Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Determine Eligibility and Intestate Status
If a person dies without a valid will (intestate) in Missouri, the probate court must appoint an administrator to manage the estate (RSMo § 473.195). Eligible petitioners include surviving spouses, children, parents or next‐of‐kin under RSMo § 473.200.
2. Gather Required Documents
- Certified copy of the decedent’s death certificate.
- List of heirs and their relationship to the decedent.
- Estimated value of estate assets.
- Personal identification of the proposed administrator.
3. Complete the Missouri AOC Probate Forms
Missouri’s Administrative Office of the Courts (AOC) provides statewide probate forms. Locate and download the packet at Missouri Probate Forms. Key forms include:
- Form PL-1: Application for Letters of Administration (petitions the court to appoint you as administrator).
- Form PL-3: Consent of Next-of-Kin (if required by local practice).
- Form PL-10: Oath of Administrator (sworn statement to faithfully perform duties).
- Form PL-11: Fiduciary Bond (guarantees honest estate administration).
- Form PL-14: Letters of Administration (court-issued document authorizing administration).
4. File with the Circuit Court Probate Division
- Submit the completed packet and supporting documents to the probate clerk in the county where the decedent resided.
- Pay the statutory filing fee (varies by county; typically $50–$100).
- Provide proof of bond or request bond waiver if eligible.
5. Court Review and Issuance
The judge will review the petition, verify qualifications and bond, then sign and issue Letters of Administration. You may receive the original letters in person or by mail.
Helpful Hints
- Contact the local probate clerk for county-specific procedures and fee schedules.
- Verify bond amount; courts set bond based on estate value.
- Publish a notice to creditors in a local newspaper if required under RSMo § 473.033.
- Keep copies of all filings and correspondence for your records.
- Consult an attorney if the estate has complex assets or disputes among heirs.