Disclaimer: This article is for educational purposes only and is not legal advice.
Detailed Answer
Under Missouri law, a personal representative (sometimes called an executor or administrator) manages an estate’s assets, pays debts, and distributes property to heirs or beneficiaries. The process and timeline to become a personal representative typically follow these steps:
1. Determine Who May Serve
If the decedent left a valid will, the court generally appoints the person named as executor in the will. See RSMo § 473.033. If there is no will or the named executor declines or is unavailable, Missouri law prioritizes next of kin (spouse, adult children, parents, etc.).
2. Prepare and File a Petition for Probate
The petitioner completes a Petition for Probate of Will and for Letters Testamentary (if there’s a will) or a Petition for Letters of Administration (if intestate). File this in the Probate Division of the Circuit Court in the county where the decedent lived. You’ll attach the original death certificate, original will (if any), and pay the court filing fee.
3. Court Review and Hearing
After filing, the court clerk reviews your paperwork for completeness. The judge schedules a hearing—often 2–4 weeks later—to confirm the will (if any) and the petitioner’s qualifications. At the hearing, interested parties may object. If the judge approves, the court signs an order granting Letters of Office.
4. Issuance of Letters and Notices
Once the court issues Letters of Office, you become the official personal representative. You must then notify creditors:
- Publish a notice to creditors once a week for three consecutive weeks in a newspaper of general circulation in the county. See RSMo § 473.440. Publication must begin within 30 days of Letters issuance.
- Mail notice to any known creditor within one month after issuance of Letters. See RSMo § 473.443.
5. Typical Timeline
- Initial filing to hearing: 2–4 weeks (varies by county caseload).
- After hearing to issuance of Letters: 1–2 days if no objections.
- Publication of notice: three weeks.
- Creditors’ deadline for claims: generally six months after first publication. See RSMo § 473.444.
Once notices and creditor deadlines pass, you may inventory assets, settle valid claims, and distribute remaining assets per the will or Missouri intestacy law. The total administration often takes at least six months to a year, depending on estate complexity.
Helpful Hints
- Obtain multiple certified copies of the death certificate—courts and financial institutions require them.
- Check local court websites for probate forms and fee schedules; some counties offer simplified procedures for small estates.
- Keep a detailed ledger of all estate transactions and receipts; courts may require an accounting.
- Consult a probate attorney if there are disputes among heirs or complex assets like out-of-state property.
- Be mindful of deadlines—missing the creditor notice or claim period can expose you to personal liability.