Detailed Answer — Step‑by‑Step under Missouri law

When a parent leaves a will that names a particular person to serve as the personal representative (commonly called an executor), Missouri courts generally follow the decedent’s expressed choice. If the first-named person refuses to serve, the court will appoint another qualified person. Here is how that process typically works and what you can do to seek appointment.

1. Gather the necessary documents

Before you go to court, assemble the original will, the decedent’s death certificate, and any information about the estate’s assets and creditors. The court will want to see the original will to determine the decedent’s nominations and any language that affects appointment (for example, a clause waiving bond).

2. Ask the named executor to formally decline (if possible)

If the person named as executor (your sibling) truly does not want the job, ask them to sign a written renunciation of appointment or a simple notarized statement saying they refuse to serve. A clear written renunciation makes the probate process simpler and faster because the court will treat that person as having declined.

3. File a petition for probate and appointment in the county circuit court

File a petition for probate of the will and for issuance of letters testamentary (if the will nominates an executor) or letters of administration (if no nomination or nominee declines). You file in the Circuit Court in the county where your parent lived. If the named executor refuses or renounces, your petition can ask the court to appoint the next qualified person.

4. Who the court may appoint if the named executor refuses

If the nominated executor is unavailable, unwilling, or unqualified, the court will appoint another person who is suitable and qualified. Missouri law and court practice give preference to people with an interest in the estate (for example, beneficiaries), to the surviving spouse, and to other relatives. If the will nominates an alternate executor, the court usually follows that nomination. If no alternate is nominated, the court selects from among qualified applicants. For more detail on decedents’ estates in Missouri, see the Missouri Revised Statutes, Chapter 474: Missouri Revised Statutes — Chapter 474 (Decedents’ Estates).

5. Qualification requirements and possible objections

Typically you must be an adult and not legally disqualified (the court can refuse to appoint someone for cause—conflict of interest, lack of capacity, felony conviction in some situations, etc.). Interested persons (creditors, heirs, beneficiaries) will receive notice of the probate petition and can object to your appointment during the court process.

6. Bond, letters, and duties

Unless the will waives bond (and the waiver is valid), the court may require the personal representative to post a bond to protect the estate. Once appointed, the personal representative receives official documents (letters testamentary or letters of administration) authorizing them to manage estate assets, pay debts, and distribute property per the will. The personal representative has fiduciary duties and must act in the estate’s and beneficiaries’ best interests.

7. Alternatives for small or simple estates

If the estate is small or consists mainly of assets that pass outside probate (joint accounts, beneficiary-designated accounts, payable-on-death assets, or trust assets), you may not need formal appointment as personal representative. Missouri has procedures for small estates and for transfer of certain assets without full probate. Ask the court clerk or a Missouri attorney whether a simplified procedure applies to your case.

8. Practical timeline and what to expect

Timelines vary by county. If the named executor signs a written renunciation and no one objects, appointment of a successor can be relatively quick (weeks). If there are disputes or creditors, the process can take longer. Expect initial filings, notice to interested parties, and a court hearing if anyone contests the appointment.

Helpful Hints

• Start by locating the original will and death certificate. The court will need originals.
• Ask the named executor to sign a written renunciation. A notarized statement helps the court proceed without delay.
• File a probate petition in the Circuit Court where your parent lived. Contact the court clerk for local filing requirements and forms.
• Prepare a simple inventory of estate assets and a list of potential heirs and beneficiaries to include with your petition.
• Check the will for an alternate executor nomination or a bond waiver. Those provisions affect appointment and bond requirements.
• If the estate seems small or most assets pass outside probate, ask the court clerk about small‑estate procedures that may avoid full probate.
• Expect notice to beneficiaries and creditors. Be ready to respond if someone objects to your appointment.
• If you face resistance, a Missouri probate attorney can explain local practice, file the necessary paperwork, and represent you at any hearing.