Section 473.110

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 28 Aug 1985   

  473.110.  Persons entitled to letters. — 1.  Letters testamentary shall be granted to the personal representative or personal representatives designated in the will.  If part of the persons designated in the will are found by the court to be incompetent, unsuitable or improper or are disqualified or fail to apply for letters, letters shall be granted to the others designated, and if all personal representatives designated are found by the court to be incompetent, unsuitable or improper or are disqualified or fail to apply, letters shall be granted to some other qualified person.

  2.  Letters of administration shall be granted to the following persons if otherwise qualified:

  (1)  To the husband or wife;

  (2)  To one or more of those who are entitled to distribution of the estate, who the court shall believe will best manage and preserve the estate.  A conservator of a distributee is not entitled to preference;

  (3)  If the court believes no one of the persons entitled to administer is a competent and suitable person, or if any such person fails to apply for letters when directed by the court, some other person may be appointed;

  (4)  A person entitled to letters of administration under subdivision (1) or (2) of this subsection, or who would be entitled thereto but for section 473.117, may, if he has attained the age of eighteen years and has sufficient mental capacity for the purpose, nominate a qualified person to act as personal representative.  Any such person may renounce his right to nominate or to be appointed by an appropriate writing filed with the court.  When two or more persons share a priority, those of them who do not renounce must concur in nominating another to act for them or in applying for appointment.

  3.  A natural person or corporate fiduciary, otherwise qualified, who is a nonresident of this state may be appointed as a personal representative.

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(RSMo 1939 §§ 7, 11, A.L. 1955 p. 385 § 60, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.)

Prior revisions: 1929 §§ 7, 11; 1919 §§ 7, 11; 1909 §§ 15, 19

(1967) A sister has no priority to the appointment as an administratrix ad litem as statutory provisions as to preferences which are applicable to cases of general administration do not govern the appointment of a special or temporary administrator pendente lite, and the probate court, in its discretion, may appoint some suitable person without regard to priorities.  State v. Ross (A.), 420 S.W.2d 365.