Detailed Answer
Appointment and Authority
When someone dies in Missouri, the probate court appoints a personal representative to manage the estate. Under RSMo §472.430, this person has the legal power to collect assets, safeguard property, and pay debts and expenses from estate funds.
Paying Estate Expenses and Ongoing Bills
Once appointed, the personal representative should open a separate estate bank account. They can then use that account to pay:
- Funeral costs and last illness expenses
- Utility bills and insurance premiums to prevent service interruptions
- Mortgage payments and property taxes to avoid liens
- Ordinary household expenses for assets occupied by beneficiaries
Missouri law ranks claims and expenses in priority. Under RSMo §473.170, administrative costs (including court costs and reasonable attorney fees) take precedence over unsecured creditor claims and distributions to heirs. Additionally, RSMo §473.193 allows the court to approve necessary expenses and representative commissions out of the estate.
Court Approval for Major Expenses
For large or non-routine expenses—such as major home repairs, tax disputes, or environmental cleanups—the personal representative should file a petition in probate court. The court then issues an order authorizing the expenditure. This step protects the representative from personal liability and assures beneficiaries that the expense is reasonable.
Recordkeeping and Reporting
The personal representative must maintain accurate records of every payment. Periodic accountings filed with the court inform beneficiaries about receipts and disbursements. Good recordkeeping speeds up final distributions and reduces disputes.
Disclaimer: This article provides general information about Missouri probate law. It does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Helpful Hints
- Open a dedicated estate checking account immediately after appointment.
- Maintain an itemized ledger of all estate expenses and bill payments.
- Notify utility providers and insurers of the decedent’s death to transfer or terminate services.
- Review priority of claims under RSMo §473.170 before paying any debts.
- Seek court approval for any unusually large or contested expenses.
- Provide regular accountings to the court and beneficiaries to avoid disputes.