Detailed Answer
When a person dies without a will in Missouri, the probate court must appoint an administrator to manage the estate under state law. Under RSMo § 473.020, the court grants letters of administration based on the following priority:
- Surviving spouse alone;
- Children equally;
- Parents;
- Siblings;
- Other next of kin;
- Creditors, if no qualified heir is available.
A potential heir can seek appointment by taking these steps:
- File a Petition to Admit an Intestate Estate (RSMo § 473.033) in the probate division of the circuit court where the decedent resided.
- Submit a certified copy of the decedent’s death certificate.
- Provide a sworn list of all interested persons (heirs and known creditors).
- Propose and secure a personal representative’s bond as required (RSMo § 473.340).
- Pay the applicable filing fee to the court clerk.
- Serve notice on interested persons and file a certificate of service (RSMo § 473.064).
At the hearing, the court reviews the petition, confirms the applicant’s priority, and if there is no eligible heir with higher priority, issues Letters of Administration. Once appointed, the administrator has authority to collect assets, pay debts, file tax returns, and distribute property under court supervision.
Helpful Hints
- Confirm the decedent’s last residence to determine proper venue.
- Review RSMo § 473.020 to verify your priority class.
- Obtain at least one certified copy of the death certificate before filing.
- Discuss bond requirements with the court clerk to set the correct amount.
- Serve notice promptly to avoid delays caused by objections.
- Keep accurate records of estate transactions and file a final accounting with the court.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.