Someone can ask the court to stop an independent estate administration and switch to court supervision instead. The court holds a hearing, notifies everyone involved, and decides what to do. If the person running the estate caused financial harm, the court can remove them and order them to pay back the loss.
473.833. of , when — — — s of court. — 1. An , or any , may, at any time, file a petition to the of or of authorizing independent administration. The shall serve a copy of such petition on each interested person at the time the petition is filed with the court.
2. Upon the of such petition, the court shall determine the extent of petitioner's interest in the and, if it shall find that such interest is more than , the court shall order a hearing on the petition, directing notice thereof to be given to all , and may specify the time within which such interested persons shall file answers to such petition. If, upon of any interested person, the court finds that the petitioner's interest is nominal, the court may dismiss the petition.
3. The court may enter such as it deems necessary to protect the of the estate pending a full hearing, or to determine whether or not the independent personal representative has properly administered the estate.
4. After hearing on the petition, the court may enter an order directing , or the court may deny the petition upon the performance of some act by the independent personal representative, or the court may such other as the court deems under the circumstances. If the court finds that the actions of the independent personal representative have resulted in loss to the estate, the court may, in addition to ordering supervised administration, remove the and enter a against him and his , if any, in accordance with the provisions of section 473.207.
5. After an order revoking for independent administration has been entered, the shall proceed under the provisions of this chapter other than sections 473.780 to 473.843.
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Source & history notes
(L. 1980 S.B. 637) Effective 1-01-81
Related Missouri laws
Court may restrain personal representative, when
RSMo 473.830
Settlement of estate, when
RSMo 473.837
Review of compensation of independent personal representative and of employment and compensation of others, when
RSMo 473.827
Completion of administration
RSMo 473.840
Time for complete settlement or filing of statement of account
RSMo 473.843
Compensation of independent personal representative and attorney
RSMo 473.823
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.