Disclaimer: This article is for informational purposes only and is not legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
In Missouri, the court appoints a personal representative (also called an executor or administrator) to manage an estate. Who qualifies depends on whether the decedent left a valid will (testate) or did not (intestate).
1. Testate Estates (With a Will)
If the will names you as the personal representative, you may petition the probate court to admit the will and issue letters testamentary. Under RSMo § 473.136, the court must appoint the person nominated by the decedent, provided they are willing and qualified.
2. Intestate Estates (No Valid Will)
When someone dies without a will, Missouri law sets a priority list for who may apply to serve:
- Surviving spouse
- Children or grandchildren
- Parents
- Siblings
- Other heirs by consanguinity
- Creditor or other person interested in the estate
Mother-in-laws are not heirs by blood (consanguinity). Unless all higher-priority persons disclaim or are disqualified, an in-law cannot open an intestate estate or serve as its administrator. In rare cases, if no blood relatives are available and a court finds it in the estate’s best interest, a creditor or interested person (including a mother-in-law) may be appointed under RSMo § 473.136, but this occurs only after exhaustive efforts to locate qualified heirs.
3. Steps to Open an Estate in Missouri
- File a Petition for Probate (testate) or for Letters of Administration (intestate) with the circuit court in the county where the decedent lived.
- Provide the original will (if available) and notify potential heirs or beneficiaries.
- Post any required bond and publish notice to creditors.
- Obtain Letters Testamentary or Letters of Administration from the court.
- Collect assets, pay debts and taxes, and distribute remaining assets according to the will or Missouri’s intestacy laws.
If you are a mother-in-law who is named in the will, you can serve without regard to the priority list. If there is no will, you must wait until all higher-priority heirs decline or cannot serve, and then petition as an interested person.
Helpful Hints
- Review the will carefully to see if you are nominated as personal representative.
- Check for higher-priority heirs before filing an intestate petition.
- Consult the probate clerk in the county where the decedent lived for local rules and filing fees.
- Understand bond requirements: bonds secure faithful performance of your duties.
- Consider retaining a probate attorney if the estate is complex or contested.