Detailed Answer
This FAQ explains, in simple steps, how to apply to be appointed the personal representative (sometimes called executor or administrator) of a deceased relative’s estate in Missouri. It is written to help someone with no legal background understand the basic process, what paperwork you likely must file, who has priority for appointment, and what duties the court will expect from the personal representative.
1) Who can be appointed as a personal representative in Missouri?
If the decedent left a valid will, the person named as executor in the will is usually entitled to appointment. If no will exists (intestate) or the named executor is unavailable or unsuitable, Missouri law gives priority to certain relatives and interested persons. Courts generally prefer an adult who is willing and able to serve. For the statutory rules that govern probate, see Missouri’s probate statutes: RSMo Chapter 474 (Wills, Trusts, and Administration).
2) What forms and documents do I typically need to file?
- Original death certificate.
- Original will (if one exists).
- Petition or application to open probate and to appoint a personal representative (called a “Petition for Probate” or “Application for Letters” in many counties).
- A verified list of heirs or beneficiaries and their addresses (if required by the local court).
- Any applicable receipt for filing fees, and a proposed Order appointing you as personal representative.
- Bond paperwork, if the court requires a bond (insurance to protect the estate). A will can waive bond, or the court may set or waive bond based on circumstances.
County probate courts provide the exact forms and local instructions. Start at the Missouri Courts website (courts.mo.gov) or contact the probate division of the county where the decedent lived.
3) Where do I file the paperwork?
File the petition in the probate division of the county court in the county where the decedent was domiciled (lived) at death. If the decedent owned real estate in another Missouri county, the court may need to coordinate that asset, but the primary probate is normally in the decedent’s county of residence.
4) What happens after I file (overview of the court process)?
- Filing and review: The court clerk reviews the petition and attached documents.
- Notice to interested parties: The court will require notice to heirs and beneficiaries and may require publication to notify unknown creditors. Missouri statutes and local rules govern notice procedures; follow the court’s instructions closely.
- Appointment hearing (if required): Some uncontested probate filings are handled administratively and the clerk issues letters after review; other cases require a hearing where the judge issues an appointment order.
- Issuance of Letters: If the court approves your appointment, it issues Letters Testamentary (if there was a will) or Letters of Administration (if no will). These letters are your official authority to act for the estate—open bank accounts, transfer assets, settle debts, and distribute property under court supervision.
5) What are the key duties of a Missouri personal representative?
After appointment, the personal representative must:
- Identify, secure, and value estate assets (prepare an inventory as required by the court).
- Provide notice to creditors and pay valid debts and expenses of administration.
- File estate income and fiduciary tax returns and pay taxes owed.
- Manage estate assets responsibly while administration is pending.
- Distribute remaining assets to beneficiaries according to the will or Missouri intestacy laws.
- File a final accounting and petition for discharge when administration is complete.
Missouri probate statutes and local court rules set deadlines and specific duties. See RSMo Chapter 474 for statutory guidance.
6) What if the estate is small—can I avoid formal probate?
Missouri provides simplified procedures for small estates or for collecting certain assets without full probate (for example, small estate affidavits or transfer on death designations). The dollar limits and procedures change occasionally, so check current rules or ask the county probate clerk whether the estate qualifies for a simplified process that avoids full formal administration.
7) How long does the appointment and administration take?
Appointment often takes a few weeks to a few months depending on whether the estate is contested, whether notice and publication are required, and how quickly you gather documentation. Full administration can take many months to more than a year if taxes, claims, or complex assets (real estate, business interests) are involved.
8) When should I hire an attorney?
Consider consulting an estate or probate attorney if:
- The will is contested or unclear.
- There are many creditors, business or tax issues, or out-of-state assets.
- You need help preparing required court documents or accountings.
- You are unsure about bond requirements, fiduciary duties, or potential personal liability.
Helpful official resources
- Missouri Revised Statutes (Wills, Trusts, and Administration): RSMo Chapter 474
- Missouri Courts (information about probate and how to contact local courts): courts.mo.gov
Helpful Hints
- Contact the county probate clerk first. They can tell you which forms the local court requires and whether an appointment hearing is likely.
- Bring the original death certificate and original will (if one exists) when you file. Photocopies may be required for the court file, but the court often wants to see originals first.
- Prepare a simple inventory of assets before filing—bank accounts, real estate, vehicles, life insurance, and any safe-deposit boxes—this speeds up the process.
- Tell beneficiaries and obvious heirs you are filing. Early communication reduces surprises and decreases the chance of disputes.
- Ask whether the court requires a bond and how the amount is calculated. A will sometimes waives bond; otherwise, the court may require one to protect creditors and beneficiaries.
- Keep careful records. Save receipts, statements, and correspondence. You’ll need them for the inventory, accounting, and eventual distribution.
- If the estate appears to be simple (cash assets under the small-estate threshold), ask about a small estate affidavit or other informal procedures as a faster, cheaper alternative to formal probate.
- Consider an initial consultation with a probate attorney even if you plan to do most tasks yourself. A short consult can clarify duties and risks and may prevent costly mistakes.