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Missouri Executor Duties
Pillar GuideMissouri11 min read

Missouri Executor Duties

Missouri executor duties in order: apply for letters in the Probate Division, file the 30-day inventory, notify creditors, pay debts, and close the estate.

By Settled Editorial

Missouri executor duties begin with getting appointed. You apply for letters in the Probate Division of the Circuit Court for the county where the person lived, and the court issues your letters. Missouri runs probate through that division, not a standalone probate court. Your letters are your proof of authority, and banks, the DMV, and title companies ask to see them before they release anything.

Once the court appoints you, you are a fiduciary for the estate. You take control of the property, file an inventory, notify creditors, pay valid debts in the order Missouri sets, and distribute what remains. This guide walks the duties in deadline order. It is general information, not legal advice. Confirm each step with the Probate Division of the Circuit Court or a licensed Missouri attorney.

Use this guide with the Missouri probate guide, the Missouri creditor claims guide, the Missouri debt payment priority guide, the Missouri executor bond guide, and the Missouri probate accounting guide. For deadlines at a glance, see the Missouri probate timeline. For your local court, see the Missouri Probate Division directory.

Get Appointed by the Probate Division First

Authority comes from your letters, not from the will naming you. A named executor can locate the original will, secure the home, and gather the account statements before appointment. But you cannot collect accounts, sign estate documents, or transfer title until the court appoints you and issues letters.

To get appointed, you file an application for letters in the Probate Division of the Circuit Court for the county where the person was domiciled. The application states the heirs, the beneficiaries, and the estimated value of the estate (RSMo 473.017). With a valid will you receive letters testamentary and serve as executor. Without a will you receive letters of administration and serve as administrator. Missouri gives both roles the same title: personal representative. The duties below apply the same way to each.

Before you take up the office, you post a bond unless the will waives it or the court excuses it (RSMo 473.157). See the Missouri executor bond guide for when a bond is required and how the court sets the amount.

Supervised or Independent Administration

Missouri gives you two tracks. Under supervised administration, the Probate Division reviews the major steps, and you file settlements the court approves. Under independent administration, you handle the routine acts without ongoing court orders, though you still open the estate, notify creditors, file an inventory, and close it. The Missouri Independent Administration of Estates Law sets that path (RSMo 473.780 to 473.843).

You reach independent administration when the will authorizes it by specific reference, or when the distributees request or consent to it. Independent administration cuts the number of court steps, but your fiduciary duty to the heirs and creditors stays the same. Confirm which track your estate is on before you plan the filings, because the settlement rules differ.

Duty 1: Take Control of the Estate Property

Your first job after appointment is to gather and protect the estate. You have the right to take possession of the decedent's personal property, other than the exempt property of a surviving spouse and unmarried minor children, and to administer it under Missouri law (RSMo 473.263). You keep estate money in a separate estate account, never mixed with your own.

Real property works differently, and it is covered below. You take possession of real estate only when the court orders it because a sale is needed to pay claims or because the property must be preserved. For everything you hold, gather the date-of-death values now, because the inventory is due fast.

Duty 2: File the Inventory and Appraisement Within 30 Days

The inventory is your first filing with the court. Within thirty days after your letters are granted, unless the court grants more time, you file an inventory and appraisement of the estate property, including exempt property, with a statement of liens and encumbrances (RSMo 473.233).

Build the worksheet before the filing is due. For each asset, record the owner name, the account or title number, the date-of-death value, any lien, and the source document. If property turns up after you file, you report it in a supplemental inventory. Getting the values right here matters, because the inventory value drives the court cost and the commission base later.

Duty 3: Notify Creditors and Watch the Six-Month Bar

Soon after the court grants letters, you publish a notice of letters in a newspaper in the county. That published notice starts the creditor claim period. A creditor who does not file a claim in the Probate Division within six months after the first published notice, or within two months after you mail or serve notice on that creditor, whichever is later, is forever barred (RSMo 473.360).

A separate outer limit also applies. All claims against the estate are absolutely barred one year after the date of death, whether or not any notice was published (RSMo 473.444). Do not confuse the two. The six-month window runs from publication, and the one-year bar runs from the death. The one-year bar can cut off a claim even when no estate was ever opened. Mail notice to the creditors you know about, keep proof of what you sent, and see the Missouri creditor claims guide.

Duty 4: Pay Debts in the Statutory Order

When valid claims come in, you pay them in the order Missouri sets, not in the order they arrive. Costs of administration, funeral expenses, and certain family allowances come ahead of general unsecured debts. If the estate cannot pay every claim, the order decides who gets paid and who does not, and paying a lower-priority claim first can leave you personally exposed.

