Section 2 By Will Provision

LibraryIndependent Administration of Estates 2011

The most common method for the creation of independent administration is by specific reference in the decedent’s will. When the will provides for this procedure and the personal representative requests that letters testamentary be granted for independent administration, the court is required to issue letters accordingly. Section 473.780.1, RSMo 2000. A distinction can be made when a will “authorizes” but does not “direct” the personal representative to proceed with independent administration. Even though a...

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