Detailed Answer

Short answer: Under Missouri law, a sibling can qualify to be appointed administrator (personal representative) of a decedent’s estate when the decedent died without a will (intestate) if no one with higher priority (such as a surviving spouse, children, or parents) seeks appointment. To become administrator you must file in the probate division of the circuit court where the decedent lived, provide required documents (death certificate, list of heirs and assets), ask the court for letters of administration, and meet bond and notice requirements set by the court.

How this works in plain language

1. Check whether probate is needed. Not every estate requires a full probate. Missouri allows certain nonprobate transfers and has procedures for smaller estates. If the estate is small or all significant assets pass by beneficiary designation or joint ownership, you may not need formal appointment. For estates that do require probate, the court supervises the process and appoints a personal representative to collect assets, pay debts and distribute the remainder to heirs.
2. Who has priority to be administrator? Missouri law gives priority to certain people when appointing a personal representative. Typically the order gives preference to a nominated person in a valid will (not applicable here), then the surviving spouse, then other close relatives. If no spouse, no surviving children, and no parents step forward or are available, siblings may have priority. If multiple people of the same priority (for example, several siblings) request appointment, the court will consider their petitions and may appoint one by agreement or after a hearing.
3. File a petition for appointment in the correct court. You must file a petition for appointment of an administrator (often called “petition for letters of administration” or “petition for administration”) in the probate division of the circuit court in the county where the decedent was domiciled at death. The petition typically asks the court to appoint you as administrator and to issue letters of administration so you can act for the estate.
4. Prepare required documents. Typical items the court will require with the petition include a certified death certificate, a list of known heirs and their addresses (heirs-at-law), an inventory or estimate of estate assets, and information about known creditors. If others entitled to appointment sign waivers (for example, siblings or other relatives who agree you should serve), that simplifies the process and may avoid a contested hearing.
5. Bond and oath. Unless the court waives bond, Missouri courts commonly require the administrator to post a fiduciary bond that protects the estate’s creditors and heirs. The court will also require you to take an oath to perform your duties lawfully. After the court grants the petition and you meet bond and oath requirements, the court issues letters of administration (sometimes called letters of personal representative), which prove your authority to act.
6. Notice and potential contests. The court may require notice to heirs and known creditors. If another person with equal or higher priority objects to your appointment, the court will schedule a hearing to resolve who should serve. Contests can delay the process and often benefit from attorney involvement.

Key Missouri statutory sources and where to read them

• Probate and administration rules (statutory framework): Missouri Revised Statutes, Chapters dealing with wills, administration, and probate procedures—see RSMo Chapter 473. https://revisor.mo.gov/main/OneChapter.aspx?chapter=473
• Intestate succession (who inherits when there is no will): Missouri Revised Statutes—see RSMo Chapter 474. https://revisor.mo.gov/main/OneChapter.aspx?chapter=474

These chapters explain the court’s authority to appoint a personal representative, the order of priority among potential appointees, bond and fiduciary duties, distribution rules when there’s no will, and the procedural requirements. For practical filing procedures and local rules, the circuit court (probate division) in the decedent’s county has forms and clerk instructions. The Missouri Judicial Branch provides general probate information: https://www.courts.mo.gov

Typical timeline and practical steps

1. Gather documents: certified death certificate, asset information (bank, real estate, titles), list of relatives/possible heirs, contact info.
2. Contact the probate clerk in the county where the decedent lived to confirm local forms, filing fee, and hearing schedule.
3. File the petition for letters of administration. Serve or give required notices to heirs and known interested parties as directed by the court.
4. If no objections and bond is posted (or waived), receive letters of administration and begin estate administration (collect assets, pay debts and taxes, prepare inventory and accountings as required by the court).

When a sibling may be blocked from appointment

• If a surviving spouse, child, or parent with higher priority seeks appointment, a sibling may not be appointed unless the higher-priority person declines or is unavailable.
• If another sibling or relative petitions and the court prefers them (for example, they live closer or are better able to administer the estate), the court may choose someone else.
• If you have conflicts of interest or a creditor dispute, the court may require additional safeguards such as higher bond or appointment of a neutral administrator.

When to get a lawyer

Consider consulting a probate attorney if the estate is complex (real property, business interests, tax issues), if multiple people claim appointment or contest the appointment, or if you anticipate disputes with creditors or heirs. An attorney can prepare filings, represent you at hearings, and help you meet fiduciary duties properly.

Disclaimer

This article explains general Missouri probate concepts and is for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and does not substitute for consulting a qualified probate attorney about your specific situation.

Helpful Hints

• Start by calling the probate clerk in the circuit court where the decedent lived; they can list required forms and local filing fees.
• If multiple siblings want to serve, try to agree on one administrator and sign a written consent to present to the court—this often speeds up appointment.
• Collect and secure valuable documents early: deeds, bank statements, insurance policies, and beneficiary designations.
• Keep detailed records of all estate transactions and communications; the court will require accounting and beneficiaries will expect transparency.
• If the estate seems small, ask the clerk about simplified procedures or small-estate affidavits that may avoid full probate.
• Be prepared to post a fiduciary bond unless all interested parties waive it in writing and the court approves the waiver.
• When in doubt, get local legal advice—the statutes and local practices control the outcome.