Managing Estate Administration Across Multiple Jurisdictions in Missouri

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in your jurisdiction for guidance tailored to your situation.

Detailed Answer

When a decedent holds assets in multiple Missouri counties or in other states, you must coordinate probate and, if needed, ancillary administration. Here’s how to proceed under Missouri law:

1. Determine Primary Jurisdiction

Under Missouri law, probate proceeds in the county where the decedent was domiciled at death. See RSMo §472.060: revisor.mo.gov/main/OneSection.aspx?section=472.060. This court issues Letters Testamentary or Letters of Administration covering personal property and real property statewide unless ancillary proceedings are required.

2. Open Probate in County of Domicile

1. File a petition with the probate division of the Circuit Court in the decedent’s home county.
2. Provide the original will (if any) and obtain Letters of Administration or Testamentary.
3. Publish notice to creditors and mail required notices under RSMo §473.167: revisor.mo.gov/main/OneSection.aspx?section=473.167.

3. Manage In-State Real Property in Other Counties

Letters issued by the domiciliary court generally suffice statewide for personal property, but real estate transfers often require recording an authenticated copy of the Letters in the recorder’s office where the land lies. RSMo §472.020 outlines recording procedures: revisor.mo.gov/main/OneSection.aspx?section=472.020. Recording ensures the personal representative can sell or transfer title.

4. Open Ancillary Probate for Out-of-State Assets

If the decedent owned real or tangible personal property in another state, you must open ancillary probate there. Missouri provides for ancillary administration of a nonresident’s property under RSMo §473.226: revisor.mo.gov/main/OneSection.aspx?section=473.226. Steps include:

• Obtain Exemplified or Certified Copies of Letters from Missouri.
• File them with the probate court in the state where the property is situated.
• Comply with that state’s ancillary probate procedures, notice requirements, and any bond or fee rules.

5. Inventory, Appraise, and Distribute

Prepare a complete inventory of assets from all jurisdictions and obtain appraisals where required (see RSMo §473.090: revisor.mo.gov/main/OneSection.aspx?section=473.090). Pay debts, taxes, and expenses in each jurisdiction before distributing to beneficiaries. File final accountings with each court.

Helpful Hints

• Keep a clear asset map listing county, state, and type of property.
• Check local court rules in each county or state; procedures vary.
• Consider hiring local counsel for ancillary proceedings in unfamiliar jurisdictions.
• Obtain multiple certified copies of Letters upfront to avoid delays.
• Track deadlines for creditor notices and tax filings in every jurisdiction.
• Maintain open communication with beneficiaries to manage expectations.