for certain qualifying estates that meet statutory requirements. A Small Estate Affidavit can often reduce the time and expense associated with formal probate administration.

What happens if someone is hiding estate assets?

Personal representatives and beneficiaries may have legal remedies to recover concealed or improperly transferred assets. Probate courts have authority to address many disputes involving estate property.

Can someone steal from an estate?

Unfortunately, yes. Financial exploitation sometimes occurs before or after a person's death. Depending upon the facts, civil and criminal remedies may be available.

What if I believe a will is invalid?

A will may be challenged under limited circumstances, including allegations involving lack of testamentary capacity, undue influence, fraud, duress, or improper execution. These cases are highly fact-specific and should be evaluated promptly.

What is undue influence?

Undue influence occurs when someone improperly pressures or manipulates another person into making estate planning decisions that do not reflect the person's true wishes.

Can I contest a trust?

Yes. Missouri law permits challenges to trusts under certain circumstances, including lack of capacity, undue influence, fraud, improper administration, or breaches of fiduciary duty.

What is probate litigation?

Probate litigation includes contested matters such as will contests, trust disputes, fiduciary litigation, contested accountings, removal of personal representatives, disputes among beneficiaries, and actions involving estate assets.

What is a fiduciary duty?

A fiduciary owes the highest duty of loyalty, honesty, good faith, and care to those whose interests the fiduciary represents. Personal representatives, trustees, conservators, and guardians all owe fiduciary duties.

Can a trustee be removed?

Yes. Missouri courts may remove a trustee who breaches fiduciary duties, fails to administer the trust properly, becomes incapable of serving, or otherwise jeopardizes the interests of beneficiaries.

What if a trustee refuses to provide information?

Trust beneficiaries are often entitled to receive information concerning trust administration. If a trustee refuses to provide required information or accountings, legal action may become necessary.

What is an accounting?

An accounting is a detailed report showing receipts, disbursements, investments, distributions, and other financial transactions involving the estate or trust.

Can beneficiaries demand an accounting?

Frequently, yes. Missouri law often permits beneficiaries to obtain information concerning the administration of estates and trusts.

What happens if family members disagree?

Family disagreements are common during probate administration. Many disputes can be resolved through negotiation or mediation, while others require court intervention.

What is a guardianship?

A guardianship allows a court-appointed guardian to make personal decisions for a minor or an adult who lacks legal capacity to make those decisions independently.

What is a conservatorship?

A conservatorship authorizes a court-appointed conservator to manage the financial affairs and property of an individual who is unable to do so.

What is the difference between a guardian and a conservator?

A guardian generally makes decisions regarding a person's care, health, and living arrangements. A conservator manages money, property, investments, and financial affairs.

Can a guardianship be challenged?

Yes. Interested persons may object to the appointment of a guardian or conservator or seek modification or termination when circumstances change.

What happens if an elderly parent is being financially exploited?

Missouri law provides legal remedies in appropriate circumstances. Prompt action may be necessary to protect assets and prevent additional losses.

Can siblings dispute an inheritance?

Yes. Disagreements among siblings frequently arise regarding wills, trusts, gifts, caregiver influence, fiduciary conduct, and the distribution of estate assets.

Do I need a lawyer to administer an estate?

Although Missouri law does not require an attorney in every circumstance, probate administration often involves complex legal obligations. Mistakes can expose personal representatives to personal liability.

What documents should I bring to my first meeting?

If available, bring:

• The death certificate

• The original will or trust

• Deeds

• Bank statements

• Investment account information

• Insurance policies

• Lists of heirs and beneficiaries

• Any correspondence relating to the estate

How much does probate cost?

Costs vary depending upon the size of the estate, the complexity of the administration, whether litigation is involved, and the services required. During your consultation, we will explain anticipated fees and available options.

What if I have been named in a will but have received no information?

Beneficiaries often have legal rights to receive information concerning the administration of an estate. If communication has stopped or information is being withheld, legal counsel may help protect those rights.

Can probate disputes be settled without a trial?

Yes. Many probate disputes are resolved through negotiation, mediation, or settlement conferences. However, when settlement is not possible, experienced courtroom representation becomes essential.

Why should I hire Beal & Whitener LLP for a probate matter?

Probate matters often involve much more than filing paperwork. They frequently require careful legal analysis, courtroom advocacy, and practical guidance during emotionally difficult circumstances. At Beal & Whitener LLP, we represent executors, administrators, trustees, beneficiaries, heirs, guardians, conservators, and families throughout Missouri in both routine probate administration and contested probate litigation. Whether you are administering an estate, protecting an inheritance, challenging a fiduciary's conduct, or resolving a family dispute, we are committed to helping you navigate the probate process with clarity, professionalism, and experienced legal representation.