Executor Resignation and Removal Requirements in Missouri

At a glance

Requirements one by one

Removal can begin with the court or a sworn interested-person complaint

Under Mo. Rev. Stat. § 473.140, the court may act on its own motion. An interested person instead files a written complaint supported by affidavit. After notice to the representative—and to counsel of record when the representative cannot be served in Missouri—the court must hear the matter and may revoke the letters.

The discretionary grounds are mental incapacity; felony or infamous-crime conviction; habitual drunkenness; incapability or unsuitability; failure of official duties; waste or mismanagement; conduct endangering a corepresentative; and failure to answer settlement citation and attachment.

A later will creates mandatory revocation

Section 473.143 says administration letters shall be revoked when a later-found will is probated, followed by testamentary letters. It also requires revocation and new letters for unadministered goods when an earlier will probate is set aside.

That mandatory result is separate from Section 473.140's discretionary “may revoke” grounds.

Resignation requires final settlement and good cause

Under § 473.139, the executor or administrator petitions after filing the required final settlement. The court may permit resignation for good cause; upon acceptance it must revoke the letters. Resignation and revocation have the same effect as other revocations.

The petition may be heard without notice or with notice to the persons and in the manner the court directs. The section states no fixed notice period or beneficiary-consent requirement.

Every departure triggers settlement and turnover

Section 473.603 applies after death, resignation, legal disability, or revocation. The representative, legal representative, or conservator must file final settlement and account, pay, and deliver every category of estate money, property, rights, records, and papers to the successor or remaining representative at the court-ordered time and manner.

The final settlement may be approved without notice or after court-directed notice. Under § 473.607, a successor, surviving representative, or interested person may seek a compelled settlement. The court may use contempt, determine the property held, and enter judgment against the representative and sureties. That enforcement application receives a hearing with at least 10 days' notice to affected parties.

Section 473.153(6) separately lets the court deny or reduce compensation for any failure to discharge duties.

Remaining representatives continue; otherwise the court selects a successor

Under § 473.150, remaining representatives continue all estate duties after a partial vacancy. The court may nevertheless revoke the surviving executor's letters when estate interests require and issue administration-with-will- annexed letters to the survivor and another qualified person.

If all executors—or the administrator—leave, § 473.147 permits the court to grant administrator-de-bonis-non letters to a qualified will beneficiary or someone eligible for the original administration. The successor performs like duties and incurs like liabilities.

The cited provisions state no special appeal, stay, reinstatement, or prior-act rule.

What trips people up

• The complaint must be written and affidavit-supported. A bare informal objection is not the procedure Section 473.140 states.
• Resignation is conditioned on good cause and final settlement. The court may hear the petition without notice, but private departure is not enough.
• A successor is not automatic when someone remains. Remaining representatives ordinarily continue.

Common questions

Does every removal ground require revocation? No. Section 473.140 says the court may revoke. Section 473.143 separately uses mandatory language for later-will events.

May the resignation petition be heard without notice? Yes. Section 473.139 expressly allows that, or court-directed notice.

Can the sureties be reached for unaccounted property? Yes. Section 473.607 permits judgment against the representative and sureties after the noticed enforcement hearing.

Statutes and sources

• Mo. Rev. Stat. §§ 473.139-.150 — resignation, removal, later-will revocation, successor, and remaining representative. — current official text for § 473.139, § 473.140, § 473.143, § 473.147, and § 473.150 (accessed 2026-08-28)
• Mo. Rev. Stat. § 473.153(6) — compensation reduction or denial. — https://revisor.mo.gov/main/OneSection.aspx?section=473.153 (accessed 2026-08-28)
• Mo. Rev. Stat. §§ 473.603 and 473.607 — final settlement, turnover, enforcement, contempt, surety judgment, and notice. — current official text for § 473.603 and § 473.607 (accessed 2026-08-28)