473.110. Persons entitled to letters. - Missouri Statutes

Persons entitled to letters.

473.110. 1. Letters testamentary shall be granted to thepersonal representative or personal representatives designated inthe will. If part of the persons designated in the will arefound by the court to be incompetent, unsuitable or improper orare disqualified or fail to apply for letters, letters shall begranted to the others designated, and if all personalrepresentatives designated are found by the court to beincompetent, unsuitable or improper or are disqualified or failto apply, letters shall be granted to some other qualifiedperson.

2. Letters of administration shall be granted to thefollowing persons if otherwise qualified:

(1) To the husband or wife;

(2) To one or more of those who are entitled to distributionof the estate, who the court shall believe will best manage andpreserve the estate. A conservator of a distributee is notentitled to preference;

(3) If the court believes no one of the persons entitled toadminister is a competent and suitable person, or if any suchperson fails to apply for letters when directed by the court,some other person may be appointed;

(4) A person entitled to letters of administration undersubdivision (1) or (2) of this subsection, or who would beentitled thereto but for section 473.117, may, if he has attainedthe age of eighteen years and has sufficient mental capacity forthe purpose, nominate a qualified person to act as personalrepresentative. Any such person may renounce his right tonominate or to be appointed by an appropriate writing filed withthe court. When two or more persons share a priority, those ofthem who do not renounce must concur in nominating another to actfor them or in applying for appointment.

3. A natural person or corporate fiduciary, otherwisequalified, who is a nonresident of this state may be appointed asa personal representative.

(RSMo 1939 §§ 7, 11, A.L. 1955 p. 385 § 60, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.)

Prior revisions: 1929 §§ 7, 11; 1919 §§ 7, 11; 1909 §§ 15, 19

(1967) A sister has no priority to the appointment as an administratrix ad litem as statutory provisions as to preferences which are applicable to cases of general administration do not govern the appointment of a special or temporary administrator pendente lite, and the probate court, in its discretion, may appoint some suitable person without regard to priorities. State v. Ross (A.), 420 S.W.2d 365.