What Are the Key Responsibilities of an Estate Executor During Probate?

A Missouri estate executor must protect estate property, identify and value assets, address debts and taxes, maintain accurate records, report to the probate court, and distribute the remaining property in accordance with the will. It's common to feel completely overwhelmed during this process; however, you do not have to face it alone.

At Shipman & DeHardt, PC, our attorneys have extensive experience handling estate planning and probate matters. We assist executors and families in Kansas City, Lee’s Summit, Blue Springs, Raytown, and Independence with each stage of estate administration. Schedule a consultation today to get trusted legal guidance.

What Authority Does an Executor Have? 

An executor is the person nominated in a will to administer the deceased person’s estate. Missouri law generally refers to an executor as a “personal representative,” a broader term that also includes an administrator appointed when someone dies without a will. 

Being named in a will does not immediately authorize you to access accounts, sell property, or distribute assets. The will must generally be presented to the appropriate probate court. If the court appoints you, it issues letters testamentary establishing your authority to act for the estate. 

Once appointed, you become a fiduciary. You must act in the interests of the estate and its beneficiaries, follow the will and Missouri law, and comply with applicable court orders. You cannot use estate property for personal purposes or to favor a specific beneficiary.

Identifying, Protecting, and Valuing Estate Assets 

One of your first responsibilities is locating and protecting the deceased person’s probate property. Depending on the estate, you may need to secure a residence, safeguard vehicles and personal belongings, forward mail, maintain insurance, and prevent unauthorized access to financial accounts. 

Missouri law generally requires the personal representative to take possession of the deceased person’s personal property, except property exempt for a surviving spouse or unmarried minor children. A court may also direct the representative to take possession of real estate when necessary to preserve it or pay claims. 

You must determine which assets belong to the probate estate. Life insurance, retirement accounts, payable-on-death accounts, trust property, and jointly owned assets with survivorship rights may transfer outside probate. Asset titles, beneficiary designations, and account agreements control whether an item must be administered through the estate. 

Missouri generally requires the personal representative to file an inventory and appraisal within 30 days after receiving letters unless the court grants additional time. The inventory identifies estate property, its date-of-death value, and any liens or encumbrances. Real estate, business interests, valuable collections, and other difficult-to-value assets may require professional appraisal. 

Addressing Creditor Claims and Estate Expenses 

After the court issues letters, the probate clerk generally arranges publication of notice once a week for four consecutive weeks. The clerk also sends notice to heirs and beneficiaries listed in the court records unless they have waived it. The publication informs creditors about the estate and the deadline for filing claims. 

Missouri creditors generally have six months from the date of first publication to file probate claims, subject to other statutory deadlines and exceptions. As executor, you may need to review the deceased person’s records, identify known obligations, evaluate filed claims, and determine whether each claim should be paid or disputed. 

A bill is not automatically valid merely because someone submits it. A claim may be late, unsupported, incorrectly calculated, or subject to a defense. Paying an improper claim can reduce the beneficiaries’ inheritance, while disregarding a valid claim can expose the estate to additional proceedings. 

Estate funds may also be used for authorized administration expenses, funeral costs, taxes, and statutory allowances. You should not distribute property to beneficiaries until you have determined that the estate can satisfy obligations with higher legal priority. 

Managing Estate Property and Financial Records 

You should keep estate funds separate from personal money, typically by opening an estate bank account. All income, expenses, property sales, reimbursements, and distributions should be supported by statements, receipts, invoices, or other records. 

You may need to collect income owed to the deceased person, maintain real estate, renew insurance, manage investments, or operate a business temporarily. Your authority depends on the will, the type of probate administration, and any relevant court orders. 

An executor may need to sell property to pay claims, divide the estate, or carry out the will. The required procedure depends on the asset and whether the estate is under independent or supervised administration. You remain responsible for obtaining a reasonable price, documenting the transaction, and obtaining court approval.

Family members should not remove or divide estate property without authorization. Allowing one beneficiary to take personal belongings before they are valued or distributed can lead to an unequal distribution and disputes over missing property. 

Handling Tax and Reporting Requirements 

An executor must determine which tax returns and payments the estate requires. These may include the deceased person’s final individual income tax return, income tax returns for the estate, and other filings based on the nature and value of the assets. Because filing requirements vary by estate, an accountant or tax professional may be needed. 

You must also complete the settlements, accountings, and other reports required by the probate court. These filings show the property received, income earned, expenses paid, assets sold, and distributions made. 

Good records allow beneficiaries and the court to follow the administration of the estate. They can also protect you if someone later questions an expense, valuation, sale, or distribution. 

Communicating With Beneficiaries 

Beneficiaries often want to know how long probate will take and when they will receive their property. Although you may not be able to provide an exact closing date, reasonable updates can explain what has been completed and what remains unresolved. 

You should avoid promising an early distribution before the claims period has expired or the estate’s obligations are known. You must also follow the will rather than informal agreements among certain family members, unless a legally valid arrangement or court order permits a different result. 

If beneficiaries disagree with your decisions, careful records and clear explanations may prevent the disagreement from becoming a formal probate dispute. Questions concerning contested property, disputed claims, or conflicting interpretations of the will may require court resolution. 

Distributing Property and Closing Probate 

Before making final distributions, you must confirm that the estate has addressed its debts, expenses, taxes, claims, and applicable allowances. You then distribute the remaining property in accordance with the will. If the will does not dispose of certain property, Missouri intestacy law may determine who receives it. 

Distribution can involve transferring money, preparing deeds, retitling vehicles, assigning business interests, or delivering personal property. Written receipts can document that beneficiaries received their authorized shares. 

The closing process generally requires a final accounting or settlement and documentation of the proposed or completed distributions. Requirements vary depending on whether the administration is independent or supervised. After the court discharges you, your authority and ordinary responsibilities as personal representative end. 

Can an Executor Be Held Personally Liable? 

An executor may be personally liable for losses resulting from misconduct or failure to perform required duties. Examples include misusing estate funds, distributing assets prematurely, ignoring valid claims, improperly selling property, failing to account for assets, or engaging in undisclosed self-dealing. 

You do not ordinarily become personally responsible merely because the estate owes more than it owns. The central issue is whether you safeguarded the available assets and administered them in accordance with Missouri law. Legal guidance can help you recognize when a transaction, payment, or distribution requires additional notice or court approval. 

Estate Planning Attorneys Serving Kansas City, Missouri 

At Shipman & DeHardt, PC, we have over 75 years of combined legal experience in Missouri. We work closely with executors to identify assets, evaluate claims, complete probate filings, prepare accountings, and properly distribute estate property. Our compassionate attorneys serve Kansas City, Jackson, Cass, Johnson, Clay and Platte Counties. If you have been named as an executor or need assistance administering an estate, contact us to discuss your responsibilities and the probate process.