Detailed Answer: How the Missouri probate court appoints an administrator when a spouse dies intestate and family members won’t cooperate
This is a plain-language guide to the typical steps, legal rules, and options when your spouse died without a will (intestate) in Missouri and the decedent’s relatives are refusing to cooperate. This explains how to ask the circuit (probate) court to appoint you as the personal representative (administrator) so you can manage the estate, secure assets, and distribute property according to Missouri law.
Key legal framework: Missouri’s probate rules on appointment and administration are found in the Missouri Revised Statutes, primarily Chapter 473 (Administration of Estates) and Chapter 474 (Descent and Distribution). See: RSMo Chapter 473 and RSMo Chapter 474.
1. Who has priority to be appointed?
Under Missouri law the court follows a statutory priority order when appointing a personal representative. Generally the surviving spouse is at or near the top of that list. If you are the surviving spouse, you normally have priority over other relatives to be appointed administrator, unless the court finds a reason to deny your appointment (for example, incapacity or lack of fitness).
2. Where to start — which court and where to file
File a petition for administration in the Missouri circuit court in the county where the deceased person lived at death. The local circuit court’s probate or common-law division handles these matters. The petition asks the court to appoint you as administrator because there is no valid will and you are an appropriate person to serve.
3. Typical documents you will need to file
- Certified or certified-copy death certificate.
- Petition for appointment of administrator (sometimes called Petition for Administration or Petition to Open Estate).
- Information about known heirs/next of kin (names and addresses) and the decedent’s assets and debts as you know them.
- Marriage certificate showing you were married to the decedent (if available).
- Proposed bond amount (the court may require a bond unless waived).
4. Notice and publication requirements
The court requires notice to the decedent’s heirs and to creditors. Some counties require published notice in a local newspaper. The court clerk will give instructions or the local probate rules will specify required notices. Even if relatives won’t cooperate, the court process requires you to notify them so they can object if they have legal grounds.
5. Hearings, objections, and what happens if the family objects
After you file, the court schedules a hearing. Relatives can object to your appointment. Common reasons for an objection include a claim that another person has higher priority or that the proposed administrator is unfit. If the family objects, the court will decide based on the statutory priority, facts, and any evidence of misconduct or incapacity.
Because the surviving spouse typically has priority, objections by other family members often fail unless they prove a compelling reason. If relatives refuse to cooperate (e.g., won’t provide information or won’t sign forms), the court still has authority to appoint you and order them to comply with estate procedures.
6. Letters of administration and control of assets
If the court appoints you, it issues letters of administration (sometimes called “letters testamentary” for wills). Those letters are the documentary proof banks, title companies, and others require before turning over funds, releasing accounts, or allowing you to sell or manage assets. If family members block access, present the letters to institutions — they normally must follow the court’s appointment.
7. Bond and inventory
The court often requires the administrator to post a bond to protect the estate against mismanagement. In many cases, a spouse who is also the sole heir or where parties agree may request bond waiver; the court will decide under the statutes and local rules. After appointment, you’ll typically file an inventory of estate assets with the court and later periodic accounts.
8. Small-estate and expedited options
If the estate is small, Missouri has simplified procedures (small-estate affidavits or other summary procedures) that may let a surviving spouse collect assets without formal administration. Whether these apply depends on the total value of assets and the types of assets (banks, motor vehicles, real estate). Check the statutes in Chapter 474 and the local court rules or ask the clerk whether a small-estate process fits your situation.
9. What to do if relatives take assets or refuse to hand over property
If relatives seize or withhold estate property, file a petition with the probate court describing the problem. The court can issue orders to return property, require accounting, or hold wrongdoers in contempt. Do not try to retrieve property yourself by force — use the court’s powers.
10. Timeline and costs
Timing varies by county and whether the matter is contested. Uncontested appointments may take a few weeks. Contested matters can take months. Filing fees, bond costs, publication costs, and attorney fees (if you hire counsel) are typical expenses. Costs may come out of the estate.
11. When to hire an attorney
You are not required to have an attorney to file for appointment, but consider hiring one when:
- Relatives are actively contesting appointment.
- The estate is complicated (real property, business interests, tax issues, or significant debts).
- You need emergency court orders (to protect assets, prevent removal of property, or obtain immediate authority).
12. Helpful Missouri statute references
- Administration of estates—Missouri Revised Statutes, Chapter 473: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473
- Descent and distribution (intestacy rules)—Missouri Revised Statutes, Chapter 474: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474
Bottom line: If you are the surviving spouse, Missouri law generally gives you priority to be appointed administrator of your spouse’s estate even if the decedent’s relatives won’t cooperate. Start by filing a petition for administration in the circuit court where your spouse lived, provide required notices, and ask the court to issue letters of administration. If family members object or take estate property, the probate court has authority to resolve disputes and order return of property. Because rules and local procedures vary, consult the statutes cited above and consider getting help from a probate attorney in your county when matters are contested or complex.
Disclaimer: This article is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in Missouri.
Helpful Hints
- Gather essential documents before you file: certified death certificate, marriage certificate, lists of known assets & debts, and contact info for potential heirs.
- Call the circuit court clerk’s office in the county where your spouse lived to get filing requirements, local forms, and publication rules.
- Ask the court about bond waivers if you are the surviving spouse and the likely sole heir; waivers can save money and time.
- Use letters of administration as your proof of authority — banks and other institutions will usually require these before releasing funds.
- If the estate is small, ask the clerk if a small-estate affidavit or simplified procedure applies.
- Don’t let relatives intimidate you into giving up your rights. Use the court process — file a petition and request relief if they withhold property.
- Keep careful records: inventories, receipts, and communications with relatives or institutions will protect you if someone questions your actions later.
- Consider limited legal help if you cannot afford full representation: some attorneys offer probate unbundled services (help with filing only) or limited consultations.
- Look up the statutes cited above for more detail: RSMo Chapter 473 and Chapter 474 at the Missouri Revisor website.