When someone passes away and leaves a will, one of the most important steps is choosing an executor also known as a personal representative. This individual is legally responsible for ensuring that the instructions in the will are properly carried out, debts are paid, and the estate is distributed according to the law.
In both Kansas and Missouri, the executor’s role is not just symbolic it’s a serious legal responsibility that involves working closely with the probate court, beneficiaries, and sometimes creditors or tax professionals. Let’s dive into the nuts and bolts of what this position really entails.
Who Can Serve as an Executor?
In Kansas and Missouri, the executor is either:
- Named in the decedent’s will, or
- Appointed by the court if the named individual cannot or will not serve (this person is then referred to as an administrator).
Typically, executors are spouses, adult children, other trusted family members, or close friends. However, a professional fiduciary or trust company can also serve, especially if the estate is large or complex.
Legal Requirements
To qualify, the executor must:
- Be at least 18 years old
- Be of sound mind
- Not be a convicted felon (in most cases)
In both states, the executor takes an oath and is bound by fiduciary duty meaning they must act in the best interest of the estate, not themselves.
Opening the Probate Estate
The first major responsibility? Initiating probate in the county court where the deceased person resided. This process involves:
- Filing the will with the court
- Petitioning to open the estate
- Requesting Letters Testamentary (a court-issued document that grants authority to act on behalf of the estate)
Without these letters, the executor has no legal right to manage the deceased’s property.
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Identifying and Securing Estate Assets
After appointment, the executor must identify, locate, and protect all probate assets, such as:
- Bank and investment accounts
- Real estate
- Vehicles and personal property
- Business interests
They may need to:
- Change property locks
- Notify financial institutions
- Maintain insurance policies
- Secure valuable property
Both Kansas and Missouri require the executor to file an inventory of estate assets with the court, which must include estimated values.
Notifying Heirs, Beneficiaries, and Creditors
One of the next crucial steps is providing notice:
- To heirs and beneficiaries that probate has started
- To creditors via public notice (usually in a local newspaper)
- To known creditors through direct mailing
Each state imposes strict deadlines for creditor claims:
- In Kansas, creditors generally have 4 months from the date of publication.
- In Missouri, creditors usually have 6 months.
Failing to notify creditors correctly can open the executor to personal liability.
Managing Estate Finances
Executors act as the financial manager of the estate. Their responsibilities typically include:
- Opening a dedicated estate bank account
- Paying utilities, insurance, property taxes, and funeral expenses
- Depositing income (e.g., rental income, dividends)
- Paying valid creditor claims in the legally required order
Any misuse of estate funds intentional or not can have serious legal consequences. Consulting an attorney, like those at Kelly Law Firm, is often a wise move.
Handling Taxes
Yes, taxes still apply after death. The executor may need to:
- File the final personal income tax return of the deceased
- File estate income tax returns (Form 1041)
- Handle any outstanding state or federal tax liabilities
Although most estates won’t trigger federal estate tax (due to high exemption thresholds), income from estate assets often leads to fiduciary tax filings.
Working with a tax advisor is a smart step—especially when large or complex estates are involved.
Selling or Distributing Assets
If the estate doesn’t have enough cash to pay debts or expenses, the executor may need to sell property—especially real estate. This process often requires:
- Valuation of assets
- Obtaining court permission (especially in Missouri)
- Transparent sale procedures
When it’s time to distribute assets:
- If there’s a valid will, it guides how assets are divided.
- If there’s no will, the estate is distributed under the intestacy laws of Kansas or Missouri.
Pro tip: Always document distributions carefully to avoid disputes down the road.
Recordkeeping and Final Accounting
One of the most overlooked duties is detailed recordkeeping. Executors must track:
- All estate income and expenses
- All actions taken on behalf of the estate
- All distributions made to beneficiaries
Before probate can be closed, the executor must submit a final accounting to the court. This report ensures full transparency and protects the executor from future legal claims.
Closing the Estate
The last phase involves:
- Filing a petition for final settlement
- Submitting all financial records and receipts
- Requesting court approval to close the estate
Once approved, the executor is officially discharged, and their legal responsibility ends.
Fiduciary Duties and Legal Risk
Executors are held to high standards. They must act:
- Honestly
- Diligently
- In the best interests of the estate and its beneficiaries
Executors who breach their duties may face:
- Removal by the court
- Personal financial liability
- Lawsuits from beneficiaries
For peace of mind, legal guidance is highly recommended—especially when disputes, high-value assets, or business interests are involved.
Frequently Asked Questions
Can an executor live out of state?
Yes, but they may need to appoint a local agent or meet other state-specific requirements.
How long does probate take in Kansas or Missouri?
Generally, anywhere from 6 months to 1.5 years, depending on the estate’s complexity.
Is an attorney required to be an executor?
No, but executors are encouraged to work with a probate attorney to avoid mistakes and liability.
What happens if the named executor doesn’t want to serve?
The court can appoint another qualified individual—often the next named alternate in the will or a family member.
Wrapping It Up
Being an executor in Kansas or Missouri isn’t a simple task—it’s a legally complex role that involves court processes, asset management, debt payment, and accurate recordkeeping. Whether you’re appointing someone or stepping into the role yourself, understanding these duties is critical to protecting both the estate and yourself.
Need help navigating the process? The Kelly Law Firm is here to guide you every step of the way. Whether you need assistance with probate, estate planning, or fiduciary advice, our experienced team is just a call or click away.
Ready to get started or have questions? Contact us today or visit our full list of Estate Planning and Probate Services for more information.