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Detailed Answer — What you need to know and do

This article explains, in plain language, how to formally challenge a sibling’s application for letters of administration under Missouri law. It assumes the deceased died without a valid will (intestate) or the will did not name a personal representative. This is general information only and not legal advice.

What letters of administration are: Letters of administration are court-issued authority that allow a person (the administrator) to manage and distribute a decedent’s estate when there is no valid will or no named personal representative. Missouri’s rules governing administration of estates are in the Missouri Revised Statutes, Chapter 473. For the statutory framework, see: RSMo Chapter 473 — Administration of Estates.

Who may object (standing): Generally, anyone who has a legally recognized interest in the estate may object. That includes heirs-at-law (spouse, children, other blood relatives), nominated personal representatives under a will, creditors with claims, and sometimes other interested parties. If you stand to inherit or have a claim that could be affected by the administrator’s appointment, you likely have standing to challenge the application.

Common legal grounds to challenge an application:

• Applicant lacks statutory priority or qualification to serve.
• Applicant is not competent or is legally incapacitated.
• Applicant has committed fraud, undue influence, or misrepresentation.
• Applicant has a felony conviction or other disqualifying factor under Missouri law.
• Conflict of interest (for example, applicant is a creditor with a substantial claim or has engaged in self-dealing).
• Improper notice or procedural defects in the application process.

Practical step-by-step process to formally challenge the application

1. Act quickly to preserve rights. Probate matters proceed fast. As soon as you learn that someone has applied for letters, obtain a copy of the filing from the probate court where the application was submitted.
2. Get the case number and file documents. Note the court name, case number, filing date, and any deadlines noted on the filing or on the court docket.
3. Review the application and notice papers. Look for who was served, what notices were given, whether a hearing is scheduled, and whether the applicant asked for immediate issuance of letters or temporary authority.
4. File a written objection or contest in the probate court. In most Missouri probate courts you must file a written pleading that explains your objections and the legal grounds. Title it something like “Objection to Application for Letters of Administration” or “Contest of Application for Appointment.” Include: case caption, your relationship to decedent, the specific grounds for contest, a short statement of facts you will rely on, and a request for relief (for example, denial of applicant’s request and scheduling of a hearing).
5. Serve the applicant and interested parties. Follow Missouri service rules for probate matters: provide the applicant and other named interested persons with a copy of your objection and any supporting exhibits (death certificate, medical records, criminal convictions, documents showing undue influence, etc.). The court clerk can advise the required method of service for the local court.
6. File a competing application if you seek appointment. If you want to be appointed instead, file a competing application asking the court to appoint you (or a neutral third party) and explain why the applicant is not suitable. The probate court will consider priority among applicants and the best interests of the estate.
7. Request a hearing and preservation orders. Ask the court for an evidentiary hearing. If the estate assets are at risk, ask for emergency or temporary relief — for example, an order preventing the applicant from transferring assets, or appointment of a temporary administrator. Missouri courts have authority to appoint temporary fiduciaries to protect assets pending dispute resolution (see RSMo Chapter 473 generally).
8. Gather evidence and prepare witnesses. Collect documents and identify witnesses who can testify about incapacity, undue influence, fraud, or other disqualifying conduct. Prepare affidavits if permitted and be ready for cross-examination at the hearing.
9. Attend the hearing and present your case. At the hearing the court will hear testimony, weigh evidence, and decide whether to grant letters to the applicant, deny them, or appoint an alternative administrator.
10. If denied, consider appeal. If the court’s decision is adverse, you may have an appeal right under Missouri appellate rules. Appeals involve strict deadlines and formal filings; consult a lawyer promptly.

Evidence and proof

Successful objections rely on clear proof. Examples of useful evidence include: criminal records, medical records showing incapacity, bank records demonstrating self-dealing, communications demonstrating undue influence, proof of failure to post required bond, or proof that the applicant does not have priority under Missouri intestacy rules. The court compares statutory priorities and the fitness of candidates before appointing a personal representative.

Costs, bonds, and protections

Probate courts often require administrators to post a bond to protect estate creditors and heirs. If you can show the applicant poses a risk, ask the court to require a higher bond or to order supervised access to assets. You can also ask for accounting requirements and inventory filings to create transparency.

When to hire an attorney

Contests can involve contested facts, technical probate rules, and strict timelines. If the estate is substantial, if allegations involve fraud or criminal conduct, or if the other party has legal representation, you should strongly consider hiring a probate attorney. An attorney can prepare pleadings, present evidence at hearings, negotiate settlements, and help with appeals.

Where to read Missouri law

Key statutory materials are in the Missouri Revised Statutes. Start with the administration chapter for general rules on appointment and duties: RSMo Chapter 473 — Administration of Estates. For procedural guidance and forms, the Missouri courts website has resources: Missouri Courts (courts.mo.gov). Local probate court clerks can confirm local filing procedures and required forms.

Summary checklist

• Obtain the probate filing and case number immediately.
• Confirm deadlines and scheduled hearings.
• File a written objection/contest in the probate court and serve interested parties.
• Consider filing a competing application if you want appointment.
• Request temporary protections (freeze on estate assets or temporary administrator) if assets are at risk.
• Gather strong documentary and witness evidence.
• Consider legal representation in contested or complex matters.

Disclaimer: This is general information about Missouri probate and is not legal advice. For advice specific to your situation, consult a licensed Missouri probate attorney.