Do not guess at the priority. See the Missouri debt payment priority guide and confirm the order with the Probate Division before you release estate funds.

Duty 5: File Settlements and Account for the Estate

Settlements are how you show the court what you received, what you paid, and what remains. In supervised administration you file a statement of your accounts with vouchers. You file on the anniversary of your letters each year until the estate closes, and you file a final settlement when the estate is ready to close (RSMo 473.540). An estate generally cannot close before the six-month creditor claim period runs.

In independent administration you file a statement of account and a distribution rather than court-approved annual settlements, but you still account to the distributees and close the estate. For a walkthrough of what goes in each filing, see the Missouri probate accounting guide.

Duty 6: Distribute Only After Claims and Taxes Clear

Distribution comes last, and only after the estate can support it. Before you hand anything to an heir or beneficiary, walk this checklist:

  1. Has notice of letters been published and mailed to known creditors?
  2. Has the six-month claim period run?
  3. Is the inventory filed and accepted?
  4. Are valid claims paid in the statutory order?
  5. Are the family and exempt-property allowances set aside for a surviving spouse or minor children?
  6. Are final income tax returns filed or accounted for?
  7. Does your settlement support every receipt, payment, and proposed distribution?
  8. Do you have signed receipts from the recipients to file?

A name in the will is not a green light to distribute on day one. Claims, taxes, and allowances can come first. When the estate is ready, you distribute under the probated will or, with no will, under the Missouri intestate succession rules, and you report the distribution in your settlement. Distributing before the court accepts the settlement that covers the distribution can make you personally liable for a later valid claim.

Real Estate Passes to the Heirs

Missouri real estate is a special case. Title to solely owned real property passes to the heirs or devisees at the moment of death, subject to the estate's need to reach it. You do not administer the house the way you administer a bank account. The personal representative takes possession of real estate only when the court orders it because the property must be sold to pay claims or must be preserved (RSMo 473.263).

When a sale is needed to pay debts, the sale runs through the court, and deed language, liens, and title-company requirements come into play. If the estate is short on cash and the value sits in the house, get title and deed review before you act.

How a Missouri Executor Gets Paid

Missouri sets a minimum commission by statute, so the percentage scale is the same in every county. Under RSMo 473.153, the personal representative earns a minimum commission on the value of the personal property administered plus the proceeds of any real property sold under court order:

  • 5 percent on the first $5,000
  • 4 percent on the next $20,000
  • 3 percent on the next $75,000
  • 2.75 percent on the next $300,000
  • 2.5 percent on the next $600,000
  • 2 percent on everything over $1,000,000

The court may allow more than the minimum when the work justifies it, and you do not have to perform extraordinary services to receive that additional amount. The attorney who works for the estate is allowed the same percentage schedule as a separate fee, and it is not shared with your commission. When two or more personal representatives serve, the aggregate commission cannot exceed twice the minimum for a single representative (RSMo 473.153). To put a dollar figure on the commission before you decide whether to take or waive it, use the Missouri executor compensation calculator.

Common Questions

Do I go to a probate court in Missouri?

You file in the Probate Division of the Circuit Court for the county where the person lived. Missouri handles probate through that division of the circuit court rather than a standalone probate court, and the same division reviews your inventory and settlements.

What is my first deadline after I get letters?

File the inventory and appraisement within thirty days after your letters are granted, unless the court grants more time (RSMo 473.233). Publish notice of letters to creditors soon after appointment to start the six-month claim period.

How long do creditors have to file claims?

Six months after the first published notice of letters, or two months after you mail or serve notice on a known creditor, whichever is later (RSMo 473.360). A separate one-year-from-death bar cuts off all claims regardless of notice (RSMo 473.444).

How much does a Missouri executor get paid?

A statutory minimum commission that steps down from 5 percent on the first $5,000 to 2 percent on amounts over $1,000,000, computed on personal property administered plus proceeds of real property sold under court order (RSMo 473.153). The court may allow more, and the estate attorney earns the same schedule as a separate fee.

Can I distribute as soon as I am appointed?

No. Wait until notice has run, the six-month claim period has passed, valid debts are paid in the statutory order, allowances are set aside, and taxes are handled. Distributing too early can make you personally liable for a later valid claim.

This guide is general information about Missouri estates. It is not legal advice. Confirm anything that affects your situation with the Probate Division of the Circuit Court or a licensed Missouri attorney.

Sources:

It is not legal advice.

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Settled Estate is not a law firm and does not give legal advice.

Information current as of July 17, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Missouri can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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