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Missouri Petition For Sale of Personal Property

Category:
Statewide - 16th Circuit-Jackson County - Probate
State:
Missouri
Control #:
MO-SKU-1124
Format:
Word
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Description

Petition For Sale of Personal Property
The Missouri Petition For Sale of Personal Property is a legal document that allows an individual or business to sell personal property, such as furniture, vehicles, or jewelry, in order to pay off creditors or satisfy other legal obligations. This document is filed with the court and serves as a request for the court to approve the sale of the personal property. There are two types of Missouri Petition For Sale of Personal Property: voluntary and involuntary. Voluntary petitions are filed when the debtor voluntarily wishes to sell personal property to pay creditors. Involuntary petitions are filed when a creditor is attempting to recover a debt from a debtor and is requesting the court to authorize the sale of the debtor’s personal property in order to satisfy the debt.

The Missouri Petition For Sale of Personal Property is a legal document that allows an individual or business to sell personal property, such as furniture, vehicles, or jewelry, in order to pay off creditors or satisfy other legal obligations. This document is filed with the court and serves as a request for the court to approve the sale of the personal property. There are two types of Missouri Petition For Sale of Personal Property: voluntary and involuntary. Voluntary petitions are filed when the debtor voluntarily wishes to sell personal property to pay creditors. Involuntary petitions are filed when a creditor is attempting to recover a debt from a debtor and is requesting the court to authorize the sale of the debtor’s personal property in order to satisfy the debt.

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FAQ

The court shall direct the delivery or transfer of the title or possession, or both, of said property to the person or persons entitled thereto and may attach the person of any party refusing to make delivery as directed.

What Is a Small Estate Affidavit? In Missouri, a small estate comprises property valued at $40,000 or less (after debts are paid) when the owner passes on.

96.01. Owners of interests in land in joint tenancy or tenancy in common, including estates in fee, for life, or for years, may bring an action for partition, if the same can be done without great prejudice to the parties in interest, and, if not, then for a sale of the property, and a division of the proceeds thereof.

Small estates that have over $15,000 in assets require notice to be published in the paper, while estates with less than $15,000 require no such notice. Additionally, a small estate affidavit can be filed with a Missouri probate court at any time, even more than one year after the date of death.

Missouri requires that an estate be over $40,000 in order to go through a standard probate process. Otherwise, it will undergo a simplified probate process. Wills and testaments must be filed within one year of death with the Probate Division of the Circuit Court.

These may include: a copy of the death certificate of the decedent; if the decedent had a will, a copy of the will, and proof that it has been filed with the local probate court; and signed statements of consent from heirs or beneficiaries agreeing to the small estate affidavit process.

You must wait at least 30 days after death to file a Small Estate Affidavit in Missouri. In most Missouri Courts the filing fee is $65, and, of course, you will need to pay for the publication, and for your lawyer.

No probate estate can have been opened, commenced, or administered. All of the legal heirs (as specified under Missouri law) and each of the heirs' spouses must be in agreement and willing to cooperate.

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More info

(a) A sale of estate personal property shall be reported to the court. Sec. 1158.102. REQUIREMENTS FOR APPLICATION AND ORDER.Neither the County Clerk nor the Court have forms for the application and other documents necessary for the creation of a guardianship. Effective September 1, 2003, all outstanding documents of title are considered to be Statements of Ownership. Application for Statement of Ownership Blocks 1 (check "Used" under "Personal Property. Transaction"), 2, 3, 4b, 6 and 10b. Many wills break the estate down into "tangible personal property" and "residue. A. Real property, real estate, and land. The land and all buildings, improvements, fixtures, and rights and privileges connected with the land . The probate court figures out who gets what property.

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