A personal representative is someone the court put in charge of managing a dead person's belongings and estate. If that person becomes mentally incapacitated, gets convicted of a serious crime, becomes an alcoholic, does a bad job, wastes the estate's money, or causes problems for others helping manage the estate, a court can take away their authority. The court can do this on its own or after someone involved with the estate files a written complaint.
473.140. Removal of . — If any personal representative becomes or is of a or other , or becomes an , or in any manner incapable or unsuitable to execute the reposed in him, or fails to his official duties, or wastes or mismanages the , or acts so as to endanger any , or fails to any to make , the court, upon its own , or upon in writing made by any person interested supported by , after notice to the personal representative, and to the , if any, of any personal representative who cannot be with notice in this state, shall hear the matter and may the granted.
(RSMo 1939 §§ 10, 43, A.L. 1955 p. 385 § 69, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 §§ 10, 43; 1919 §§ 10, 42; 1909 §§ 18, 50
(1962) was guilty of of trust and properly where estate was grossly mismanaged and could have been settled in 2 years but was delayed for 7 years, during which time only 3 were filed though no extension of time was obtained. Credits were properly disallowed for expenses caused by administrator's and delay. In re Alexander's Estate (Mo.), 360 S.W.2d 92.
(1975) Moving to another state is not equivalent to becoming a "" absent intent to remain there. In re Estate of Ritter (A.), 518 S.W.2d 453.
Tap any gold-underlined word to see what it means.
Related Missouri laws
Resignation by executor or administrator, procedure, effect
RSMo 473.139
Administrator pending contest, appointed when
RSMo 473.137
Revocation of letters on finding will
RSMo 473.143
Administrator during minority or absence
RSMo 473.133
Administrator d.b.n., when appointed
RSMo 473.147
Letters or copies, evidence
RSMo 473.130
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.