473.140. Removal of personal representative. - Missouri Statutes

Removal of personal representative.

473.140. If any personal representative becomes mentallyincapacitated or is convicted of a felony or other infamouscrime, or becomes an habitual drunkard, or in any mannerincapable or unsuitable to execute the trust reposed in him, orfails to discharge his official duties, or wastes or mismanagesthe estate, or acts so as to endanger any corepresentative, orfails to answer any citation and attachment to make settlement,the court, upon its own motion, or upon complaint in writing madeby any person interested supported by affidavit, after notice tothe personal representative, and to the attorney of record, ifany, of any personal representative who cannot be served withnotice in this state, shall hear the matter and may revoke theletters granted.

(RSMo 1939 §§ 10, 43, A.L. 1955 p. 385 § 69, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 10, 43; 1919 §§ 10, 42; 1909 §§ 18, 50

(1962) Administrator was guilty of breach of trust and properly removed where estate was grossly mismanaged and could have been settled in 2 years but was delayed for 7 years, during which time only 3 settlements were filed though no extension of time was obtained. Credits were properly disallowed for expenses caused by administrator's mismanagement and delay. In re Alexander's Estate (Mo.), 360 S.W.2d 92.

(1975) Moving to another state is not equivalent to becoming a "nonresident" absent intent to remain there. In re Estate of Ritter (A.), 518 S.W.2d 453.