Probate Avoidance in Missouri

Keeping Your Assets Out of Probate 

By: Joseph Piatchek

At the Piatchek Law Firm, LLC, our Springfield, Missouri Estate Planning Attorneys Kara L. Breshears and Joseph J. Piatchek have advised thousands of clients on how to avoid Probate Court, and truly understand the tools available to do avoid probate - Revocable Living Trusts, Payable on Death (POD) Designations, (TOD) Transfer on Death Designations, Beneficiary Deeds, and other non-probate transfer techniques.  

But first, let's be honest.  You have heard of Probate, and have been told you need to avoid it.  However, do you really know why you need to avoid Probate?  Do you know what Probate Court is?  Most people do not know, and many don't want to know.  In the event you would like to know more about Probate, then we encourage you to read our both our introductory Probate page, as well as our page on the different types of Probate estates.

Why Avoid Probate

The probate process costs money (sometimes a great deal of money). It takes a significant amount of time to complete (often a year, sometimes more). It is not a private process; probate court records are public knowledge, and assets that are being probated are like a sitting duck for any outstanding creditors – they simply file a claim with the Probate Court and will likely get paid.  Probate can also be confusing, cumbersome, and time consuming.  So if it's possible to avoid probate, the question is - why wouldn't you want to avoid probate? Probate Court can be totally avoided with the help of an experienced will and trust lawyer, and some thoughtful estate planning – two things we certainly offer at our firm.

At The Piatchek Law Firm, LLC, we help people to avoid probate and in the process help them save their loved ones the costs, delays and indignities of public probate proceedings. If you would like to learn more about how you can avoid probate, our attorneys would be happy to meet with you in person or by phone, evaluate your situation, and explain the options available to you.  Many estate planning, will and trust services are also provided at a reasonable, flat fee.

For quality Estate Planning services throughout Missouri, including in our home town of Springfield, call us at417-882-5858 or contact us to schedule a consultation.

Estate Planning Tools You Can Use to Avoid Probate

Used together, the estate planning tools described below can help most people accomplish their goal of avoiding probate.

  • Living trusts: by establishing a revocable living trust, you can retain control of assets during your lifetime while ensuring a smooth, non-probate distribution of those assets to intended beneficiaries when the time comes. 
  • Beneficiary deeds: a Beneficiary Deed is a type of Missouri Real Estate Deed can be used to transfer homes and other real property assets, upon the death of the owner, without having to go through probate, and without having to jointly title such property with children, spouses, or other intended beneficiaries while the owner is still alive.

  • Transfer on death designations / payable on death designations: essentially, these tools allow you to transfer large amounts of money, real estate, stocks and even vehicles outside of the probate process.  However, there are limitations on what a person can do, or should do, with these simple designations, and experience is very helpful in setting up these types transfer on death / payable on death designations.

Missouri Estate Planning Attorneys and Probate Attorneys

Serving all of Missouri 

Let us help you take care of your will, trust, and estate planning concerns today. Call us at 417-882-5858 or contact us online to set up a confidential consultation.  We offer free initial consultations for estate planning matters and may be available for evening and weekend appointments, on a case by case basis. We also may be able to arrange a home visit or community visit if you are unable to travel to our offices.

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The Piatchek Law Firm, LLC, serves Springfield and southwest Missouri, including Greene County, Christian County, Taney County, Stone County, Marshfield, Buffalo, Fordland, Bolivar, Republic, Rogersville, Fremont Hills, Strafford, Willard, Battlefield, Highlandville, Nixa, Ozark, Brookline, Billings, Clever and Mt. Vernon, MO.

* The choice of a lawyer is an important decision and should not be based solely upon advertisements. Neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialist designations. Certain cases may be referred, or may involve outside co-counsel arrangements, in which event you would be notified.