Disclaimer: This is general information and not legal advice. Laws change and every situation is different. Talk to a Missouri-licensed probate attorney for advice about a specific case.

This section explains the typical steps and legal rules you will encounter when seeking appointment as an estate administrator (often called a personal representative) or as a co-administrator in Missouri. It assumes no prior legal knowledge and walks through the process, required documents, timing, and practical tips.

Overview of how Missouri probate appointment works

When someone dies, the court oversees administration of their estate. If the deceased left a valid will, the will usually names an executor. If there is no will, or the named executor cannot or will not serve, the circuit court appoints an administrator (personal representative). Missouri law and local probate court rules control who the court prefers and what steps you must take. For the statutes that govern probate and wills in Missouri, see the Missouri Revised Statutes chapters on probate and wills: RSMo Chapter 473 (Administration) and RSMo Chapter 474 (Wills).

Step‑by‑step: How to seek appointment as administrator or co-administrator in Missouri

1. Determine whether probate is needed.

   Not every estate needs full probate. Small estate procedures or transfer by affidavit may suffice if assets are limited. If probate is required, you will file a petition in the circuit court where the decedent lived at death.

2. Check for a will and for a nominated executor.

   If a will exists and it names an executor who is willing and qualified, the court generally admits the will to probate and issues letters testamentary to that person. If the named executor is unavailable, the court turns to other persons to serve.

3. Learn the priority rules and your eligibility.

   Missouri law gives priority to certain individuals when appointing a personal representative (for example, the person named in the will, then the surviving spouse, then adult children, etc.). The court also checks that a proposed representative is legally qualified (generally an adult who is not disqualified by law). The court has discretion to appoint co-administrators in cases where that serves the estate.

4. Prepare and file a petition with the probate division of the circuit court.

   The petition asks the court to admit the will (if any) and to appoint you as personal representative or co-administrator. The filing typically includes the original or a copy of the death certificate, the will (if any), and a proposed order. Most counties have local probate forms or instructions—check the local court clerk.

5. Provide notice to interested parties.

   After filing, Missouri procedure requires notice to heirs, devisees, and certain creditors. The court will set deadlines for objections. Proper notice gives recipients a chance to contest the appointment.

6. Attend the appointment hearing (if required).

   The court may hold a hearing where parties can object. If there is no opposition and paperwork is in order, some counties issue an appointment without a formal hearing.

7. Post a bond if required, and obtain letters of administration.

   The court may require a fiduciary bond to protect estate creditors and beneficiaries. After qualification (oath and bond), the clerk issues letters of administration (or letters testamentary) that give the appointed person authority to manage and distribute the estate.

8. If seeking co-administration, ask the court for dual appointment.

   Missouri courts can appoint co-administrators when appropriate (for instance, when multiple family members must cooperate). The petition should request co-administrator status and explain why it is appropriate. The court may limit each co-administrator’s powers or require joint action for certain transactions.

Common documents and information you will need

• Original death certificate
• Original will and any codicils (if available)
• Certified copies of birth/marriage certificates (to prove relationships) when needed
• List of known heirs and beneficiaries with contact information
• List of known assets and creditors
• Petition for probate/appointment (county probate form)
• Receipt and waiver forms from beneficiaries (if applicable)
• Proposed bond (if required) or waiver of bond

Timing, fees, and bond

Filing and appointment timing varies by county. Simple, uncontested matters may finish in a few weeks. Complex estates or contested appointments can take months. Expect court filing fees and possibly bond premium costs. The court decides the bond amount based on estate size and risk unless beneficiaries waive the bond.

If someone objects or multiple people want the job

If another person objects or seeks appointment, the court will resolve priority and fitness questions. Objections commonly allege that a nominated representative is unfit, unwilling, or otherwise disqualified. The court may hold a hearing and consider evidence. If multiple people seek appointment, the court applies statutory priority and may appoint co-administrators in appropriate cases.

When to consult an attorney

Consider hiring a Missouri probate attorney if any of the following apply: the estate is large or complex, the appointment is contested, there are disputes among heirs, the estate includes a business or out-of-state assets, or you are unsure how to complete forms or post bond. An attorney can prepare the petition, represent you at hearings, and explain duties once appointed.

Useful Missouri statute and court links

• RSMo Chapter 473 — Administration of Estates (Missouri Revised Statutes)
• RSMo Chapter 474 — Wills (Missouri Revised Statutes)
• Missouri Courts — Probate & Guardianship Information (court guidance and forms)

After appointment: basic duties of an administrator

Once appointed and qualified, a personal representative must inventory estate assets, notify creditors, manage estate property, pay valid debts and taxes, and distribute the remainder to beneficiaries per the will or Missouri intestacy rules. The representative files reports or accountings as the court requires and asks the court to close the estate when administration is complete.

Helpful Hints

• Contact the probate clerk in the circuit court where the decedent lived for local forms and filing instructions.
• Gather the original death certificate early; courts require it to open an estate file.
• If a will exists, locate the original document quickly. Originals simplify probate.
• If you are comfortable acting alone and the estate is small and uncontested, many counties provide simple packet forms to avoid needing a lawyer.
• If multiple family members want to serve, consider discussing co-administration and having one attorney help draft an agreed petition to avoid fights.
• Keep careful records and separate estate funds from personal funds; misuse can lead to personal liability.
• Ask beneficiaries to sign waivers of bond if they trust you and want to reduce costs; courts may accept that.
• When in doubt, consult a Missouri probate attorney for the appointment stage—errors at the outset can slow administration and increase costs.