Letters Testamentary in Missouri
How the Missouri probate court issues letters testamentary or letters of administration, and what you need to apply.
Short answer: 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. RSMo § 473.110
| 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 |
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| Who can be executor | A person under 18, of unsound mind, under legal disability from a criminal conviction, or a habitual drunkard may not serve; full-time judges and court clerks may serve only for close relatives. A nonresident may serve but must first file a designation of a Missouri resident agent. A bond is generally required, but the will may express a wish that no bond be required and the court may waive bond for good cause. Source: RSMo §§ 473.117, 473.160 |
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FAQ
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.
Who can be an executor in Missouri?
A person under 18, of unsound mind, under legal disability from a criminal conviction, or a habitual drunkard may not serve; full-time judges and court clerks may serve only for close relatives. A nonresident may serve but must first file a designation of a Missouri resident agent. A bond is generally required, but the will may express a wish that no bond be required and the court may waive bond for good cause.
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.