Section 3.7 Letters of Administration

• Library: Estate Administration 2014 Supp

2. (§3.7) Letters of Administration

The application for letters of an intestate estate must be made within one year from the date of death. Section 473.050.6, RSMo 2000. The time limitation for appointment of a personal representative is tolled in limited cases involving lost chance of recovery or survival. Section 537.021, RSMo 2000.

The courts have affirmed the plain reading of § 473.050.6, which requires that the application for letters of administration be commenced within one year of the date of death and not that letters actually be issued within the year. The courts have also held that a delay in the opening of the estate once the application has been timely filed does not preclude the issuance of letters of administration. State ex rel. Mo. Dep’t of Soc. Servs., Div. of Med. Servs. v. Kramer, 215 S.W.3d 739 (Mo. App. E.D. 2007); In re Estate of Givens, 234 S.W.3d 519 (Mo. App. E.D. 2007).

Although it is beyond the scope of this chapter, counsel should note that a proceeding to obtain a decree of heirship and distribution under § 473.663, RSMo 2000, may be instituted to distribute property to heirs-at-law after the one-year period for commencing administration has passed. The court’s decree determines the persons entitled to the property...