When someone fights a will in court and a judge finds they have a real stake in the outcome, the court picks someone to manage the dead person's estate while the fight is going on. If the executor named in the will does not stand to personally gain from the estate, that executor can take the job but has to put up a bond (a kind of financial guarantee). If the executor might benefit in a way that conflicts with the person contesting the will, the court can instead pick a neutral person or company to manage the estate. That temporary manager runs the estate, including any real property in Missouri, until the court fight over the will is finished, then hands everything over to whoever is legally in charge after that.
473.137. pending , appointed when — duties. — 1. If the is contested by any person who, after a in the , is found to be interested in the of the , the court shall to the named in the will, if he has no in the save the allowed by law to , upon giving in such amount as the court may require.
2. If, after such hearing, it appears that the executor named in the will has an interest adverse to any such contestant of the will, the court may, , grant letters of administration to some or , who shall give proper bond.
3. An administrator appointed this section shall proceed with the until of the , at which time he shall account to the executor or when qualified, and, if it shall appear to the court that the died of in the state, the court shall direct him to take charge of and manage such real estate until the termination of such will contest.
(RSMo 1939 § 14, A.L. 1955 p. 385 § 68, A.L. 1978 H.B. 1634)
Prior revision: 1929 § 14
Effective 1-02-79
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Related Missouri laws
Resignation by executor or administrator, procedure, effect
RSMo 473.139
Removal of personal representative
RSMo 473.140
Administrator during minority or absence
RSMo 473.133
Revocation of letters on finding will
RSMo 473.143
Letters or copies, evidence
RSMo 473.130
Letters c.t.a. and d.b.n., form
RSMo 473.127
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.