Missouri Independent vs Supervised Probate

Q: What is independent administration in Missouri?

Under RSMo 473.780 and following, it lets the personal representative administer the estate with fewer hearings and less ongoing court approval than supervised administration - generally faster and less expensive in attorney time.

Q: Does Missouri require an attorney under either administration type?

Yes. RSMo 473.787 requires a personal representative who isn't a licensed attorney to be represented by counsel in both independent and supervised administration - this requirement doesn't change based on which track the estate uses.

Quick answer: independent administration lets the personal representative act with fewer hearings and less ongoing court approval — available when the will authorizes it or all interested parties consent. Supervised administration is the fallback, with court approval required at more steps, and the court can convert an estate to supervised status if problems arise. See how this affects your own estimate in the Missouri probate timeline calculator.

Side by side

	Independent	Supervised
Court approval for routine actions	Fewer hearings needed	Required at more steps
How it's obtained	Will authorizes it, or all interested parties consent	Default when independent isn't available
Attorney required	Yes (§ 473.787)	Yes (§ 473.787)
Can it change mid-case	Court can convert to supervised if problems arise	—
Typical fit	Solvent, uncontested, cooperative family	Contested or high-risk estates

Two paths to independent administration

RSMo § 473.780 et seq.: a Missouri estate qualifies for independent administration one of two ways — the decedent's will specifically authorizes it, or every interested party in the estate consents to it. Either path leads to the same result: fewer hearings and less ongoing court approval than supervised administration requires, which is generally faster and more economical.

Independent administration isn't necessarily permanent

One thing worth knowing: an estate that starts under independent administration isn't locked in. If problems arise — a dispute, a concern about how the personal representative is handling estate assets — the court can convert the case to supervised administration, and in serious cases, remove the personal representative for losses to the estate. Court approval at each step under supervised administration can help deter disputes in the first place, which is part of why it remains the better fit for contested or high-risk estates.

The attorney requirement applies either way

It's worth being precise about one thing these two tracks have in common: RSMo § 473.787's requirement that a non-attorney personal representative be represented by counsel applies to both independent and supervised administration. Choosing independent administration doesn't remove the need for a lawyer — it changes how much court involvement that lawyer's client will need along the way.

Facing probate in Missouri?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Missouri attorney

Independent vs supervised — frequently asked questions

What is independent administration in Missouri?

Under RSMo § 473.780 and following, it lets the personal representative administer the estate with fewer hearings and less ongoing court approval than supervised administration — generally faster and less expensive in attorney time.

How does a Missouri estate qualify for independent administration?

Either the decedent's will specifically authorizes it, or all interested parties in the estate consent to it. Without one of those two paths, the estate proceeds under supervised administration instead.

When would a Missouri estate use supervised administration instead?

When the will doesn't authorize independent administration and not all interested parties consent, or when the court converts an estate to supervised status — which can happen if problems arise, including grounds to remove a personal representative for losses to the estate.

Does Missouri require an attorney under either administration type?

Yes. RSMo § 473.787 requires a personal representative who isn't a licensed attorney to be represented by counsel in both independent and supervised administration — this requirement doesn't change based on which track the estate uses.

Estimate for general guidance only, not legal advice. Based on RSMo 473.780, 473.787. Which type fits a specific estate depends on its own facts. Consult a licensed Missouri attorney before choosing.