Detailed Answer

If your father died without a will and you want to manage his estate, you must ask the probate court in the county where he lived to appoint an administrator. The administrator (sometimes called a personal representative) has the legal authority to gather assets, pay debts, and distribute what remains under Missouri’s intestacy rules.

1. Confirm the estate is intestate and the correct court

When someone dies without a valid will, the estate is “intestate.” Missouri’s intestacy and administration rules are found in the Missouri Revised Statutes; see the statutes governing probate and administration (Chapter 473) and intestate succession (Chapter 474):

• RSMo Chapter 473 — Probate and Administration
• RSMo Chapter 474 — Intestate Succession

2. Who may petition to be appointed administrator

Typical priority for appointment is given to persons with the closest interest in the estate. Commonly, that list includes the surviving spouse, adult children, parents, siblings, and other next of kin. In practice a close family member (like an adult child) often petitions. A creditor or any interested person may also seek appointment, but courts usually follow the statutory priority when choosing whom to appoint.

3. How to file the petition

1. Find the probate court in the county where your father lived when he died. You file a petition for appointment of an administrator in that court.
2. Required documents generally include: a certified copy of the death certificate, a written petition for administration, a list of known heirs and their addresses (if available), and information about the decedent’s assets and debts. The court clerk can provide local forms and filing fee information.
3. When you file, request issuance of Letters of Administration if the court appoints you. Those letters are your formal authority to act for the estate.

4. Notice, bond, and hearing

After you file, the court will schedule a hearing and require notice to interested persons (heirs, possibly creditors). Missouri rules usually require that an appointed administrator post a bond to protect the estate from mismanagement. The court can waive the bond if all interested persons agree or in other limited circumstances. Expect the court to confirm your qualifications and review whether you are the appropriate person to serve.

5. Duties after appointment

Once the court issues Letters of Administration to you, common duties include:

• Collecting and securing estate assets (bank accounts, real estate, personal property).
• Preparing and filing an inventory with the court.
• Publishing or sending notice to creditors and evaluating claims against the estate.
• Paying valid debts, taxes, and court-approved expenses.
• Distributing remaining property according to Missouri’s intestacy rules (see Chapter 474).
• Filing final accountings and closing the estate with the court.

6. Distribution under intestate succession

If there is no will, Missouri law determines who inherits. Generally the surviving spouse and descendants share the estate; if no spouse or descendants exist, parents or siblings may inherit. For full statutory detail about who inherits and how, consult RSMo Chapter 474: RSMo Ch. 474.

7. When appointment may be contested or denied

Someone may object to your appointment if another person has a higher statutory priority, or for concerns about your suitability (conflict of interest, incapacity, criminal history, etc.). If there is disagreement among heirs, you may need a hearing; a lawyer can help in contested situations.

8. Alternatives for small or simple estates

Missouri provides simplified procedures for smaller estates or for transferring certain assets (for example, payable-on-death accounts, small personal-property transfers, or statutory small-estate procedures). Ask the probate clerk or a lawyer whether a simplified process applies to your situation.

9. Costs and timing

Costs include the court filing fee, bond premium (if bond required), and any attorney fees. The timeline depends on estate complexity and whether creditors or heirs contest matters. Administrations for simple estates can be completed in months, while complex estates can take a year or more.

10. When to use an attorney

Consider hiring a probate attorney if the estate is large, contains real estate, involves business interests, has contested heirs or creditors, or includes tax issues. An attorney helps prepare petitions, obtain letters, meet notice requirements, handle disputes, and comply with court rules.

Helpful Hints

• Start at the county probate court where your father lived: the clerk can give you local forms and explain filing steps.
• Gather documents before you file: certified death certificate, bank statements, deeds, account numbers, insurance policies, and a list of relatives with contact info.
• Talk to other family members ahead of filing. If they assent to your appointment and to waiving bond, the court process is often faster and cheaper.
• Keep careful records and receipts of all estate transactions — you must account for funds spent on the estate’s behalf.
• Be cautious with creditor claims. If you pay a claim that later proves invalid, that can create personal liability for the administrator.
• If you are named administrator, obtain an Employer Identification Number (EIN) for the estate from the IRS to handle bank accounts and tax filings.
• If you can’t handle the time and responsibility, consider whether another qualified family member or a private personal representative might be better suited to serve.
• When in doubt about contested matters or complicated assets, consult a probate attorney experienced in Missouri administration and intestate succession.