If an estate in Missouri is over $40,000 and it is within one year of the decedent’s death, there are two ways it can be administered: independent administration, or supervised administration. The easiest and preferred method is independent (or unsupervised) administration.
About Independent/Unsupervised Administration in Missouri
In Missouri, an independent administration allows the personal representative to take action without permission from the court. He or she has broad authority to make decisions and take action in regard to administering the estate. The process is informal and relies on the personal representative to make decisions.
However, the actions the personal representative takes are still subject to review and possible objection by creditors or beneficiaries if someone files a complaint to the court about improper action. Otherwise, the court will not interfere with the administration of the decedent’s estate.
Is Independent/Unsupervised Administration Right for You?
Independent administration may be right for your situation if all named heirs agree and consent or if the process is designated in the deceased’s Will. Some of the reasons why an estate would not choose an independent administration is if the Will explicitly states that a supervised administration is required, or the relationship between the heirs and beneficiaries is contentious, and you anticipate there will be conflict.
If the heirs do not agree, and you are concerned about potential liability arising from administering the estate, you may want to use a more complex and time-consuming process of probate administration called supervised administration. In a supervised administration probate case, almost every action taken by the personal representative will need to be approved by the probate court.
Discuss Your Options with MyProbateCase.com
At MyProbateCase.com, our legal team manages the challenges of estate administration by providing seasoned, cost-effective legal representation. To discuss your case and how we can help, contact us today to schedule a free consultation.