FAQ: Appointment as Administrator of an Intestate Estate in Missouri

Disclaimer: I am not a lawyer. This article is educational and does not constitute legal advice. For advice about your specific situation, contact a Missouri probate attorney or the probate division of the circuit court in the county where the decedent lived.

Detailed answer — Step-by-step: how appointment works when a person dies without a will in Missouri

This section explains the typical process and legal rules that apply in Missouri when someone dies intestate (without a valid will) and you want to be appointed as the administrator (personal representative). For statute-level authority on estate administration and intestate succession, see the Missouri Revised Statutes, Chapter 473 (Administration of Estates) and Chapter 474 (Distribution of Estates):

• RSMo Chapter 473 — Administration of Estates
• RSMo Chapter 474 — Distribution of Estates (Intestate Succession)

1. Confirm jurisdiction and basic facts

Start by confirming the decedent’s legal domicile (the county where they lived). Probate petitions are filed in the circuit court of the county where the deceased was domiciled. You will also need a certified copy of the death certificate and a list of known heirs and creditors.

2. Who may be appointed?

When a person dies intestate, Missouri law lets the court appoint a qualified person to serve as the personal representative (commonly called an administrator). Courts generally prefer a close family member (spouse, adult children, next of kin). If several people ask, the court looks at priority, willingness, and fitness to serve. If you are a surviving sibling and there is no spouse or surviving child, you are typically within the class of persons the court may appoint.

3. File the required petition

Visit the circuit court clerk’s office in the decedent’s county to file a petition or application for appointment as administrator (often called an application for letters of administration or appointment of personal representative). Typical items the clerk will require:

• Application or petition form (available from the clerk or court website)
• Certified copy of the death certificate
• Names and addresses of heirs and next of kin
• Statement of known assets and estimated values
• Filing fee (amount varies by county)

4. Notice, bond, and background checks

The court will set a date to consider the petition. Missouri usually requires that notice be given to interested persons and creditors. The court commonly requires the administrator to post a fiduciary bond to protect the estate against mismanagement. The bond amount depends on estate value. In some situations, the court may accept a waiver of bond in writing from all distributees or may reduce or waive the bond for a qualified personal representative; discuss these options at filing.

5. Letters of administration and duties

If the court approves the petition and any required bond, it issues letters of administration (or letters testamentary if a will exists) that give you authority to act for the estate. As administrator you must:

• Gather and inventory estate assets and file an inventory with the court
• Provide notice to creditors and evaluate/resolve valid claims
• Manage and protect assets (maintain property, pay necessary expenses)
• File income or estate tax returns if required
• Distribute assets to heirs according to Missouri’s intestacy rules after debts and expenses are paid
• Close the estate by filing a final accounting and petition for discharge

6. Intestate distribution (who inherits)

If a person dies without a will, Missouri’s intestacy rules control who inherits. Chapter 474 describes the distribution scheme (for example, spouse, children, parents, siblings, etc.). If the decedent left no spouse or descendants, siblings (or their children) may inherit. The court will apply those rules when approving distributions.

7. Typical timeline and fees

Timing varies by county and estate complexity. A simple estate with cooperative heirs and limited assets might proceed to appointment and distribution in several months. Estates with real property, claims, or disputes can take a year or more. Costs include filing fees, bond premium, attorney fees (if you hire counsel), appraisals, and administrative expenses paid from the estate.

8. If someone contests your appointment

Other interested persons may object to your appointment or to your actions as administrator. An objection could lead to a contested hearing. In contested situations the court will evaluate the fitness of candidates and potentially appoint a different person. If a dispute arises over inheritance rights or creditor claims, consider seeking counsel.

9. When to hire an attorney

If the estate is large, has complex assets (business interests, out-of-state property), contested claims, or competing applicants for administration, hire a Missouri probate attorney. An attorney can prepare and file the petition, advise on bonds, negotiate claims, and represent you at hearings. For routine, small estates you may be able to proceed without an attorney, but the court clerk can explain local filing requirements.

Hypothetical example

Example facts: your sister, age 68, died in Jefferson County, Missouri, without a will. She had no spouse and no surviving children, but two siblings (you and another sister). Her estate consists of a house, a checking account, and some personal property. Steps you would likely take:

1. Get a certified death certificate and confirm Jefferson County is the probate venue.
2. Visit the Jefferson County circuit court clerk’s office to get the required application for letters of administration and ask about fees and bond requirements.
3. File the application, provide the names/addresses of heirs, estimate assets, and either post a bond or obtain written waivers from heirs if permitted by the court.
4. Serve required notices and, after appointment, inventory the estate, notify creditors, pay valid claims, and then distribute the remaining assets to heirs under Missouri intestacy rules.

Helpful Hints

• Go to the circuit court clerk in the county where the decedent lived. Clerks provide local forms, filing fees, and procedural guidance.
• Bring a certified death certificate and photo ID when you file.
• Prepare a simple asset list (real estate, bank accounts, vehicles, debts) before filing—this speeds the process.
• Ask whether the court requires or will accept a bond and how to obtain one. Bond companies can issue fiduciary bonds quickly.
• Give prompt notice to heirs and creditors as required—missing notice deadlines can create later problems or claims against the administrator.
• Keep careful records and receipts; you’ll need them for the inventory and final accounting to the court.
• If other relatives want to avoid court administration and the estate qualifies, ask the clerk about small-estate or summary procedures that can speed distribution.
• If a dispute is likely or the estate is complex, consult a probate attorney early to reduce delays and potential personal liability.

Relevant statutory references and resources:

• RSMo Chapter 473 — Administration of Estates (procedures for appointment, letters, fiduciary duties)
• RSMo Chapter 474 — Distribution of Estates (Intestate Succession) (rules on who inherits when there is no will)

If you want, tell me the county where your sister lived and a brief list of the assets you know about. I can outline the likely next documents to file and local steps you should expect at the circuit court clerk’s office.