How a beneficiary can ask the probate court for an accounting of estate assets in Missouri
Disclaimer: This article is educational only and is not legal advice. If you need legal advice about a specific probate matter in Missouri, consult a licensed Missouri probate attorney.
Detailed Answer — Your right to an accounting under Missouri law
Yes. Under Missouri law, beneficiaries, heirs and other interested persons can ask the probate court to require a personal representative (executor or administrator) to provide an accounting of estate assets, receipts, disbursements, and distributions. Missouri’s probate statutes set out procedures for inventories, accounts, and the court’s supervision of administration. See Missouri Revised Statutes, Chapter 473 (Estates of Deceased Persons) and related statutes for general authority and procedure: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473.
What an accounting usually includes
- Inventory and appraisement of estate property filed with the court.
- Receipts and deposits received by the estate (income, sale proceeds, insurance, etc.).
- Payments made by the estate (bills, taxes, funeral expenses, creditor claims, attorney fees, distributions to beneficiaries).
- Fees taken by the personal representative and any attorneys or professionals.
- Assets remaining for distribution and proposed final distribution.
Who may request an accounting
Typically an “interested person”—this includes named beneficiaries under the will, heirs at law if there is no will, and sometimes creditors—may request an accounting or object to the administrator’s or executor’s report. If you are a beneficiary or heir and you suspect the estate is not being administered properly, you have standing to ask the court for an accounting or for other relief.
How to ask the court for an accounting (typical steps)
- Check what’s already filed. Review the probate case file at the circuit court clerk where the estate is pending. Look for the filed inventory, any interim accounts, receipts, petitions, and the personal representative’s bond.
- Request an informal accounting. Often beneficiaries request a written accounting from the personal representative before going to court. A reasonable written request and time to respond can resolve misunderstandings quickly.
- File a petition or motion with the probate court. If the informal request does not work, you (or your attorney) can file a petition to compel an accounting or to require the personal representative to file a formal account. The petition should identify your interest, explain why an accounting is needed, and request a hearing.
- Serve notice and attend the hearing. Missouri probate procedure requires notice to interested persons. At the hearing, the court can order the personal representative to produce documents, prepare a formal account, or explain transactions.
- Court remedies. If the court finds the accounting is insufficient or that the personal representative breached duties, the court can order corrections, surcharge the representative for losses, remove the representative, increase the bond, or take other actions to protect the estate and beneficiaries.
What you can expect from the court process
- The court may order the representative to file a formal accounting under oath showing all receipts, disbursements, and remaining assets.
- Beneficiaries can object to items in the account. The court will adjudicate disputes after notice and hearing.
- If the representative cannot account for missing assets or improper transactions, the court has authority to impose remedies, including monetary surcharge or removal.
Key Missouri statutory resources
- Missouri Revised Statutes, Chapter 473 (Estates of Deceased Persons): https://revisor.mo.gov/main/OneChapter.aspx?chapter=473
- Missouri Revised Statutes, Chapter 474 (Wills and Administration of Estates) and other related probate provisions: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474
Helpful Hints
- Start by reviewing the probate court file. Many inventories, petitions, and accountings are public records filed with the circuit court clerk.
- Ask for a written accounting from the personal representative before filing a court motion. Put the request in writing and keep a copy.
- Collect any documentation you already have: copies of the will, bank statements you’ve been given, correspondence, checks, and notices of creditor claims.
- Know the timeline: personal representatives typically must file inventories and final accounts; objecting beneficiaries must pay attention to court deadlines and notice requirements in the probate case.
- If you suspect fraud or immediate risk to estate assets, seek urgent relief from the court (emergency petition, temporary restraining order, or appointment of a special administrator).
- Check whether the personal representative is bonded. A bond protects the estate if the representative misapplies assets.
- Consider mediation or settlement: many accounting disputes resolve through negotiation rather than protracted litigation.
- When in doubt, consult a probate attorney in Missouri. An attorney can review filings, advise on whether the accounting is sufficient, prepare a petition, and represent you at hearings.
Further resources
- Missouri Revised Statutes (searchable): https://revisor.mo.gov
- Circuit court clerk where the probate case is filed (contact the local clerk for case files and forms).
Remember: This overview explains general rights and common procedures in Missouri probate. It is not legal advice. Contact a licensed Missouri attorney for guidance on a particular estate matter.