Section 11.3 Territorial Authority of Executors and Administrators

• Library: Estate Administration 2014 Supp

3. (§11.3) Territorial Authority of Executors and Administrators

Generally, a personal representative appointed in State A has no authority in and cannot sue or be sued in a representative capacity in State B in the absence of a statute in State B authorizing the personal representative to do so. State ex rel. Mercantile Nat’l Bank at Dallas v. Rooney, 402 S.W.2d 354 (Mo. banc 1966). This rule is based on the principle that a personal representative’s powers do not extend beyond the boundaries of the state of appointment. State ex rel. Sullivan v. Cross, 314 S.W.2d 889 (Mo. banc 1958).

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