Detailed Answer
In Missouri probate, the personal representative (sometimes called executor or administrator) holds a fiduciary duty to manage the decedent’s estate and keep heirs informed. Below is an overview of the key information and duties a personal representative must provide to heirs under Missouri law.
1. Notice of Probate Proceedings
Within 30 days of appointment, the personal representative must send each heir a written notice of probate. This notice must include the case number, court location, date of appointment, and instructions on how to file objections. Missouri law requires this under RSMo §474.360.
2. Inventory and Appraisement of Assets
The personal representative must prepare and file an inventory listing all estate assets, including real property, bank accounts, investments, and personal belongings. This inventory, due within 60 days of appointment, informs heirs of estate value and composition. See RSMo §474.350.
3. Ongoing Accountings and Reports
Heirs have the right to request periodic accountings. When closing the estate, the personal representative must file a detailed account, showing receipts, disbursements, debts paid, fees, and distributions. The court reviews this under RSMo §474.440. This process ensures transparency and allows heirs to object to any improper transactions.
4. Distribution Plan and Final Distributions
Once debts, taxes, and expenses are paid, the personal representative must propose a distribution plan. Heirs must receive notice of this plan and an opportunity to object in court if they believe the distribution is incorrect. The representative then transfers assets per the will’s terms or Missouri’s intestacy rules if no valid will exists.
5. Open Communication
The personal representative should respond to reasonable heir inquiries about estate status, timelines, and paperwork. Good-faith communication helps prevent disputes and fosters trust among beneficiaries.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Keep copies of all notices and filings you receive from the personal representative.
- Review the inventory carefully to ensure no assets are omitted.
- Ask for regular status updates if the estate administration takes longer than expected.
- Understand your right to object: you typically have 30 days after notice to file any challenges.
- Consult an attorney if you suspect mismanagement or unexplained delays.