Short answer
You can sometimes require a co‑heir to reimburse you for an appraisal used to set the buyout price, but whether you can force reimbursement depends on (1) any written agreement between the heirs or the estate representative, (2) whether the estate is in probate and who is authorized to incur estate expenses, and (3) whether a Missouri court (in a probate or partition action) decides the appraisal cost should be charged to one or more parties. If there is no agreement, your practical remedies are to negotiate, ask the personal representative to treat the appraisal as an estate expense, or ask a court to allocate costs.
Detailed Answer — How this works under Missouri law
Start by remembering two basic points:
- Heirs and co‑owners can contract among themselves about a buyout. A written agreement that says who pays appraisal costs governs.
- If there is no agreement, courts decide how to allocate costs when asked — either in probate or in a partition action.
1. If there is a written buyout agreement or will instruction
If the heirs or the will/executor set out who pays appraisal or valuation costs, that term controls. Written agreements are strongly enforced in Missouri, so include language about who pays for valuations, whether the appraisal is final for buyout price, and a deadline for payment. If the co‑heir agreed in writing to reimburse appraisal fees, you can enforce the contract in court.
2. If the estate is in probate and a personal representative (executor/administrator) is involved
When an estate is open, the personal representative has authority to collect and pay estate debts and to manage assets under the probate code. If the appraisal was done for estate administration (to determine fair market value for distribution or sale), the representative may properly pay the appraiser from estate funds as an estate expense and then allocate that cost among beneficiaries or deduct it from distributions. Ask the personal representative to record the appraisal as an administrative expense in the estate accounting and to allocate the cost against the heirs’ shares if appropriate. For Missouri probate statutes and rules about administration and accounting, see the Missouri Revised Statutes (probate chapters): RSMo Chapter 473 (Wills and probate).
3. If there is no agreement and no willing personal representative
Absent agreement, you have several common options in Missouri:
- Negotiate: Offer to reduce the buyout price by your appraisal cost or ask the co‑heir to pay half (or a negotiated portion).
- File a petition in probate court: If the estate is open, ask the court to approve treating the appraisal cost as an estate expense or to order allocation among heirs.
- File a partition action: If co‑owners of real property can’t agree, you can file for partition in the circuit court. Missouri’s partition statutes let the court divide property or order sale and may allocate costs, including valuation expenses, among parties. See Missouri’s partition laws: RSMo Chapter 524 (Partition). In a partition, the court often considers reasonableness of expenses and may apportion them equitably.
- Small claims or contract suit: If the appraisal cost is small and you have a written promise, consider a civil suit to recover the fee.
4. How courts typically decide
Courts look at what the appraisal was for, who requested it, and whose benefit it served. If you paid for a valuation solely to calculate a buyout that benefits both heirs, a court may order the cost shared. If you paid to protect your own interest and the co‑heir refused to cooperate, a court may still apportion costs but might not require full reimbursement.
5. Practical steps to protect yourself
- Keep the appraisal invoice, engagement letter, and proof of payment.
- Get any agreement in writing. A simple buyout agreement that states who pays valuation fees avoids disputes.
- Ask the personal representative to treat the appraisal as an estate expense if the appraisal was for estate administration.
- Send a written demand for reimbursement that explains the reason and gives a short deadline.
- If negotiation fails, consider filing a motion in probate or a partition action to ask the court to allocate costs.
Helpful Hints
- Documentation matters: save the appraiser’s report, engagement letter, and payment receipts.
- Get appraisal scope clear: was the appraisal for a buyout, a sale, tax purposes, or estate inventory? The purpose affects whether the estate should pay.
- Use neutral appraisers when possible: a jointly‑hired appraiser or two appraisals (one per side) reduces disputes about value and cost allocation.
- Draft a buyout clause: include price method (appraisal, formula, or agreed price), who pays appraisal fees, and a timeline for closing and reimbursement.
- Consider mediation: a mediator can help split appraisal costs and settle the buyout without court involvement.
- Small costs vs. relationships: if the appraisal fee is small, weigh the cost of litigation and family relations before suing.
- Know when to involve the court: if the co‑heir refuses to negotiate and the amount is significant, a court filing (probate accounting or partition) may be necessary to protect your rights.
Where to look in Missouri law
Relevant Missouri statutes include the partition statutes (which govern court‑ordered division or sale of jointly owned property) and the probate chapters that describe the personal representative’s duties and accounting. See:
When to talk to an attorney
If the amount at stake is substantial, if heirs disagree about valuation method, or if the estate lacks an effective personal representative, consult a Missouri probate or real‑property attorney. An attorney can review any written agreement, evaluate whether the appraisal should be an estate expense, and file the appropriate court action (probate accounting or partition) to seek allocation or reimbursement.
Disclaimer: This is general information and not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation under Missouri law, consult a licensed Missouri attorney.