Updated September 7, 2026. Quick answer: In Missouri, missouri requires every personal representative to execute and file a bond before entering upon the duties of office (§ 473.157), except as provided in § 473.160, which excuses bond when the will expresses the testator’s wish that none be required; but the court retains discretion to require bond anyway.
Does Missouri require an executor to post a bond?
Missouri requires every personal representative to execute and file a bond before entering upon the duties of office (§ 473.157), except as provided in § 473.160, which excuses bond when the will expresses the testator’s wish that none be required; but the court retains discretion to require bond anyway.
“When, by the terms of the will, the testator expresses a wish that no bond be required of the personal representative, no bond shall be required unless the court, in its discretion, finds it proper to require it”
Can the will waive it in Missouri?
Yes. If the will expresses a wish that no bond be required, none is required unless the court, in its discretion, finds it proper to require one.
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Can the heirs or beneficiaries waive it in Missouri?
Sometimes. The statute does not give heirs a freestanding consent-based waiver right; relief instead flows from the will’s language plus the court’s separate ‘good cause’ discretion to find bond unnecessary for the protection of interested parties.
If a bond is required, how much?
Missouri lets heirs collect a small estate by affidavit, without a full bond, once it is worth $40,000 or less.“execute and file a bond…with sufficient security, in an amount fixed by the judge or clerk for the protection of interested parties”
Source: Mo. Rev. Stat. § 473.157
What makes Missouri different
Missouri is a non-UPC, default-bond-required state similar to Mississippi, but its waiver standard is phrased more loosely (‘expresses a wish’) than Mississippi’s direct-instruction language, and it explicitly preserves broad judicial discretion to override any will-based waiver.
| Bond-requirement source | Mo. Rev. Stat. §§ 473.157, 473.160 |
| Missouri courts (general reference) | Missouri judicial branch |
| Supplemental-figure source | Mo. Rev. Stat. § 473.097 |
| Confidence | High |
Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in Missouri.