Protecting a Decedent’s Home and Property Before Court Appointment
This FAQ-style guide explains practical steps under Missouri law to secure a house, create an inventory, and reduce the risk of siblings or others removing property before you are appointed as the personal representative. This is educational information only and not legal advice.
Detailed answer: immediate practical steps and the Missouri probate context
If someone has died and you plan to serve as the estate’s personal representative in Missouri but have not yet been appointed by the probate court, take these steps now to protect the property and evidence of ownership. These actions balance the need to secure assets with the rights of heirs and avoiding accusations of wrongdoing.
1. Contact the probate court and learn the local process
Call the circuit court where the decedent lived and ask how to begin administration. Missouri courts handle estate appointments under the state probate statutes. Useful starting points include the Missouri Revised Statutes chapters that govern estate administration and the Missouri courts probate information pages: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473 and https://revisor.mo.gov/main/OneChapter.aspx?chapter=474 and https://www.courts.mo.gov/page.jsp?id=329. The court clerk can explain emergency options and required forms in your county.
2. Consider asking the court for a temporary or special appointment
Missouri courts can appoint a temporary or special administrator in urgent situations to preserve property until a full appointment is made. A temporary appointment gives limited authority to secure assets and prevent removal. Contact the probate clerk or a probate attorney to file a petition for a temporary appointment quickly if assets are at risk.
3. Document the property now
Before moving anything, create a clear, time-stamped record:
- Take high-resolution photos and video walkthroughs of every room and of items of value, including serial numbers, model numbers, and identifying marks.
- Make a written inventory listing major items, appliances, furniture, jewelry, art, firearms, vehicles, and financial documents. Note locations and approximate condition.
- Collect documents: deeds, titles, bank statements, safe-deposit box keys, insurance policies, and wills. Make copies and store originals safely.
4. Secure the house without taking disputed items
Actions that protect the property are appropriate; removing items that heirs may claim can create disputes or criminal exposure. Reasonable steps include:
- Changing locks or boarding windows if the property is unsecured and at risk. Keep a record of who had access and why you changed locks.
- Turning off utilities if needed to prevent damage, but avoid destroying property.
- Moving high-value, easily removed items to a safe location or locked room if you have clear authority or a temporary court appointment. If not appointed, document the move thoroughly and notify other heirs in writing of what you did and why.
5. Give written notice and ask siblings to preserve property
Send a polite written notice (email and certified letter if possible) to siblings and other likely heirs asking them to refrain from removing property pending probate. Keep a copy of the notice and delivery receipts. Clear written communication can prevent misunderstandings and show the court you tried non-confrontational measures.
6. Use neutral temporary storage and third parties carefully
If you must remove items for protection, store them in a secure facility or with a neutral third party and immediately notify other heirs and the court. Create a detailed receipt, and avoid selling, gifting, or using estate property. If firearms are involved, follow applicable laws for transport and storage.
7. If someone removes or damages property, consider law enforcement
Unauthorized removal of belongings may be theft. If you observe theft or clear destruction, document it and contact local law enforcement. Be prepared to show your inventory, photos, and any court filings. Criminal investigations and civil probate claims can proceed in parallel.
8. After appointment: formal inventory and accounting
Once appointed, the personal representative must follow Missouri requirements for administering estates, including listing estate assets, safeguarding them, and providing inventories and accountings to the court and heirs as required by the statutes and local court rules (see Missouri probate chapters at https://revisor.mo.gov/main/OneChapter.aspx?chapter=473 and https://revisor.mo.gov/main/OneChapter.aspx?chapter=474). The court can order recovery or sanctions for anyone who improperly removed property.
9. When to get an attorney and what they’ll do
If there is a real risk of disputed removal, hostility among siblings, or valuable items at stake, consult a probate attorney. An attorney can:
- File for temporary or full appointment quickly.
- Draft preservation notices for heirs and vendors.
- Request emergency court orders to freeze or recover property.
- Advise on interactions with law enforcement and evidence preservation.
Helpful hints
- Always document: photos, video, and dated written notes are your best protection.
- Do not throw away mail, checkbooks, or documents; these often identify financial accounts and may be needed for probate.
- Keep a communications log recording conversations with siblings, movers, police, and the probate clerk.
- If you change locks, provide a written record of who had keys and why; consider providing copies to the court when you file for appointment.
- Do not sell or dispose of property without court authority once probate is likely; doing so can create personal liability.
- If a sibling removes items, ask them in writing to return the items and notify the probate court and local police if they refuse.
- Keep originals of estate papers in a secure place; notify heirs where originals are kept so they are not inadvertently destroyed or removed.
- Start the probate process promptly. The sooner someone is appointed, the sooner the court can grant authority to protect assets.