Gregory E. Robinson, P.C.

If one of the Summary Administration methods will not work for you, we will need to open a full probate estate.  Missouri law requires an attorney if a full probate estate needs to be opened. A probate attorney can guide you through this process. The documents that need to be filed depends on whether a person died with or without a will.  Either way, an Application or Petition requesting that “Letters” be issued must be filed in the Probate Court.  This starts the process of Obtaining Authority from The Probate Court in order for the legal representative of the Probate Estate to act on behalf of the Probate Estate.  When filing the probate action, it must be determined if the legal representative is going to request Supervised or Independent Administration.  Although the Duties and Powers of the Legal Representative are similar whether the estate is Supervised or Independent, there are some important differences.  The last step in administering a Probate Estate is the one that thought to be one of the most important ones, Distributing the Assets (hyperlink) to the beneficiaries. 

Each probate estate is unique. While there a few commonalities for all probate estates in Missouri, each probate estate must be administered based upon the facts of that particular case. The Missouri licensed attorneys at the law firm of Gregory E. Robinson, P.C., have over fifty years combined experience and they can assist you if you have questions regarding the probate process. Gregory E Robinson meets with each of the firm’s clients personally to ensure that their questions are answered and that the firm can help navigate them through the complexities that can arise during the probate process. Losing a loved one is painful.  Our attorneys can help make the probate process as painless as possible.

The probate process can be time consuming and expensive.  If someone dies with assets that need to go through probate to settle an estate but the value of those assets is not significant, Summary Administration is available as a shortcut to the full probate process.  There are two main types of Summary Administration, the first being Refusal of Letters and the second being a Small Estate Affidavit.  Both methods generally are used to by-pass the full probate process.  Our attorneys can help determine if one of these summary administration methods will work for your situation.

Section 473.780 RSMO provides that if a will authorizes independent administration, either by specific reference to the Statute or by language authorizing that the estate be administered independently, without adjudication, order or direction of the court, then letters testamentary can be granted authorizing the personal representative to administer the estate independently.

If there is not a will or the will does not provide for independent administration and all of the legatees or heirs interested in an estate consent to independent administration, the court may authorize that the estate be administered independently. Section 473.780 RSMO.  However, even if the will provides for independent administration or all the heirs or legatees consent to such administration, the court can still require that the estate be supervised.  This can happen when a creditor requests it or if during the administration, the court believes that something is not being handled properly.  The court may also order supervised administration if a beneficiary questions how the administration is proceeding and requests the court to revoke the independent administration.

If the estate is supervised, it will take much longer to probate the estate due to the necessity of obtaining the appropriate orders from the probate court to administer the supervised estate. Consequently, in order to avoid some of the delay that results from a supervised estate, many testators and beneficiaries opt for independent administration.

In order to obtain the authority to act on behalf of the decedent, if there is a will, the person named in the will as the personal representative, must file a petition with the probate court asking the court to issue letters testamentary. If the court admits the will and issues letters testamentary to the personal representative, then he or she will be authorized to administer the estate of the decedent. Letters testamentary are usually granted to the person named in the will unless the court has found the person to be incompetent, unsuitable or improper, or if the person is disqualified or fails to apply for letters. 473.110 RSMO.

If a person dies without a will or intestate, an individual must petition the court for the authority to act on behalf of the decedent by filing a request for letters of administration. Section 473.110 RSMO. The individual named to act on behalf of an intestate estate is known as an administrator. Section 473.110 RSMO sets forth the individuals who may apply for letters of administration. The Statute provides that letters of administration may be granted to the husband or wife, or to one or more of those individuals who are entitled to the distribution of the estate, who the court believes will best manage and preserve the estate. The individuals who will be entitled to the distribution of the decedent’s estate are call heirs. The heirs of a decreased person are determined by statute as set forth in Section 474.010 RSMO.

There are time limits as to when an individual may apply for letters. There are also certain items required by Section 473.017 RSMO to be included in the application for letters testamentary or of administration. One of the items required to be included in the application is whether the application is for Supervised or Independent Administration (hyperlink). Generally, a person applying to be the Personal Representative must post a bond to insure they faithfully carry out their duties unless the bond has been waived in the will or by the court. Having to post a bond increases not only the expense of administering an estate, but also the requirements regarding who may serve as the legal representative of the Estate.

When an individual passes away Section 473.043 RSMO requires that the person having the custody of the will deliver it to the probate division of the circuit court which has jurisdiction of the estate.

If a will is in the safe deposit box of the decedent, the Statute requires that the custodian deliver the will to the proper probate court. The Statute also provides that if the probate division of the circuit court is satisfactorily informed that any person has in his possession the will of any testator, and refuses to produce the same, the court may summon the person, and compel that person, by attachment and commitment, to produce the same.