When someone dies, their estate usually has to go through court supervision. But sometimes it can be handled more independently. If the deceased person's will says to do it without court involvement, the estate can be run independently. If the will says the court must be involved, that rule is followed. If there is no will, or the will does not address it, all heirs and people named in the will can agree together to allow independent administration. If some of those people are legally disabled and cannot consent, the court can still allow independent administration based on the others agreeing — but the court will not appoint a special guardian just to handle that decision.
473.780. , when. — 1. When a authorizes or directs independent administration, either by specific reference to this section or by language providing that the be ed without , or direction of the court, the shall provide that the therein named may administer the estate ly. When a will admitted to probate prohibits independent administration, expressly or by language manifesting intent that the estate be administered under court supervision, the directions of the will shall be observed.
2. When all of the interested in an or all of the interested in a estate, or all of the heirs and devisees interested in a partially intestate estate, to independent administration, and the will does not prohibit it, the letters testamentary or of shall provide that the personal representative therein named may administer the estate independently.
3. When one or more of the heirs or devisees whose consent to independent administration is required by 2 is or are , and all of the other heirs or devisees whose consent is required consent to independent administration, the court may letters testamentary or of administration which provide that the personal representative therein named may administer the estate independently. The court shall not appoint a for the purpose of consent to or of an for independent administration.
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Source & history notes
(L. 1980 S.B. 637) Effective 1-01-81
Related Missouri laws
Notice of independent administration, contents
RSMo 473.783
Staff to be deemed county employees
RSMo 473.775
Public administrator and sureties liable for acts of deputies
RSMo 473.773
Duties of personal representative in independent administration
RSMo 473.787
Deputies, appointment in all counties but counties of the first classification
RSMo 473.771
Deputies, appointment, tenure, compensation, powers (first classification counties)
RSMo 473.770
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