Detailed Answer
When someone dies without a valid will in Missouri, the probate court appoints a personal representative—called an administrator—to manage and distribute the estate. To request letters of administration, you must submit specific documents to the probate division of the circuit court in the county where the decedent resided—per RSMo §473.020.
1. Petition for Letters of Administration
Prepare and file a Petition for Appointment of Personal Representative. The petition typically includes:
- Decedent’s full name and last known address.
- Date and place of death.
- Statement that no will has been presented.
- Names, relationships, and addresses of all heirs at law.
See RSMo §473.020: https://revisor.mo.gov/main/OneSection.aspx?section=473.020.
2. Certified Copy of the Death Certificate
Attach a certified copy of the decedent’s death certificate. The probate court needs this proof of death before issuing letters.
3. Affidavit of No Will
Include an Affidavit of Diligent Search and No Will Found. Two disinterested individuals must swear they searched for a will and none was found. See RSMo §473.190: https://revisor.mo.gov/main/OneSection.aspx?section=473.190.
4. Bond or Waiver of Bond
Missouri law generally requires the administrator to post a surety bond to protect estate creditors and beneficiaries. You may:
- File a bond in the amount set by the court with a licensed surety.
- Obtain written waivers of bond from all heirs if they consent to waive or reduce the bond. See RSMo §473.210: https://revisor.mo.gov/main/OneSection.aspx?section=473.210.
5. Notice to Heirs and Creditors
After filing the petition, the court issues an order to notify all heirs and known creditors. You must publish a notice in a local newspaper per RSMo §473.033.
6. Court Filing Fees
Pay the required probate filing fees. Fees vary by county. Contact the clerk’s office for the current schedule.
7. Appointment Order and Letters
Once the court reviews and approves your documents, it signs an Order of Appointment and issues Letters of Administration. These letters grant you legal authority to collect assets, pay debts, and distribute property according to Missouri’s intestacy rules under RSMo §474.011: https://revisor.mo.gov/main/OneSection.aspx?section=474.011.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Helpful Hints
- Confirm venue: File in the county where the decedent lived or owned real estate.
- Gather heir information early: Accurate addresses speed up service.
- Check for an existing bond waiver form from the probate court.
- Maintain copies of every filing and correspondence.
- Ask the clerk for local form templates and fee schedules.