Missouri · ProbateMissouri personal representative selling a house: independent administration or court approval

Letters in Missouri say whether the personal representative may administer the estate independently. They do when a will admitted to probate authorizes or directs independent administration, or when all the interested heirs and devisees consent and the will doesn't prohibit it; a will that requires court supervision is followed (RSMo 473.780). Except as the will restricts, an independent personal representative acting reasonably for the interested persons may sell, mortgage or lease any real property of the estate for cash, credit or both (473.810(16)). A person who deals in good faith for value with an independent personal representative is protected as if the power had been properly exercised, needn't inquire into it, and a conveyance to a bona fide purchaser for value can't be set aside because the representative didn't act reasonably (473.811). An executor given a power of sale by the will may use that power or the statutory procedure (473.457(3)). Otherwise the executor or administrator petitions the court to sell, describing the property and the reason, and the court sets a hearing with notice to heirs and devisees – by mail, by publication for four consecutive weeks, or both – and may order the sale (473.493). Within ten days after the sale the representative files a verified report, including an affidavit that it didn't directly or indirectly buy the property; the report stays on file ten days, interested persons may object in writing, and if the court is satisfied that the price and terms were the most advantageous to the estate it approves the sale and orders the deed (473.513).