Do I have to be represented by an attorney to file for letters of administration?

UPDATED: Oct 7, 2010

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Do I have to be represented by an attorney to file for letters of administration?

My father died intestate. The other heirs agree that I should be the administrator. Am I required to have an attorney to file for letters of administration?

Asked on October 7, 2010 under Estate Planning, Missouri


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In MO an attorney is required to represent the personal representative in both supervised and independent administrations. A lawyer can assure that all deadlines are met and avoid mistakes and delays; they can also help to explain the process to family members to prevent disagreements among family members over minor or major issues.

Additionally, while some people may file small estate affidavits and letters of refusal for spouses, minor children, or creditors without attorneys, having one can avoid costly mistakes especially if real estate is involved.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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