How to Petition for Removal of a Personal Representative in Missouri

Serving as a personal representative (also known as an executor) of an estate in Missouri is a position of significant trust. The personal representative is responsible for managing the estate’s assets, paying debts, and distributing property according to the decedent’s will or state law if no will exists. When a personal representative fails to fulfill their fiduciary duties appropriately, Missouri law provides a legal avenue for interested parties to petition for their removal.

Statutory Obligations of a Personal Representative

Under Missouri law, a personal representative is considered a fiduciary, meaning they must act in the best interests of the estate and its beneficiaries. Section 473.140 of the Revised Statutes of Missouri (RSMo) imposes a duty of loyalty, prudence, and impartiality. The representative must:

• Collect and inventory the estate’s assets (§ 473.233, RSMo);
• Pay valid claims against the estate (§ 473.260, RSMo);
• Provide proper accounting to the court and beneficiaries (§ 473.540, RSMo);
• Distribute remaining assets according to the will or intestate succession laws (§ 474.010, RSMo).

If a personal representative breaches these obligations, their continued service can endanger the estate and its beneficiaries. Courts will not permit a personal representative to mismanage, misappropriate, or otherwise abuse estate assets.

The following are the most common issues fumbled by personal representatives:

1. Filing the Will: The personal representative must file the decedent’s will with the appropriate probate court within the county where the deceased resided.
2. Opening the Estate: This involves submitting a petition to the court to open the estate for probate, appoint a personal representative, and providing an inventory and appraisal of the decedent’s real estate and personal property assets.
3. Managing Debts and Liabilities: Personal representatives must address the decedent’s outstanding debts and liabilities before distributing the remaining assets to beneficiaries.
4. Tax Obligations: Managing tax obligations is another critical aspect of the probate process. Personal representatives must file final federal and state income tax returns, and any taxes due must be paid.
5. Handling Disputes and Litigation: Disputes and litigation can arise during probate, often involving: Will Contests, Family Disputes, and Creditor Claims.

Missouri law allows for the removal of a personal representative under § 473.140, RSMo., when they:

1. Waste or mismanage estate assets – If the representative fails to prudently manage estate property, pays fraudulent claims, or fails to secure proper valuations, they can be removed; or
2. Fail to perform required duties – If the representative neglects responsibilities, such as failing to file required reports or distribute assets, this constitutes grounds for removal; or
3. Engage in conflicts of interest – Self-dealing, taking estate funds for personal use, or favoring one beneficiary over others can justify removal; or
4. Become incapacitated or otherwise unable to serve – A representative who becomes physically or mentally unable to perform their duties can be removed; or
5. Act in bad faith or dishonestly – Fraud, embezzlement, or intentionally hiding information from beneficiaries is cause for immediate removal; or

Filing a Petition for Removal

An interested party, such as a beneficiary or creditor, may file a petition in the probate division of the circuit court where the estate is being administered. The petition should include:

• The name of the personal representative and the estate case number;
• A description of the personal representative’s misconduct or failure to perform duties;
• Supporting evidence, such as financial records, witness affidavits, or court filings;
• A request for the court to appoint a successor personal representative if necessary.

Grounds for Removal of a Personal Representative

Missouri law allows for the removal of a personal representative under § 473.140, RSMo., when they:

1. Waste or mismanage estate assets – If the representative fails to prudently manage estate property, pays fraudulent claims, or fails to secure proper valuations, they can be removed; or
2. Fail to perform required duties – If the representative neglects responsibilities, such as failing to file required reports or distribute assets, this constitutes grounds for removal; or
3. Engage in conflicts of interest – Self-dealing, taking estate funds for personal use, or favoring one beneficiary over others can justify removal; or
4. Become incapacitated or otherwise unable to serve – A representative who becomes physically or mentally unable to perform their duties can be removed; or
5. Act in bad faith or dishonestly – Fraud, embezzlement, or intentionally hiding information from beneficiaries is cause for immediate removal; or

Filing a Petition for Removal

An interested party, such as a beneficiary or creditor, may file a petition in the probate division of the circuit court where the estate is being administered. The help of a seasoned attorney is nearly a mandate as the arguments and filings must be specific and compelling. The petition should include:

• The name of the personal representative and the estate case number; and
• A description of the personal representative’s misconduct or failure to perform duties; and
• Supporting evidence, such as financial records, witness affidavits, or court filings; and
• A request for the court to appoint a successor personal representative if necessary.

Court Proceedings and Outcome

Once filed, the court will review the petition and may hold a hearing where the personal representative has an opportunity to respond. If the court finds that removal is warranted, it will issue an order under § 473.140, RSMo., formally removing the representative and, if needed, appointing a successor.

Conclusion

The role of a personal representative carries great responsibility, and Missouri courts take breaches of fiduciary duty seriously. If you suspect a personal representative is mismanaging an estate, swift legal action is necessary to protect the interests of beneficiaries. By filing a petition under Missouri law, interested parties can help ensure that estates are administered fairly and in accordance with the law.

Todd Miller is a monthly contributor and regularly writes and speaks on various legal topics including estate planning, probate, and elder law. He formed the Law Office of Todd Miller, LLC, 1305 Southwest Blvd., Suite A, Jefferson City, Missouri in 2006. He was recognized as 2016 Adviser of the Year by GolfInc; and Golf Tax Consultant of the Year by Boardroom Magazine three times; and one of the “10 Best” attorneys by the American Institute of Family Law Attorneys; and one of the “10 Best” attorneys by the American Institute of Criminal Law Attorneys. Mr. Miller earned his juris doctorate degree from the University of Missouri School of Law in 1999 and graduated with honors from Lincoln University in 1991. You may find him at www.toddmillerlaw.com (573) 634-2838 or on Facebook, LinkedIn, and Twitter.