473.110. Persons entitled to letters. — 1. Letters testamentary shall be granted to the personal representative or personal representatives designated in the will. If part of the persons designated in the will are found by the court to be incompetent, unsuitable or improper or are disqualified or fail to apply for letters, letters shall be granted to the others designated, and if all personal representatives designated are found by the court to be incompetent, unsuitable or improper or are disqualified or fail to apply, letters shall be granted to some other qualified person.
2. Letters of administration shall be granted to the following persons if otherwise qualified:
(1) To the husband or wife;
(2) To one or more of those who are entitled to distribution of the estate, who the court shall believe will best manage and preserve the estate. A conservator of a distributee is not entitled to preference;
(3) If the court believes no one of the persons entitled to administer is a competent and suitable person, or if any such person fails to apply for letters when directed by the court, some other person may be appointed;
(4) A person entitled to letters of administration under subdivision (1) or (2) of this subsection, or who would be entitled thereto but for section 473.117, may, if he has attained the age of eighteen years and has sufficient mental capacity for the purpose, nominate a qualified person to act as personal representative. Any such person may renounce his right to nominate or to be appointed by an appropriate writing filed with the court. When two or more persons share a priority, those of them who do not renounce must concur in nominating another to act for them or in applying for appointment.
3. A natural person or corporate fiduciary, otherwise qualified, who is a nonresident of this state may be appointed as a personal representative.
Notes of Decisions
Cited in
22
cases (
1 in the last 5 years), 1961–2024 · leading case:
Ellison v. Fry, 437 S.W.3d 762 (Mo. 2014).
Ellison v. Fry, 437 S.W.3d 762 (Mo. 2014).
· cites it 2× “1 states, “If no application for letters testamentary or of administration is filed by a person entitled to such letters pursuant to section 473.110 within twenty days after the death of a decedent, then any interested person may petition the probate division of the circuit…”
Est. of Croom v. Bailey, 107 S.W.3d 457 (Mo. Ct. App. 2003).
· cites it 8× “1 provides that letters testamentary shall be granted to the personal representative or personal representatives designated in the will; failing to apply or qualify, letters are granted to other persons in the order of priority as set out in section 473.110. If the court…”
The Salvation Army, Kansas & W. Missouri Div. v. Bank of Am., 435 S.W.3d 661 (Mo. Ct. App. 2014).
· cites it 2× “While the Croom court emphasized that even a person not "interested" in the will may "present” a will to the probate court, it took lengths to caution that the actual "administration" of the estate is a different affair and that, upon application for letters testamentary, the…”
Est. of Harris, 529 S.W.3d 31 (Mo. Ct. App. 2017).
· cites it 4× “, surviving spouse); no application for letters testamentary (or of administration) had been filed pursuant to Section 473.110 within twenty days of [D]ecedent’s death; [Appellant's motion was written, signed, and verified; it included all the information required by Section 473.”
State ex rel. Burke v. Ross, 420 S.W.2d 365 (Mo. Ct. App. 1967).
· cites it 6× “§ 473.110. “* * * 2. Letters of administration shall be granted to the following persons if otherwise qualified: * * * (2) To one or more of those who are entitled to distribution of the estate * * * ” V.”
State Ex Rel. Est. of Perry v. Roper, 168 S.W.3d 577 (Mo. Ct. App. 2005).
· cites it 2× “Letters are to be granted to those persons entitled to letters as set out in section 473.110, thence to interested persons as set out in section 473.”
State Ex Rel. Missouri Dep't of Soc. Servs., Div. of Med. Servs. v. Kramer, 215 S.W.3d 739 (Mo. Ct. App. 2007).
· cites it 2× “110 within twenty days after the death of a decedent, then any interested person may petition the probate division of the circuit court which would be the proper venue for the administration of the estate of such decedent for the issuance of letters testamentary or of…”
State Ex Rel. Emmons v. Hollenbeck, 394 S.W.2d 82 (Mo. Ct. App. 1965).
· cites it 2× “No letters of administration were issued [Section 473.110], and there was no application for letters prior to the filing of instant relator’s application in the probate court on January 20, 1964.”
State Ex Rel. Shriners' Hospitals for Crippled Child. v. Hensley, 385 S.W.2d 820 (Mo. Ct. App. 1964).
· cites it 2× “1, provides that “If no application for letters is filed by a person entitled thereto under section 473.110 within twenty days after the death of decedent any interested person may apply to the court of the proper county.”
Johnson v. Akers, 9 S.W.3d 608 (Mo. 2000).
· cites it 2× “See section 473.110. The probate code requires the opening of an estate to occur within one year of death, and the statute of limitations of the probate code applies to the appointment of a personal representative.”
In Re Est. of Givens, 234 S.W.3d 519 (Mo. Ct. App. 2007).
“Under sections 473.110 and 472.010, son, as the heir of decedent’s intestate estate at the time of the filing of the administration petition and the hearing thereon, had the highest priority to letters of administration, above that of sister.”
Cook v. Barnard, 100 S.W.3d 924 (Mo. Ct. App. 2003).
“Requiring the probate court to appoint the spouse selected by the decedent to be personal representative, see § 473.110, but then allowing removal solely because of joint transfers from the deceased spouse would make no sense.”
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