Detailed Answer
Administrator’s Duty to Distribute
In Missouri, a personal representative (administrator) must gather the decedent’s assets, pay valid debts and expenses, then distribute the remaining property to beneficiaries under the will or under the laws of intestacy (RSMo §473.015).
1. Confirm the Estate Is Ready for Distribution
Missouri requires personal representatives to wait at least six months from the date of first publication of notice to creditors before final distribution, ensuring all claims have been filed or barred. Once that period lapses and debts are addressed, the estate is ripe for distribution.
2. Request a Formal Accounting
Under RSMo §473.393, an interested party may petition the probate court to compel the administrator to file a detailed account of receipts, disbursements and remaining assets. This forces transparency and identifies any improper delays or charges.
3. File a Petition for Settlement of Account and Distribution
If the administrator still fails to distribute, you can file a Petition for Settlement of Account and Distribution under RSMo §473.380. The court will set a hearing, review the accounting and may order immediate distribution of your inheritance share.
4. Seek Removal or Surcharge of the Administrator
Missouri law allows removal of a personal representative for cause, including willful delay or mismanagement. You can petition under RSMo §473.817 to remove the administrator. The court may also surcharge the administrator for losses caused by misconduct.
5. Consider a Special Administrator
If the court removes the administrator or finds a conflict, it can appoint a special administrator to complete distribution promptly.
Helpful Hints
- Review court filings online through the county probate clerk’s office to track proceedings.
- Keep copies of all correspondence and filings with the court.
- Attend hearings or request a court date if your petitions face delays.
- Consult with a probate attorney early to structure your petitions correctly.
- Act promptly: Missouri’s statutes of limitation may bar claims or challenges after set periods.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.