Executor Duties in Missouri
What an executor (personal representative) must do in Missouri: getting letters, notifying creditors, inventory, paying debts and closing the estate.
Short answer: Within 30 days after letters are granted (unless the court allows more time), the personal representative must file an inventory and appraisement of all the decedent's property, classified by type, with any liens. RSMo §§ 473.233, 473.360, 473.540
| Executor's duties | Within 30 days after letters are granted (unless the court allows more time), the personal representative must file an inventory and appraisement of all the decedent's property, classified by type, with any liens. Notice of letters is published so creditors can file claims, which are barred unless filed within six months after first publication. The representative must file a statement of accounts for settlement every year on the anniversary of letters until administration is complete, and must file a final settlement on the first court day after six months and ten days from first publication of notice of letters, or as soon after as administration is completed. Inventory: https://revisor.mo.gov/main/OneSection.aspx?section=473.233; creditor claims: https://revisor.mo.gov/main/OneSection.aspx?section=473.360 |
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| Letters testamentary | Estates are opened in the probate division of the circuit court. 'Letters testamentary' are granted to the personal representative named in the will; if none qualifies, to another qualified person. Without a will, 'letters of administration' go first to the surviving spouse, then to one or more of those entitled to distribution whom the court believes will best manage the estate; a person with priority may nominate someone else. A nonresident may be appointed. Disqualifications and bond rules: RSMo §§ 473.117, 473.160. Source: RSMo § 473.110 |
| Deadline for creditor claims | Claims must be filed in the probate division within 6 months after the first publication of notice of letters (or, for a creditor mailed or served notice, 2 months after mailing or service, whichever is later). Most claims are barred 1 year after death whether or not an estate is opened. Source: RSMo §§ 473.360, 473.444 |
More Missouri estate law
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- Who Inherits If You Die Without a Will in Missouri
- How to Make a Valid Will in Missouri
- How Probate Works in Missouri
- Living Wills and Advance Directives in Missouri
- Revocable Living Trusts in Missouri
- Letters Testamentary in Missouri
- Affidavit of Heirship in Missouri
- How to Avoid Probate in Missouri
- Transferring a Car After Someone Dies in Missouri
- All Missouri wills, probate and estate rules
FAQ
What does an executor have to do in Missouri?
Within 30 days after letters are granted (unless the court allows more time), the personal representative must file an inventory and appraisement of all the decedent's property, classified by type, with any liens. Notice of letters is published so creditors can file claims, which are barred unless filed within six months after first publication. The representative must file a statement of accounts for settlement every year on the anniversary of letters until administration is complete, and must file a final settlement on the first court day after six months and ten days from first publication of notice of letters, or as soon after as administration is completed.
How do I get letters testamentary in Missouri?
Estates are opened in the probate division of the circuit court. 'Letters testamentary' are granted to the personal representative named in the will; if none qualifies, to another qualified person. Without a will, 'letters of administration' go first to the surviving spouse, then to one or more of those entitled to distribution whom the court believes will best manage the estate; a person with priority may nominate someone else. A nonresident may be appointed.
How long do creditors have to file claims against an estate in Missouri?
Claims must be filed in the probate division within 6 months after the first publication of notice of letters (or, for a creditor mailed or served notice, 2 months after mailing or service, whichever is later). Most claims are barred 1 year after death whether or not an estate is opened.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.