Detailed Answer
If your mother died without a will in Missouri, you can ask the probate court to appoint you as the estate’s administrator (sometimes called a “personal representative”). Below is a clear, step-by-step explanation of how that process normally works in Missouri, what the court will expect, and what your duties will be if the court appoints you.
What does “administrator” mean?
An administrator is the person appointed by the court to manage a decedent’s estate when there is no valid will. The administrator locates and protects estate assets, pays debts and taxes, and distributes what remains to heirs according to Missouri’s intestacy rules.
Where the law is found
Missouri’s rules about probate, appointment of administrators, and intestate distribution are in the Missouri Revised Statutes. See the probate and administration chapter here: RSMo Chapter 473 (Probate of Wills and Administration) and the intestacy/distribution rules here: RSMo Chapter 474 (Distribution on Intestacy).
Step-by-step: How to apply to be the administrator
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Identify the correct court.
File in the circuit court (probate division) in the county where your mother lived at the time of death. The probate clerk’s office handles filings and can tell you what local forms they require.
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Gather required documents.
Typical items the court will ask for include a certified copy of the death certificate, a list of known heirs and their addresses, a preliminary list of the decedent’s assets (bank accounts, real estate, vehicles, etc.), and proof of your relationship (for example, a birth certificate showing you are a child). Different counties may ask for other documents or local forms.
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File a Petition for Letters of Administration.
You (or an attorney) file a petition with the probate clerk asking the court to appoint you as administrator and to issue Letters of Administration (the court document that gives you authority to act for the estate). The petition identifies the decedent, lists the heirs, lists estate assets to the extent known, and requests appointment.
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Notice to heirs and potential appointment priority.
The court will typically notify known heirs and beneficiaries. Missouri law gives preference for appointment in certain situations (for example, a surviving spouse, then children, and so on). If someone with a higher priority applies or objects, the court will consider that claim. See the statutory chapters above for the formal order of preference.
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Bonds and waivers.
The court often requires an administrator to post a bond that protects the estate from mismanagement. The amount usually depends on the estate’s value. Heirs may be able to waive the bond in writing, which the court may accept.
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Hearing and issuance of Letters of Administration.
The court may hold a short hearing. If the court approves your petition, it will issue Letters of Administration. Those letters allow you to act for the estate—collect assets, open an estate bank account, pay valid debts, and transfer property to heirs according to law.
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Administer the estate.
After appointment you must: inventory assets, notify creditors as required, collect and safeguard estate property, pay taxes and legitimate debts, and distribute remaining assets to the heirs according to Missouri’s intestacy rules. The probate court requires periodic filings and a final accounting before it will close the estate.
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Closing the estate.
When administration is complete, file the required final reports and ask the court to discharge you. The court will review distributions and accounting, then enter an order closing the estate and discharging the administrator.
Practical timelines and costs
How long administration takes depends on the estate’s size, complexity, creditor claims, and court caseload. Simple estates can close in a few months; more complex ones may take a year or longer. Court filing fees and bond premiums vary by county and estate value. Consult the local probate clerk for county-specific fees and forms.
When there may be complications
- Multiple family members seek appointment or dispute who is an heir.
- Unknown or contested debts or claims against the estate.
- Real estate or business interests that require appraisal or sale.
- Unclear asset ownership or assets located in another state.
In these situations the court may require additional hearings, notices, or formal accountings. Consider speaking with a probate attorney if you expect disputes or if the estate is large or complicated.
Quick checklist before you go to the probate court
- Obtain several certified copies of the death certificate.
- Make a preliminary list of assets and approximate values.
- Make a list of possible heirs and their contact information.
- Check with the county probate clerk about forms, fees, and local procedures.
- Decide whether you need lawyer help for filing, bond, or likely disputes.
Where to get more information
Review Missouri statutes on probate and intestacy here: RSMo Chapter 473 and RSMo Chapter 474. For county-specific forms and fee information, contact the circuit court probate clerk in the county where your mother lived.
Disclaimer: This article explains general Missouri probate procedures for educational purposes only. It is not legal advice. Laws and procedures change and every case has unique facts. For advice about your situation, consult a licensed Missouri attorney or the local probate clerk.