Section 3.6 Letters Testamentary

• Library: Estate Administration 2014 Supp

1. (§3.6) Letters Testamentary

The person named as personal representative in the decedent’s will is entitled to appointment unless the court finds the person to be “incompetent, unsuitable or improper” or unless the person is disqualified or fails to apply for letters. Section 473.110.1, RSMo 2000. Only if all persons designated are found to be incompetent, unsuitable, or improper, or are disqualified or fail to apply, will letters be granted to some other qualified person. Id. Only after appointment does the designated personal representative take title to the personalty of the decedent and receive grant of the powers of a personal representative. Kentucky Cent. Life Ins. Co. v. Vollenweider, 844 S.W.2d 460 (Mo. App. W.D. 1992); In re Estate of Weinsaft, 647 S.W.2d 179 (Mo. App. S.D. 1983). This entitlement...