How to get the court’s approval to release estate funds when there’s a dispute about splitting the money

Short answer: When beneficiaries dispute how estate funds should be split, the probate court in Missouri controls distribution. The personal representative (executor or administrator) should avoid unilateral distributions, try to resolve the dispute informally, and—if that fails—file a petition with the probate court asking for instructions, interim distributions, or permission to deposit the disputed funds into the court registry (or use an interpleader). The court will then decide whether to approve a distribution, order an accounting, hold funds in the registry, or schedule a hearing.

Disclaimer

This article is for educational purposes only and is not legal advice. It explains options available under Missouri probate practice. For advice about a specific case, talk to a licensed Missouri attorney who handles probate and estate disputes.

Detailed answer — step-by-step guidance under Missouri probate practice

1. Know who has authority to act

The personal representative (executor named in a will, or an administrator appointed by the court if there is no will) controls assets and makes distributions only under court-approved procedures. If you are a beneficiary, you do not have the power to demand funds outside of the court-ordered distribution process.

2. Try to resolve the dispute outside court first

Missouri courts favor settlements. Before filing new pleadings, the personal representative should:

• Share the estate inventory, accountings, and any appraisals or valuations with the beneficiaries.
• Request a meeting or mediation to resolve the split.
• Propose an interim or partial distribution if some assets are undisputed (for example, pay uncontested debts or reimburse expenses).

3. File the correct court pleadings when negotiations fail

If beneficiaries cannot agree, the personal representative should ask the probate court to provide guidance. Typical filings and motions include:

• Petition for Instructions. Ask the court to direct how to handle the disputed funds or to interpret the will or beneficiary designations.
• Application for allowance or interim distribution. Request permission to make a limited distribution (for living expenses, taxes, funeral bills, or agreed-upon shares) while the dispute is pending.
• Motion to deposit funds into the court registry (or interpleader). If a personal representative faces conflicting claims and wants to avoid personal liability, she can ask the court to accept the funds into its registry or allow an interpleader action so the court determines the rightful recipient.
• Petition for Accounting and Final Settlement. If the estate is ready for final distribution, beneficiaries can demand an accounting. The court will review and resolve disputes before issuing a final order of distribution.

Filing these petitions sets a formal process in motion: the court will notify interested parties, allow objections, and schedule hearings if necessary.

4. Understand common court outcomes

The probate court has several tools it may use:

• Approve the requested distribution if the court finds it proper.
• Order the funds deposited into the court registry until the dispute is resolved (protects the personal representative from claims).
• Require additional accounting, audits, or documentation from the personal representative before releasing funds.
• Order mediation or appoint a neutral appraiser where valuations are in dispute.
• Deny distribution and schedule a contested hearing to resolve beneficiary claims.

5. Protect yourself as a personal representative

If you are the fiduciary, take these precautions:

• Do not distribute funds to anyone when competing claims exist unless the court approves or all beneficiaries consent in writing.
• Document every step—communications, accountings, and distributions—so you can show good faith to the court.
• Consider filing for court instructions or depositing the contested funds in the court registry to avoid being personally liable for an improper distribution.

6. Typical timeline and costs

Times vary widely. Simple petitions or agreed interim distributions can be handled in weeks to a few months. Contested hearings take longer—several months to a year or more—depending on complexity, discovery, and court schedules. Expect court filing fees, possible bond increases, attorney fees for contested matters, and costs for appraisals or expert witnesses.

7. Small estates and alternative paths

If the estate qualifies as a Missouri small estate (limited size and simple asset structure), beneficiaries may be able to use simplified procedures. However, disputes about splits can still require court filings. Check whether small-estate affidavits or simplified administration are appropriate in your case.

8. Where to look for Missouri statutes and rules

Missouri’s probate statutes and court rules outline the duties of personal representatives, distribution procedures, and court powers. For the full text of enacted statutes and probate chapter material, see the Missouri Revisor of Statutes at https://revisor.mo.gov/. If you want a statute cited in a filing, a probate attorney can point to the exact section that applies to your facts.

Helpful Hints

• Collect the key documents before filing anything: the will (if any), death certificate, account statements, bills, receipts for estate expenses, beneficiary designations, and notices of appointment for the personal representative.
• Communicate in writing so there is a record of offers, consents, and discussions among beneficiaries and the personal representative.
• If you are the fiduciary and face competing claims, ask the court to accept the funds into its registry or allow an interpleader to avoid personal liability.
• Consider mediation early. A neutral mediator can often resolve distribution splits faster and cheaper than litigation.
• If an immediate need exists (medical bills, taxes, funeral costs), request a narrow interim distribution from the court rather than a full release of funds.
• Keep careful accounting: Missouri probate courts expect clear records for every dollar that comes into and goes out of the estate.
• Talk to a probate attorney when disputes arise. Even a short consultation can identify the correct pleadings and likely outcomes, and prevent mistakes that create personal liability for the fiduciary.

Next steps

If you are a beneficiary, request the estate accounting and a meeting with the personal representative. If you are the personal representative, document everything, attempt a settlement, and be prepared to file a petition for instructions or to deposit funds into the court registry if claimants conflict. Contact a Missouri probate attorney to review the specific facts and prepare the correct petition.