Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Missouri law, the probate court follows a strict priority list when appointing an administrator. Mo. Rev. Stat. §473.093 (link) ranks potential appointees in this order:
- Surviving spouse;
- Descendants;
- Parents;
- Siblings;
- Next of kin.
If a higher-priority heir exists, the client can still secure appointment only if that heir:
- Renounces their right: A higher-priority heir may file a written renunciation with the court under Mo. Rev. Stat. §473.333 (link). Upon acceptance, the client moves up the list.
- Is disqualified: Missouri law disqualifies certain parties (e.g., felony convictions, incapacity) from serving. If the higher heir falls under Mo. Rev. Stat. §473.146 (link), the court will skip them.
- Waives appointment in writing: A written waiver submitted to the clerk can remove them from consideration.
After addressing priority, the client must file a formal petition for appointment and post bond as required by Mo. Rev. Stat. §473.030 (link). The court will review all documentation and, if everything complies, issue letters of administration.
Example: Jane, the decedent’s child, has priority over John, the decedent’s sibling. If Jane signs a renunciation under §473.333, John can petition the court. Once the court accepts the renunciation and John posts the required bond, it will grant John letters of administration.
Helpful Hints
- Review Mo. Rev. Stat. §473.093 for the full priority list.
- Use the official renunciation form per §473.333—file it early to avoid delays.
- Confirm if any potential heir is disqualified under §473.146 before filing.
- Prepare the bond paperwork under §473.030 to accompany your petition.
- Consult a probate attorney if heirs dispute priority or disqualification.