Q: When a will is filed in Missouri, does the executor pay filing fees and other expenses upfront out of his own funds?
Since an attorney is required when filing a will for probate and the court requires payment of a filing fee, this can be a significant sum for someone who has been named an executor to pay on their own.
A: An attorney cannot ethically advance costs. Therefore, the costs must be paid up front- usuallly by the personal representative. Intial Court costs are typically under $200.00. These costs can be reimbursed from Estate funds after the personal representative receives his or her letters of office. If someone does not have the financial ability to advance the court costs, perhaps they should not serve as the personal representative. Courts have a genuine concern that a personal representative will be a financially responsible person and not use estate funds for their own expenses or gain.
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