Missouri Sample Letter for Petition to Appoint Administration is a legal document used in Missouri probate cases when there is no valid will or the will fails to nominate an executor. In such cases, a person needs to file a petition with the court seeking appointment as the administration, which is the female equivalent of an administrator. This document provides a detailed description of the necessary content for drafting a petition. Keywords: Missouri, Sample Letter, Petition to Appoint Administration, probate, legal document, valid will, executor, administration, administrator. Types of Missouri Sample Letters for Petition to Appoint Administration: 1. Basic Petition to Appoint Administration: This type of sample letter includes the essential elements required by the Missouri court, such as the identification of the deceased person, evidence of death, the relationship between the petitioner and the deceased, and reasons why the petitioner should be appointed as the administration. 2. Undue Hardship Petition to Appoint Administration: In cases where the deceased person's estate is small, and the immediate family members are facing financial hardship, this type of sample letter is used. It emphasizes the financial difficulties faced by the family and requests expedited appointment of the administration due to the undue hardship. 3. Emergency Petition to Appoint Administration: When immediate administration of the estate is necessary to prevent harm or secure assets, an emergency petition is filed. This type of sample letter focuses on the urgent need for appointment and may include supporting evidence or affidavits stating the reasons for the emergency. 4. Contesting Petition to Appoint Administration: In situations where multiple individuals claim the right to be appointed as the administration, or when there are valid concerns about the petitioner's capability or integrity, a contesting petition is filed. This sample letter outlines the grounds for contesting the appointment and presents evidence against the petitioner's suitability. Note: It is crucial to consult with a legal professional or attorney to ensure that the specific requirements of the Missouri court are met and that the sample letter is tailored to the individual circumstances of the case.
Missouri Sample Letter for Petition to Appoint Administratrix
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The person who desires to be in charge of the probate estate files an application with the Probate Court to act as the ?personal representative? (also called ?executor?) of the estate. When approved by the Probate Court, that person must comply with certain responsibilities established in the Missouri Probate Code.
Probate is necessary when a person dies with property in his or her name or with rights to receive property. Examples of having property at death include: Bank accounts in the decedent's name with no co-owner and no beneficiary designation. A home or land that is owned by the decedent individually.
A determination of heirship proceeding is a special type of probate proceeding that only occurs if there was no will to probate, or alternatively, a will was not timely presented for probate within one year.
Many problems can arise if real estate does not go through probate: if real estate remains stuck in the name of a dead person, and there is a mortgage on the property, the mortgage company could foreclose. If no one pays the real estate taxes, the county may foreclose after three years.
To be appointed, the personal representative needs to usually apply for ?letters testamentary? with the proper court, which in turn will authorize that person to act as personal representative and carry out the instructions contained in the decedent's will.
Missouri requires that an estate be over $40,000 in order to go through a standard probate process. Otherwise, it will undergo a simplified probate process. Wills and testaments must be filed within one year of death with the Probate Division of the Circuit Court.
To be appointed, the personal representative needs to usually apply for ?letters testamentary? with the proper court, which in turn will authorize that person to act as personal representative and carry out the instructions contained in the decedent's will.
