Detailed Answer

When an estate administrator (sometimes called a personal representative or executor) in Missouri becomes unresponsive or refuses to distribute estate assets, heirs have several options. Missouri law gives the probate court authority to supervise estate administration, require an accounting, remove a personal representative who fails in duties, and impose monetary liability (surcharge) when the fiduciary breaches his or her duties. The steps below explain those options, practical steps you should take first, and the court remedies available.

1. What the administrator must do

The administrator must locate and secure estate assets, pay valid debts and taxes, file an inventory, render accountings to the probate court and interested persons, and distribute the estate according to the will or Missouri’s intestacy rules. Missouri statutes and the probate court supervise those duties; the court can enforce them if the fiduciary fails to act. (See Missouri Revised Statutes, Chapter 473 for statutes governing executors and administrators: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473.)

2. Practical first steps you should take

1. Document attempts to communicate. Send written requests (email and certified mail) asking for an accounting and a timeline for distribution. Keep copies of letters, emails, and notes of any calls.
2. Request an accounting in writing. Ask for a full accounting showing assets, debts paid, attorney and administration fees, and proposed distributions.
3. Check court records. Visit the probate court where the estate is filed to review court filings, inventories, accountings, and any orders. Many Missouri county courts post probate dockets online or allow in-person inspection.
4. Gather your own records. Keep documents showing your status as an heir or beneficiary (will, death certificate, family documents) and any communications with the administrator.

3. When to ask the court to act

If the administrator remains unresponsive, refuses to provide an accounting, refuses to distribute assets, or appears to be mismanaging or converting estate property, you may file motions in the probate court. Common court remedies include:

• Motion to compel accounting or to compel performance. Courts can order the administrator to produce a full accounting and explain delays.
• Petition for removal of the personal representative. If the fiduciary is neglecting duties, acting dishonestly, is incapacitated, or otherwise unfit, the court can remove and replace the administrator and appoint a successor. The court examines evidence and hears objections before removing a fiduciary.
• Surcharge or claim for breach of fiduciary duty. If the administrator misused or lost estate property, the court can hold the fiduciary personally liable to restore losses (surcharge) and award damages and possibly attorney fees.
• Citation for contempt. If the administrator disobeys a court order (for example, an order requiring an accounting), the court can hold the administrator in contempt, which can bring fines or other sanctions.
• Request bond claims. If the personal representative posted a probate bond, heirs can make a claim on that bond to recover losses caused by mismanagement or conversion.

4. How to start a court action in Missouri

File a written petition or motion in the probate division of the circuit court where the estate is pending. Typical filings include a petition (explaining facts and requested relief), supporting evidence (communications, account statements), and a proposed order. The court will schedule a hearing, notify interested persons, and decide whether to order an accounting, remove the representative, or impose other remedies. Local court clerks can explain filing procedures and required fees.

5. Timing and statute of limitations

Timing depends on the problem: demand an accounting promptly and move quickly if you suspect fraud or conversion. Some claims against a personal representative (for example, claims for wrongful acts) may be subject to statutory time limits; consult counsel early to preserve claims. Probate courts also set deadlines for filing objections to accountings and for taking other actions during administration.

6. When criminal conduct may be involved

If you suspect theft, embezzlement, forgery, or other criminal acts by the administrator, notify local law enforcement and the probate court. Criminal investigations can proceed alongside probate remedies.

7. When you should consider hiring an attorney

Consider hiring a probate attorney if the administrator refuses to cooperate, if assets appear missing, if accountings are incomplete or suspicious, or if you want to file a removal or surcharge action. An attorney can prepare pleadings, gather evidence (subpoenas and records), represent you at hearings, and advise on damages and appeals.

Key Missouri authority

Missouri statutes govern executors and administrators, the duties of fiduciaries, and court powers to supervise and remove fiduciaries. For statutory text and more detail, see the Missouri Revised Statutes (Executors and Administrators, Chapter 473): https://revisor.mo.gov/main/OneChapter.aspx?chapter=473. For local rules and procedures, contact the probate division of the circuit court in the county where the estate is filed or visit the Missouri Courts website: https://www.courts.mo.gov/.

Summary

If an estate administrator in Missouri becomes unresponsive or refuses to distribute assets, first document communications and request a written accounting. If the fiduciary still fails to act, file motions in probate court to compel accounting, remove the administrator, seek surcharge for breaches, or pursue contempt if the fiduciary disobeys orders. In cases of suspected theft, involve law enforcement. Because probate procedures and remedies can be complex, an experienced probate attorney can help you preserve rights and obtain a timely resolution.

Disclaimer: This information is for general educational purposes and does not constitute legal advice. Consult a licensed Missouri attorney about your specific situation.

Helpful Hints

• Send written requests for an accounting and keep certified-mail receipts and copies of all correspondence.
• Review the probate court file early—many answers (inventories, receipts, petitions for distribution) are in the court record.
• Act promptly if you suspect missing assets—delays can reduce options and complicate recovery.
• Ask the court clerk where the estate is filed for local probate forms and filing procedures.
• Consider requesting a temporary order if you fear the administrator will dissipate assets.
• Collect evidence of communications and transactions (bank statements, transfer records, emails) before filing court motions.
• If assets are large or disputes are contentious, hire a lawyer experienced in Missouri probate litigation.
• If you believe criminal conduct occurred, report it to local law enforcement and preserve records for investigators.