Probate and Trust Administration

Mark Weaver Law
P.O. Box 418
Salem, Missouri 65560
Phone: (573) 729-3127

When a person dies owning property in his/her name, it may be necessary to initiate a decedent's estate administration through the Probate Division of the local Circuit Court, whereby a "Personal Representative" is appointed by the Court to administer the estate.

In any probate administration, it is imperative that the person appointed by the Court as a Personal Representative fully understand his/her duties and obligations and comply with all applicable law and orders of the Court. Without proper legal counsel, the estate's representative can quickly find himself/herself in an unenviable circumstance. Failing to properly perform his/her duties can, and sometimes does, result in unnecessary conflict, damaged relationships, removal, or personal assessment for amounts found to be due the estate.

In other circumstances, if a person becomes incompetent during his/her lifetime and owns property, it may be necessary to initiate a conservatorship proceeding through the Probate Division of the local Circuit Court in order to preserve and manage the person's property. In such cases, the Court will appoint a "Conservator" to take charge of and administer the property of the incompetent person, all under the continuing supervision of the Court. Again, proper legal representation is often imperative in the appointment of a Conservator and the management of a conservatorship estate.