Section 3.8 Grant of Letters

• Library: Estate Administration 2014 Supp

B. (§3.8) Grant of Letters

The court is without authority to make an appointment on the application of any person not entitled to priority within 20 days of the death of the decedent, Pikey v. Riles, 20 S.W.2d 550 (Mo. App. S.D. 1929), except that “[l]etters may be granted at any time to any person deemed suitable if the persons entitled to preference file their renunciation thereof, in writing, with the clerk of the court,” § 473.113, RSMo 2000. If no application for letters is filed by a person entitled to do so under § 473.110, RSMo 2000, within 20 days after the death of the decedent, any interested person, including a creditor, may apply to the probate division of the proper county for the issuance of letters testamentary or of administration. Section 473.020, RSMo 2000.

When an application for probate is filed, the court makes no determination as to whether there are assets subject to administration, only whether the proper procedures for the grant of letters have been followed. It is sufficient that assets may exist. If it is later determined that there are no assets, the court has the power to terminate...