An executor in Missouri — legally called a personal representative — is the person responsible for administering a deceased person’s estate through the probate process. Under Missouri probate law, an executor has specific legal duties that include filing the will with the court, identifying and protecting estate assets, notifying creditors, paying debts and taxes, and distributing the remaining property to the beneficiaries named in the will. These duties are not optional. An executor who fails to perform them properly can be held personally liable.

If you have just been named executor of a Missouri estate, you may be facing the role with no prior experience and no clear sense of what comes next. The good news is that the process follows a predictable structure. The harder news is that it involves court oversight, strict deadlines, and decisions that can have significant legal and financial consequences if handled incorrectly.

At Rogers Sevastianos & Bante LLP, we help executors throughout St. Louis, St. Louis County, and the surrounding Missouri region navigate probate administration. Here is a step-by-step look at what a Missouri executor actually does.

What Is an Executor — and Why Does Missouri Call Them a Personal Representative?

The terms “executor” and “personal representative” are often used interchangeably, but in Missouri, the official legal term is personal representative. Under Missouri Revised Statutes Chapter 473, the personal representative is the person appointed by the probate court to administer a deceased person’s estate.

When the deceased left a valid will that names someone for this role, that person is traditionally called the executor. When the deceased died without a will (intestate) or without naming someone in the will, the court appoints an administrator. Missouri law refers to both as personal representatives.

For the rest of this post, we will use “executor” and “personal representative” interchangeably.

Step 1: Locate the Will and File It With the Probate Court

The first duty of an executor in Missouri is to locate the original will and file it with the probate division of the circuit court in the county where the deceased lived. Under Missouri Revised Statutes § 473.043, the will must be presented to the court within one year of the date of death, or it generally loses its effect.

Filing the will starts the formal probate process. The court will review the will, confirm its validity, and formally appoint the executor by issuing what are called Letters Testamentary — the legal document that gives the executor authority to act on behalf of the estate.

If there is no will, the court issues Letters of Administration instead. Either way, the executor cannot legally do anything on behalf of the estate until the court has formally appointed them.

Step 2: Determine Which Type of Probate Applies

Missouri offers several different probate procedures, and choosing the right one is one of the first decisions the executor must make:

• Independent administration — The most common form of probate in Missouri. It involves less court supervision and is generally faster and less expensive. Available when the will authorizes it or when all heirs agree.
• Supervised administration — Used when there is conflict among heirs, when the will requires it, or when the court determines closer oversight is necessary.
• Small estate procedure — Available under RSMo § 473.097 for estates with limited assets (currently up to $40,000 in personal property). Allows for distribution by affidavit without full probate.
• Refusal of letters — A simplified procedure for very small estates owed to a surviving spouse or minor children.

Choosing the wrong procedure, or attempting probate when probate isn’t actually required, can waste time and money. This is one of the first decisions an executor should discuss with an estate attorney.

Step 3: Identify and Protect the Estate’s Assets

Once appointed, the executor’s next major duty is to identify, locate, and secure all of the deceased’s assets. This includes:

• Bank accounts and brokerage accounts
• Real estate, vehicles, and other titled property
• Retirement accounts and life insurance policies (note: assets with named beneficiaries typically pass outside probate)
• Business interests
• Personal property, including jewelry, collectibles, and household items
• Outstanding debts owed to the deceased

The executor must take reasonable steps to protect these assets — changing locks on real property, securing valuables, transferring funds into an estate account, and obtaining appraisals where needed. The executor has a fiduciary duty to the estate and its beneficiaries, which means they must act with care and in the estate’s best interest, not their own.

Step 4: File the Inventory and Appraisement

Under Missouri Revised Statutes § 473.233, the personal representative must file an inventory and appraisement of the estate’s assets with the probate court within 30 days of appointment, unless the court grants an extension.

The inventory lists all assets that pass through probate, along with their values as of the date of death. Some assets require formal appraisal — real estate, business interests, and unique personal property typically need a qualified appraiser. Other assets, such as publicly traded securities, can be valued using market reports.

The inventory is filed under oath. Errors or omissions can create problems later, particularly if they affect the tax treatment of the estate or the distribution to beneficiaries.

Step 5: Notify Creditors and Handle Claims

One of the most important — and most procedurally specific — duties of a Missouri executor is providing legal notice to creditors. Under Missouri Revised Statutes § 473.033, the executor must publish a notice of letters granted in a newspaper of general circulation in the county where probate is pending. The notice must be published once a week for four consecutive weeks.

