Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
In Missouri, a personal representative (also called an executor or administrator) oversees the estate of a decedent. If the probate court removes a personal representative, you may have the right to appeal that decision under Missouri law.
1. Legal basis for removal. Under RSMo §474.030, the court may remove a personal representative for misconduct, incapacity, or failure to perform duties. You can review the statute here: RSMo §474.030.
2. Right to appeal. Missouri Supreme Court Rule 81.03 governs appeals from the probate division of the circuit court. Although this is a rule, not a statute, it provides that any final order—such as removal of a personal representative—is appealable to the Missouri Court of Appeals. You can find the rule here: Mo. S. Ct. R. 81.03.
3. Time to file a notice of appeal. Under Rule 81.05(a), you must file a written notice of appeal within 10 days of the court’s written order. Missing this deadline generally forfeits your right to appeal.
4. Bond or security. The court may require you to post a supersedeas bond or other security to preserve the estate assets during the appeal. This ensures the estate is protected while the case is pending.
5. The appellate process. After filing your notice, you must prepare and file an opening brief arguing why the removal order was incorrect. The personal representative or successor can file a response brief. Finally, you may file a reply brief. The Court of Appeals then decides based on the record and briefs, or it may schedule oral argument.
6. Potential outcomes. The Court of Appeals may affirm the removal, reverse it, or remand the case for further proceedings. If the removal is reversed, you may be reinstated as personal representative.
Missouri Statutes and Rules Cited
- RSMo §474.030 – Court’s power to remove a personal representative
- RSMo §512.020 – Jurisdiction of Court of Appeals (includes probate appeals)
- Mo. S. Ct. R. 81.03 – Appeals from the probate division of the circuit court
- Mo. S. Ct. R. 81.05 – Time for filing notice of appeal
Helpful Hints
- File your notice of appeal promptly—missing the 10-day deadline can forfeit your rights.
- Check local court rules for formatting and filing requirements.
- Consider hiring an appellate attorney familiar with probate appeals.
- Keep thorough records of court hearings and filings in case of dispute.
- Prepare a concise statement of the errors you believe occurred at the trial level.