Detailed Answer — How the probate court can reconsider letters of administration and remove an administrator in Missouri

In Missouri, a probate court issues letters of administration to a person the court finds qualified to act as the estate’s personal representative when a decedent died without a valid will (intestate) or when no executor named in a will is available. If you believe the court should revoke those letters and appoint you instead as the sole heir, you must ask the probate court to reopen or revisit the appointment and to remove the current administrator by filing a formal petition asking for removal and for issuance of letters to you.

The statutes that govern appointment and administration of estates are in the Missouri Revised Statutes, Chapter 473 (Administration). See Missouri Revised Statutes, Chapter 473: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473. Chapter 474 addresses distribution of intestate estates: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474.

Key legal bases for asking the court to reconsider or remove an administrator

• Improper appointment: the person who received letters was not entitled to them under the statutory priority rules or the court failed to follow required notice or procedural rules.
• Lack of qualifications: the administrator is legally disqualified (for example, felony conviction that bars appointment, nonresident issues where bond requirements are unmet, or failure to post required bond).
• Breach of fiduciary duty or misconduct: mismanagement, waste of estate assets, self-dealing, conversion, dishonesty, refusal to account, or willful failure to carry out duties.
• Incapacity or inability to perform duties: illness, long absence, or other inability to serve.
• Conflict of interest: an administrator’s personal interests materially conflict with duties to the estate in a way that harms beneficiaries.

Typical court actions the heir (you) can request

1. Petition for removal of the administrator (often called “Petition to Remove Personal Representative”).
2. Request for an accounting and production of estate records and inventory (to show misconduct or mismanagement).
3. Petition to revoke or vacate previously issued letters and for issuance of letters of administration to you as the sole heir.
4. Request for temporary relief—such as an order preventing the administrator from spending or transferring assets—if imminent harm to the estate exists.

How the court decides

The court will look at whether removal is supported by credible evidence of misconduct, incapacity, or that the original appointment violated statutory procedure. The court will also weigh the best interest of the estate and creditors. If you are the sole heir and can show you have priority under the statutes and that the current administrator is unfit or improperly appointed, the court may remove the administrator and issue letters to you.

Hypothetical example (illustrative)

Imagine a decedent died intestate. The court issued letters to Person A after a brief hearing, but Person A never filed the required inventory, refuses to cooperate, and used estate checks to pay personal debts. You are the decedent’s only child and sole heir. You could petition the probate court to remove Person A, demand an accounting, request the court freeze estate disbursements, and ask that letters of administration be reissued to you. At a hearing, if you prove misconduct or failure to meet statutory requirements, the court could remove Person A and appoint you instead.

Procedure — step by step (practical roadmap)

1. Collect documentation: letters of administration, probate case file number, proof you are the heir (birth certificate, family records), any evidence of misconduct (bank records, communications).
2. Check the probate docket and statutes: confirm what notices were given and whether statutory procedures were followed (see Chapter 473: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473).
3. File a Petition: file a petition for removal of the administrator and for issuance of letters to you in the same probate case. If urgent, also file a motion for temporary injunctive relief (to preserve assets) and for expedited hearing.
4. Serve interested parties: serve the current administrator and other interested persons or creditors with the petition, motion, and notice of hearing consistent with Missouri probate rules and local court procedures.
5. Request discovery and accounting: ask the court to compel an accounting and production of records. The administrator’s failure to account is a strong ground for removal.
6. Attend hearing: present evidence of improper appointment, lack of qualifications, misconduct, or incapacity. Be prepared to explain why you are the appropriate appointee and how you will protect estate assets (including offering bond if required).
7. Post bond and meet requirements: if the court appoints you, expect to post a fiduciary bond if required and file an oath and letters paperwork per the court’s rules.

Evidence that strengthens your petition

• Proof the administrator failed to file inventories, inventories showing missing assets, or late filings.
• Bank statements, cancelled checks, or transfers showing improper use of estate funds.
• Communications showing refusal to cooperate or concealment of assets.
• Medical or other evidence that the administrator cannot perform duties.
• Documentation proving your status as sole heir and the absence of a higher-priority claimant.

Possible outcomes

• Court denies removal if evidence is insufficient.
• Court orders the administrator to provide an accounting and correct specific failures.
• Court removes administrator and appoints a successor (the court may appoint you if you have priority and meet requirements).
• Court orders removal and a neutral third-party fiduciary or a bonded administrator where conflict or harm is substantial.

Timing and deadlines

Act promptly. Delays can make it harder to intervene and may allow the administrator to complete distributions. Some rights to contest administration or file objections may be limited by court rules or statutory timeframes, and evidence can disappear over time.

Where to file and local practice

File your petition in the probate division of the circuit court where the estate is being administered. Local probate clerks can provide procedural instructions and forms, but they cannot give legal advice. The Missouri Revised Statutes (Chapter 473) governs administration: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473.

When to get a lawyer

If the estate has significant assets, complex creditor issues, or the administrator resists accounting or turns over records, consult a probate attorney as soon as possible. An attorney can prepare pleadings, handle discovery, present evidence at hearings, and advise about bond requirements and appeals.

Helpful Hints

• Preserve evidence early: copies of bank statements, letters, and communications are critical.
• Check the probate docket online or at the clerk’s office to find filings and hearing dates.
• Request an accounting first: many courts will order an accounting before deciding on removal.
• Ask for temporary asset protection if you fear dissipation of estate property (conservatory orders or a freeze may be available).
• Be ready to post bond if you seek appointment; courts often require a bond to protect creditors and beneficiaries.
• Consider mediation if the issues are factual disputes rather than clear misconduct — courts sometimes encourage settlement to avoid costly litigation.
• Keep your filings factual and supported by evidence; allegations without proof are unlikely to persuade the court.
• Use the statutes as a guide: Missouri’s probate statutes are available via the Revisor of Statutes: Chapter 473 and Chapter 474.