Creditors then have six months from the date of first publication to file claims against the estate. Claims filed after that deadline are generally barred.

The executor must also provide actual notice — typically by mail — to known creditors. Failure to provide proper notice can extend the period a creditor has to file a claim, exposing the estate (and potentially the executor personally) to liability.

Once claims are filed, the executor must evaluate each one. Valid claims are paid from estate funds. Disputed claims may require court intervention. Claims that exceed the estate’s available assets follow a statutory order of priority for payment under Missouri law.

Step 6: Pay Debts, Taxes, and Administrative Expenses

The executor must pay the estate’s lawful debts before distributing assets to beneficiaries. This includes:

• Funeral and burial expenses
• Outstanding medical bills, particularly those from final illness
• Credit card and loan balances
• Property taxes, mortgage payments, and ongoing utility bills on estate-owned property
• Income taxes for the deceased’s final year
• Federal estate tax, if applicable (most Missouri estates fall below the federal threshold and owe no estate tax)
• Missouri state taxes, if applicable
• Probate court fees and the executor’s own attorney’s fees

Paying the wrong debts, or paying debts in the wrong order, can create personal liability for the executor. Missouri law sets a specific priority order for paying claims when an estate is insolvent.

Step 7: Manage the Estate During Administration

Probate is not instantaneous. Missouri estates typically take anywhere from six months to over a year to administer, depending on complexity. During that period, the executor is responsible for managing estate assets responsibly. That can include:

• Maintaining and insuring estate-owned real estate
• Managing investments and bank accounts held by the estate
• Operating or winding down a business owned by the deceased
• Filing tax returns
• Keeping detailed records of every transaction

The executor’s fiduciary duty extends to every one of these decisions. Beneficiaries can sue an executor for breach of fiduciary duty if assets are mismanaged.

Step 8: Distribute the Remaining Assets to Beneficiaries

Once debts, taxes, and administrative expenses are paid, and once the creditor claim period has closed, the executor distributes the remaining estate assets to the beneficiaries named in the will (or to the heirs under intestate succession if there is no will).

Distribution must follow the will’s instructions exactly. If the will makes specific bequests (“my coin collection to my nephew”), those go first. Residuary distributions — the “everything else” provisions — come next.

For some assets, distribution is simple: a check or transfer of title. For others, it can be more complex, particularly when real estate, business interests, or contested items are involved.

Step 9: File the Final Settlement and Close the Estate

After distribution is complete, the executor must file a final settlement with the probate court. This document accounts for every dollar that came into and went out of the estate, and it asks the court to approve the executor’s administration and formally close the estate.

Once the court approves the final settlement, the executor is discharged from their duties. Their legal authority ends, and the estate is officially closed.

What Happens If an Executor Fails to Perform Their Duties?

Missouri executors who fail to perform their duties properly can face significant consequences:

• Personal liability for losses caused to the estate or to beneficiaries
• Removal by the court if the executor is found to be unfit or has breached their duties
• Forfeiture of compensation that the executor would otherwise have been entitled to
• Surcharge actions brought by beneficiaries to recover misappropriated or mismanaged funds

This is why most Missouri executors work with an experienced probate attorney from the outset. The legal exposure of the role is real, and the procedural requirements are unforgiving of mistakes.

How Much Does a Missouri Executor Get Paid?

Under Missouri Revised Statutes § 473.153, a personal representative is entitled to reasonable compensation for their services, based on a statutory schedule tied to the value of the estate. The executor may also be reimbursed for reasonable expenses incurred during administration.

The executor can choose to waive compensation, which is common when a family member is serving as executor and the bulk of the estate is passed to that same person or to immediate family.

Work With a Missouri Probate Administration Attorney

If you have been named executor of a Missouri estate, the probate administration attorneys at Rogers Sevastianos & Bante LLP are here to help. We work with executors throughout St. Louis and the surrounding Missouri region to navigate every step of the probate process — from initial filing through final settlement.

Serving as an executor is a significant legal responsibility, but you do not have to navigate it alone. Contact our office today to schedule a consultation and learn how we can help you administer the estate properly, efficiently, and with confidence.

Disclaimer: The information in this blog is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should consult an attorney for personalized guidance on your specific circumstances.