Probate Law in Pulaski County

When a loved one passes away, his or her estate often goes through a court-managed process called probate, where the assets of the deceased are managed and distributed. If your loved one held assets through a well-drafted and properly funded living trust, court-managed administration likely isn’t necessary, though the successor trustee still needs to administer the distribution of assets. How long the probate process takes depends on the size and complexity of the estate and the local probate court’s schedule.

We handle matters related to settling your loved one’s estate in court. Estate and trust administration can feel overwhelming, and we’re here to explain your responsibilities and guide you through each step, making the process as clear and efficient as possible.

We also represent clients in guardianships and conservatorships, helping them protect the people they love when those people can no longer care for themselves. Our work in this area often involves people facing physical and mental illness, alcoholism, and addiction.

When disputes arise during estate administration, the matter may require probate litigation before the Pulaski County Circuit Court. David Lowe has practiced probate law in Waynesville since June 1997 and is prepared to represent clients through contested estate and trust matters, whether they resolve through negotiation or proceed to trial. We offer free initial consultations by phone, at our office, or virtually.

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Types of Probate Litigation in Missouri

Probate litigation covers a range of contested matters that arise during estate and trust administration. Before initiating any proceeding, a party must have legal standing, meaning a direct pecuniary interest in the outcome of the dispute. The Missouri Circuit Court has jurisdiction over these contested proceedings. Below are the most common dispute types our Pulaski County clients encounter.

Will Contests

A will contest challenges the validity of a will on grounds such as lack of testamentary capacity, undue influence, fraud, duress, or improper execution. Missouri’s will contest statute is found at Section 473.083 RSMo. When a will contest succeeds, the court denies probate of the challenged document, and the estate passes under Missouri’s intestate succession laws, governed by Mo. Rev. Stat. § 474.010. Missouri also recognizes a presumption of undue influence when a confidential or fiduciary relationship existed between the testator and a beneficiary who received a substantial bequest and actively procured execution of the will.

Breach of Fiduciary Duty

The personal representative, sometimes called the executor, is held to a high standard of care as a fiduciary. Failure to meet that standard can give rise to a breach of fiduciary duty claim, potentially leading to removal of the personal representative, fines, and an order of restitution to the estate.

Trust Disputes

Trust disputes may involve challenges to trust validity, disagreements over the interpretation of trust provisions, or allegations of trustee mismanagement or breach of fiduciary duty. These matters are heard in the Missouri Circuit Court and can run parallel to estate administration proceedings.

Spousal Elective Share Claims

Missouri law protects surviving spouses from disinheritance. Under Mo. Rev. Stat. § 474.160, a surviving spouse may elect to receive one-third of the estate if the decedent had lineal descendants, or one-half if there are none. This right exists regardless of what the will provides.

Guardianship & Conservatorship Disputes

Guardianship and conservatorship disputes may involve disagreements over appointment, allegations of mismanagement by an existing guardian or conservator, or petitions to remove or modify an existing arrangement. These proceedings require the same standing and procedural steps as other contested probate matters.

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Probate Litigation Attorney in Pulaski County

Contested estate and trust matters are time-sensitive. Delays can affect a beneficiary’s standing, allow evidence to disappear, or let an estate be distributed before a dispute is resolved. Lowe Dreesen Miller brings over 30 years of courtroom experience in Missouri, including civil and estate litigation, to every case we take on in Pulaski County.

David Lowe concentrates his practice on Probate Law, Civil Law, Wills, Trusts, and Estate Planning and has practiced in Waynesville since June 1997. That local presence matters in Pulaski County probate disputes, where familiarity with the Circuit Court and its procedures can affect how a case moves. We’re trial-ready and willing to take contested estate matters through to courtroom resolution when that’s what a case requires.

Lowe Dreesen Miller has been voted “The Best of the Best” 11 times by Pulaski County citizens through the Daily Guide. We offer lower fees than most competitors in the region, and our team is larger than most law firms in this circuit. Bill Hardwick, Of Counsel at our firm, serves as State Representative for Missouri’s 121st Legislative District, a reflection of the deep roots Lowe Dreesen Miller has in central Missouri. Whether your matter resolves through negotiation, mediation, or trial, our attorneys are prepared for all three outcomes.

Schedule a Free Consultation with a Pulaski County Probate Litigation Lawyer

If you’re facing a will contest, a breach of fiduciary duty, a trust dispute, or another contested estate matter, speaking with a probate litigation attorney in Pulaski County early can help protect your options. We offer free initial consultations by phone, at our office, or virtually, and we’re available 24/7.

Contact Lowe Dreesen Miller today at (573) 888-8888 to schedule your free consultation.

How Probate Litigation Works in Missouri

Understanding the litigation process helps clients make informed decisions about whether and when to act. Each stage carries procedural requirements, and missing a deadline or failing to establish standing early can limit the remedies available.

Establishing Standing

Before filing any probate litigation claim, a party must demonstrate standing, meaning a direct pecuniary interest in the outcome of the dispute. An heir, beneficiary, or creditor of the estate typically qualifies; a party with only a general or speculative interest does not.

Investigation & Fact-Gathering

The process typically begins with a thorough review of estate documents, financial records, and trust instruments, along with witness interviews. This early investigation shapes the legal theory and identifies the evidence needed to support the claim.

Filing with the Circuit Court

The initiating party files a petition or complaint with the Missouri Circuit Court, which must be served on all interested parties, including the personal representative and the beneficiaries of the estate or trust.

Discovery

During discovery, both sides exchange information through interrogatories, document requests, and depositions. In will contest and breach of fiduciary duty cases, discovery often focuses on the testator’s mental state, the circumstances surrounding document execution, and the personal representative’s handling of estate assets.

Mediation & Settlement

Many Missouri probate disputes are resolved through negotiation or mediation before reaching trial, and a court may also order mediation. Settlement can reduce the time and cost added to the overall estate administration process, though the appropriate resolution depends entirely on the facts of each case.

Trial & Post-Trial Options

If the matter proceeds to trial, it may be heard by a judge or jury depending on the nature of the dispute. Post-trial motions and appeals to a higher court remain available to either party. Probate litigation can slow the estate administration process and add expense; early legal intervention can help manage both.

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