When a loved one passes away, their estate must be handled with care, accuracy, and legal precision. Probate attorneys help simplify a role that can be overwhelming without proper support. Serving as an executor in Missouri comes with court appointments, legal notices, asset management, debt resolution, and more.
It’s not just a ceremonial role—executors are the ones who carry out the final financial chapter of a person’s life. Understanding what this means in practice is crucial if you've been appointed to this position, or if you're planning your estate and considering who to name.
At Checkett, Pauly, Bay & Morgan, LLC, we regularly work with people in Carthage, Missouri, who have been named as executors. We're here to guide you through the responsibilities of managing an estate from start to finish.
Opening Probate
The probate process begins with filing a petition in the probate court of the county where the deceased lived. For families in Carthage, that means working with the Jasper County Probate Division. If a will exists, the original must be submitted, along with a certified copy of the death certificate.
The court will then review the petition and, if approved, issue what’s known as “Letters Testamentary.” These documents formally authorize the executor to represent the estate.
Once you’ve received your Letters Testamentary, your legal authority begins. But that authority comes with significant responsibilities. Probate attorneys can help you interpret the court’s expectations and begin the process properly, reducing the chances of delays or disputes later on.
Core Responsibilities of an Executor
The duties of an executor are far more than symbolic. From the moment probate opens, they must handle real financial decisions, property issues, and family dynamics—all under the scrutiny of the court.
Secure the estate's assets: Lock homes, take possession of valuables, and transfer funds into estate accounts
Notify interested parties: Inform beneficiaries, heirs, and known creditors of the death and pending probate
Inventory and appraise property: File a court-required inventory of all real and personal property
Pay valid debts and expenses: Use estate funds to settle final bills, taxes, and legal fees
File tax returns: Submit the decedent’s final income tax return and any necessary estate tax filings
Distribute remaining assets: Follow the will (or state law) to transfer what’s left to heirs and beneficiaries
File a final settlement: Submit the final accounting to the court and request official closure of the estate
Each of these duties carries legal weight. Failing to complete even one step properly can result in personal liability or court intervention. That’s why many executors choose to work closely with probate attorneys throughout the process.
Asset Management and Inventory Duties
Early in the administration process, the executor must gather and take control of all property owned by the deceased. That includes physical items like real estate, jewelry, and vehicles, as well as financial accounts, life insurance policies, and business interests.
Missouri law requires an inventory of the estate’s assets to be filed within 30 days of appointment. This document helps the court, heirs, and creditors understand the value of the estate and what assets are available.
Real estate: Must be locked, insured, and sometimes maintained during probate
Financial accounts: Need to be identified, accessed, and reported accurately
Safe deposit boxes: May contain wills, titles, or valuables—these must be inventoried with care
Executors are also responsible for managing these assets during probate. That may involve paying property taxes, collecting rents, or even liquidating items to cover estate debts. Probate attorneys are often called in to help understand these steps and determine the best path forward.
Debt Resolution and Tax Filing
One of the most important parts of estate administration is settling valid debts. In Missouri, creditors have a six-month window to file claims after they receive notice of the death. The executor must review these claims and pay them in accordance with state law, using estate assets before any distributions are made.
It’s important to remember that debts take precedence over inheritances. That means even if a will says a certain heir will receive a specific sum, they may receive less—or nothing at all—if the estate doesn’t have sufficient funds after debts and taxes are paid.
Taxes are another major responsibility. The executor must file the decedent’s final personal income tax return and may also need to file a fiduciary income tax return if the estate earns money during probate. Estate taxes at the federal level may apply for high-value estates, although Missouri currently has no separate estate tax.
Medical bills and credit cards: Common claims filed by creditors during probate
Final income tax return: Covers the tax year up to the date of death
Estate tax return (if needed): Filed for estates above the federal threshold
Ongoing expenses: Such as mortgage payments, utilities, and insurance
With the help of probate attorneys, executors can prioritize these financial obligations, avoid penalties, and maintain accurate records throughout the process.
Property Distribution and Family Disputes
Once debts and taxes are handled, the executor can begin to distribute assets. If the decedent had a will, the instructions must be followed precisely. That could include specific bequests—like a vehicle or family heirloom—or general distributions of money or real estate. If there’s no will, Missouri’s intestate succession laws take over, defining who inherits based on relationship.
Some estates move through this stage easily. Others are marked by family disagreements, unclear language in the will, or disputes over fairness. An executor’s job is to stay impartial and act in accordance with the law—not to mediate emotions or make judgment calls. When disputes arise, probate attorneys are key in keeping the process on track.
Conflicts among siblings: Often arise over sentimental items or uneven distributions
Claims of undue influence: Allegations that someone pressured the decedent into changing the will
Questions about fairness: Especially when heirs are treated differently or left out entirely
Executors should never try to settle disputes on their own. Even well-meaning compromises can violate legal obligations. A court-approved solution is always the safest path.
Compensation for Executors
In Missouri, executors are entitled to compensation for their time and efforts. State law provides a tiered formula based on the total value of the estate. The payment isn’t a flat fee; instead, it increases proportionally with the size of the estate. Executors may waive this compensation, but if they choose to accept it, the amount must be disclosed to the court and may require approval.
5% of the first $5,000
4% of the next $20,000
3% of the next $75,000
2.75% of the next $300,000
2.5% of everything above $400,000
If the will includes a different arrangement, that instruction typically controls. Executors should keep detailed records of their time and tasks in case the court requests additional justification. Probate attorneys can assist in preparing compensation filings and make sure that they’re handled properly.
How Long Does the Process Take?
In Missouri, the probate process typically takes at least six to nine months, depending on the size of the estate, the number of creditors, and whether any disputes arise. The six-month creditor claim period is mandatory, meaning no distributions can legally occur before that time elapses. For large or contested estates, probate may last over a year.
Delays can occur when:
Heirs can’t be located
Real estate needs to be sold
Tax returns are delayed
The will is contested or unclear
With guidance from experienced probate attorneys, executors can reduce delays and handle roadblocks more efficiently.
Call Us Today
Serving as an executor requires focus, discipline, and legal awareness. At Checkett, Pauly, Bay & Morgan, LLC in Carthage, Missouri, our lawyers work with executors to help manage estate obligations from start to finish. If you've been appointed to administer an estate, contact us today for experienced, steady legal guidance.
