How a Next of Kin Can Qualify to Be Appointed Estate Administrator in Missouri

Disclaimer: I am not a lawyer. This article explains general Missouri probate principles to help you decide whether to consult a probate attorney. This is not legal advice.

Detailed Answer

If someone dies without a valid will (intestate) in Missouri, the probate court appoints a personal representative (often called an administrator) to collect the estate assets, pay debts, and distribute the remainder to heirs. A next of kin can qualify for appointment if they meet the court’s basic requirements and win priority over other potential appointees.

Who counts as “next of kin”?

“Next of kin” generally means the decedent’s closest relatives under Missouri’s intestacy rules: spouse, children, parents, siblings, grandparents, nieces/nephews, aunts/uncles, and more distant relatives if closer relatives are absent. The exact order of inheritance and who has priority for appointment follows Missouri law on intestate succession and probate appointments. For Missouri statutes on probate and administration see RSMo Chapter 473: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473.

Basic qualifications a next of kin must meet

• Age and capacity: Most courts require an appointee to be an adult (18+) with mental capacity to manage estate affairs.
• Competence: The individual must be physically and mentally able to perform duties and follow court orders.
• No legal disqualifications: Certain disqualifying factors can bar appointment, such as felony convictions or having conflicts that make the person unsuitable. The court will consider whether the person can properly protect the estate and creditors.
• Priority among claimants: If multiple relatives seek appointment, the court follows statutory priority to decide who gets preference. Close relatives (spouse, then children) usually have priority.

Steps a next of kin should take to seek appointment

1. Identify whether probate is required. If the decedent owned assets titled solely in their name above Missouri’s small-estate threshold, formal probate is usually required.
2. Locate and review any will. If a valid will names a personal representative, the court normally appoints that person unless they are unavailable or unqualified. If there is no will or no named agent available, next of kin may petition.
3. File a petition for administration with the probate court in the county where the decedent lived. The petition asks the court to appoint an administrator and usually requires a death certificate and list of heirs.
4. Provide notice. Missouri law requires notice to interested persons and creditors so they can object to the appointment if appropriate.
5. Post bond if required. The court may require a bond (insurance-like protection for the estate) unless a bond waiver exists or the court excuses it. Heirs can sometimes agree to waive bond to speed appointment.
6. Attend the court hearing. If no objections arise, the court issues Letters of Administration (or Letters Testamentary if a will exists) that give legal authority to act for the estate.

What the court considers when choosing among next of kin

The court weighs:

• Statutory priority (spouse, children, other heirs).
• Competence, availability, and willingness to serve.
• Potential conflicts of interest (for example, if the claimant is accused of causing the death, misappropriating estate property, or has other adverse claims).
• Whether a surety bond will be posted if required.

After appointment: immediate duties

• Secure and inventory assets.
• Provide notice to creditors and pay allowable debts and taxes.
• File required inventories and accountings with the court.
• Distribute remaining assets to heirs under Missouri intestacy rules or the will.

Where to find the exact Missouri rules and forms

Missouri’s probate procedures and appointment rules are in the Missouri Revised Statutes (see Chapter 473 for administration and related sections): https://revisor.mo.gov/main/OneChapter.aspx?chapter=473. County courts also publish local probate forms and filing instructions—check the probate clerk’s page for the county where the decedent lived.

Helpful Hints

• Start by locating the decedent’s will (if any) and a certified copy of the death certificate.
• Talk with other heirs early. If heirs agree, they can sign a bond waiver or consent that speeds appointment.
• Gather basic documents: death certificate, list of assets, account statements, and any beneficiary designations (life insurance, retirement accounts) which may pass outside probate.
• Expect to sign an oath as administrator and to file regular reports with the court.
• If you have concerns about being disqualified or about other claimants, consult a probate attorney promptly to assess strategy and filings.
• Use the Missouri Revised Statutes (Chapter 473) for statutory language and county court websites for local forms and filing fees: RSMo Chapter 473.

If you want, tell me the county where the decedent lived and any special facts (a will exists, whether the spouse is alive, whether anyone objects). I can outline the likely next steps in that county and the documents you will need to prepare.