Detailed Answer
When someone dies in Missouri and you ask the probate court to appoint you as personal representative (executor or administrator) and to take the oath, the court will expect certain core documents and information. Most Missouri probate courts follow the requirements found in the Missouri Revised Statutes, Chapter 473 (administration) and Chapter 474 (wills). For county-specific forms and filing procedures, contact the local circuit court probate division or clerk.
Typical documents required to apply for appointment and to take the oath include:
- Certified copy of the death certificate. The court requires an official (certified) death certificate to open the estate file.
- Original will and any codicils (if one exists). If the decedent left a will, file the original will with the court. If no will exists, you will instead seek appointment as administrator.
- Petition or application for probate / appointment. This is the primary filing that asks the court to admit the will (if any) and to issue Letters Testamentary or Letters of Administration. Counties often provide standard forms (e.g., “Petition for Probate of Will and for Letters Testamentary” or “Application for Letters of Administration”).
- Oath or acceptance form. The personal representative must take the oath required by statute and file a written acceptance. Many courts include an acceptance and oath form to be signed in front of the clerk or a notary.
- Bond or bond waiver. Missouri law often requires a bond from the personal representative unless the will waives bond and the court approves. If bond is required, include a completed bond form and the proposed surety (insurance/surety company). If the will waives bond, file the waiver document (if present).
- Notice and service documents. The court usually requires proof that interested parties (heirs, beneficiaries, and sometimes creditors) were notified. This can include direct service affidavits and/or mailing lists. The specific notice rules and timing are governed by state law and local court rules.
- Renunciations, consents, or disclaimers (if applicable). If other nominated executors or potential administrators waive appointment or sign consents, file those signed documents so the court knows who accepts or declines the role.
- List of heirs and beneficiaries and their contact information. Courts generally expect the petitioner to provide the names and addresses of heirs-at-law and devisees so the clerk can issue notices.
- Small estate affidavit or alternative forms (when applicable). If the estate qualifies as a small estate under Missouri law, a simplified procedure may apply and different forms are used. Check local rules and statutes for small estate thresholds and requirements.
- Proof of identity for the petitioner. Bring photo ID and, when required, a verified affidavit stating your relationship to the decedent and basis for appointment.
After filing the petition and required documents, the court will review them. If the will requires proof (e.g., testimony of witnesses) you may need to provide witness affidavits or appear at a hearing. If the will is “self-proved” (signed and sworn in a manner allowed by statute), the court accepts it without live witness testimony. The personal representative will sign the oath and any bond documents before the court or a notary; the court then issues Letters Testamentary or Letters of Administration, which authorize the representative to act for the estate.
Missouri probate rules and statutory guidance are located in the Missouri Revised Statutes, including Chapter 473 (administration) and Chapter 474 (wills). See: RSMo Chapter 473 — Administration and RSMo Chapter 474 — Wills. For county-specific forms and filing fees, check your local circuit court probate division or clerk’s website.
Example (hypothetical): If Jane Doe dies leaving an original will naming John as executor, John would bring to the probate court: the certified death certificate, Jane’s original will, a completed Petition for Probate and for Letters Testamentary, any self-proving affidavit attached to the will (if present), an acceptance and oath form signed by John, a copy of a photo ID, and either a bond or a filed waiver of bond under the will. John would also submit a list of beneficiaries and their addresses so the court can issue notices.
How the oath fits in
The oath is the formal promise by the personal representative to perform duties faithfully and honestly. The oath form or acceptance is usually filed at the time of appointment. In many counties you will swear the oath before the clerk or a notary; the court will then record the oath and issue letters allowing you to manage estate affairs.
Where to find forms and local requirements
Probate procedures and form titles vary by county. Contact the circuit court probate division in the county where the decedent lived for local forms and filing instructions. Many Missouri counties publish probate forms online or provide them at the clerk’s office.
Important statutory references: For statewide statutory guidance see Missouri Revised Statutes chapters covering administration and wills at the Missouri Revisor of Statutes:
Disclaimer: This information is educational and general in nature and does not constitute legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Missouri probate attorney or the local probate court clerk.
Helpful Hints
- Call the county probate clerk before you go to confirm the exact forms, fees, and whether the court accepts emailed or online filings.
- Bring multiple certified copies of the death certificate—many institutions (banks, insurers) require their own certified copy.
- If you have the original will, keep it unmarked and file it immediately with the court to avoid questions about authenticity.
- If the will contains a bond waiver, still confirm with the court whether it accepts the waiver or requires a bond.
- Collect names, addresses, and contact information for heirs and beneficiaries before filing to speed up notice and service requirements.
- Ask whether the will is self-proved. A self-proved will usually avoids the need for witnesses to appear in court to prove the will.
- Consider whether the estate qualifies for a small-estate affidavit procedure; if so, the process is often faster and less expensive than full probate.
- Keep clear, dated records and copies of everything you file. The personal representative’s duties include inventory, accounting, and creditor notice obligations.
- If you expect disputes (contested will, unknown heirs), consult a probate attorney before filing to understand the risks and best filing strategy.