Legal Question in Wills and Trusts in Missouri

My mother did not have a will when she passed away and really no assets. But, I have come upon some instances where I need something saying that I am her executor. How do I go about becoming her executor? No one else would be contesting this.


Asked on 5/10/11, 11:06 am

1 Answer from Attorneys

Anthony Smith LawSmith

What is called an executor other places, is called a Personal Represetntiave here in Missouri. One must PEtition and apply for letters to teh Probate court to become the PR for adecedent. That canyear of the death of hte person. After that, the heirs at law can file waht is known as a Petition to determine heirship. Basically, it is askling the court to tranfer the decedents remaining asets as if an estate had been opened in time,a nd there was no will. If iti has been a year and one day since your mother passed, you can probably only do the petition to determine heirship. Yiou might want to confer directly with aprobate attorney in your area, or the county where your mother lived. Many offer a free or low cost initial consultation.

Good luck

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Answered on 5/10/11, 1:54 pm


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