Detailed Answer
In Missouri probate, a personal representative (formerly known as executor or administrator) must file a final accounting in the probate division within one year after appointment. See Mo. Rev. Stat. § 472.380. If you anticipate delays—such as unresolved claims, complex assets, or beneficiary disputes—you can ask the court for additional time. Follow these steps:
- Confirm the Deadline. Review the probate division’s appointment order to identify your final accounting deadline.
- Draft a Motion for Extension. Title it “Motion for Extension of Time to File Final Accounting.” Include the estate name, case number, original deadline, requested new deadline, and your contact information.
- Show Good Cause. Explain reasons for delay: ongoing asset valuation, pending creditor claims, beneficiary disagreements, or the need for additional documents.
- File the Motion. Submit your motion and a proposed order granting the extension to the clerk of the probate division before the original deadline.
- Serve Notice. Deliver copies of the motion and proposed order to all interested parties and file a certificate of service with the court.
- Attend the Hearing. The court may schedule a hearing. Bring supporting evidence and be ready to explain the delay.
The court has discretion to grant extensions when a personal representative demonstrates good cause. If granted, the order will specify a new date for filing the final accounting. Missing the deadline or failing to secure an extension may expose you to court sanctions or removal as personal representative.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- File your motion at least 30 days before the deadline to avoid last-minute issues.
- Maintain organized records of all estate transactions and communications.
- Keep beneficiaries informed about any changes to timelines.
- Review local probate court rules for additional filing requirements.
- Consider informal dispute resolution to minimize delays.