Missouri Probate Code Photocopy Supp 2011

Estates and Trusts
Professor Cheslik
Selected Missouri Statutes
CHAPTER 461: NONPROBATE TRANSFERS
12
461.001. Transfers on death,
certain provisions deemed
nontestamentary, exceptions ..... 12
461.003. Law, how cited ...... 12
461.005. Definitions ......... 13
461.009. Nonprobate transfers
not subject to requirements of a
will--effect with or without
consideration ................... 13
461.011. Transferring entity
acting as agent for owner subject
to nontransfer law, agency does not
end with death of owner, duties. 14
461.012. Nonprobate transfers
subject to agreement of
transferring entity, when ....... 14
461.014. Transferring entity,
obligation resulting from
acceptance and registration..... 14
461.021. Beneficiary designation
under written instrument or law,
effect .......................... 14
461.023. Assignments effective
on death of owner--delivery, effect
................................ 14
461.025. Deeds effective on
death of owner--recording, effect15
461.026. Procedure to transfer
tangible personal property to take
effect on death of owner ........ 15
461.027. Transferor may directly
transfer property to a transferee
to hold as owner in beneficiary
form--transferee shall be owner of
property for all purposes--transfer
effective, when ................. 15
461.026. Registration of
property, including accounts and
securities in beneficiary form,
effect .......................... 16
461.031. Effect of beneficiary
designation on ownership of
property during lifetime and at
death. . . . . . . . . . . . . . . . . . . . . . . . . .. 16
461.033. Revocation or change of
beneficiaries designation ....... 16
461.035. Agents may not make,
revoke or change beneficiary unless
document establishes agent's right
or court order authorizes--
:2
authorized withdrawals may
extinguish beneficiary's right to
transfer ......................... 17
461.037. Property designated for
a beneficiary if lost, destroyed,
damaged or involuntarily converted,
during owner's lifetime, effect .. 17
461.039. Effect of collateral
conveyances or liens on property
subject to nonprobate transfer ... 17
461.042. Survival required .... 17
designating a trustee under trust
not invalid because trust is
amendable or revocable--trust that
is revoked, terminated or does not
exist at death of owner, effect .. 16
461.045. Lineal descendant
substitutes ...................... 16
461.048. Disclaimer ........... 18
461.051. Marriage dissolution or
annulment--revocation of transfer
to former spouse or relative of
spouse, exception--remarriage to
spouse, nullification of annulment,
effect, relative of the owner's
spouse, defined .................. 19
461.054. Disqualification for
fraud, duress and undue influence
and causing owner's death--
proceeding to determine
disqualification ................. 19
461.059. Omitted spouse or
child, probate rules do not apply--
after-born child or after-adopted
child, effect on nonprobate
transfers ........................ 20
461.062. Nonprobate transfer
rules ............................ 20
461.065. Transferring entity,
protection ....................... 22
461.067. Rights of owners and
beneficiaries--improper
distribution, liability of
distributee--purchasers from
distributee protected ............ 23
461.071. Rights of creditors .. 23
461.073. Scope and application
of law ........................... 23
461.076. Jurisdiction of probate
division of circuit court .... '" .24
valid under law of another state
enforceable in Missouri--effect of
transfer determined by local law
selected in document or designation
............................... , 24
461.081. Nonprobate transfer
laws to be effective when--prior
transfers to be valid... . . . . . . .. 24
461.300. Nonprobate
beneficiaries to pay, pro rata
share of all property received, to
personal representative to cover
statutory allowances and claims due
estate, enforced by action for
accounting, time limitation--action
affect on transferring entity ... 25
CHAPTER 471 UNIFORM SIMULTANEOUS
DEATH LAW ......................... 26
471.010. No sufficient evidence
of survivorship ................. 26
471.020. Survival of
beneficiaries ................... 26
471.030. Joint tenants or
tenants by entirety ............. 26
471.040. Insurance policies .. 26
471.050. Law not retroactive. 26
471.060. Law does not apply if
decedent provides otherwise ..... 26
471.070. Uniformity of
interpretation ...... '" ......... 26
471.080. Short title ......... 27
CHAPTER 472 PROBATE CODE--GENERAL
PROVISIONS ........................ 27
472.010. Definitions ......... 27
472.013. Fraud under probate
code--remedy--procedure ......... 28
472.020. Jurisdiction of probate
division of circuit court ....... 29
472.025. State may be party to
proceedings--service ............ 29
472.030. Powers of court--
executions, when returnable--
service of process .............. 29
472.040. Costs ............... 30
472.050. Court open, when--
sessions--time for acts ......... 30
472.060. Disqualification of
judge ........................... 30
472.070. Powers of clerk ..... 30
472.080. Documents filed with
court, form--content ............ 30
472.090. Objections to petition,
form ............................ 31
3
472.100. Notice--court may
require--how delivered ........... 31
472.110. Proof of service ..... 32
472.120. Amendment of proof of
service .......................... 32
472.130. Waiver of notice ..... 32
472.135. Waiver of legal
requirements, when--limitation on
waiver ........................... 32
472.140. Record kept--adversary
probate proceeding defined ....... 33
472.141. Proceedings to be
conducted in accordance with rules
of procedure -- order after action
commenced ........................ 33
472.150. Vacation and
modification of judgments ........ 33
472.160. Appeal--when--grounds
for .............................. 34
472.170. Appeals from orders as
to mental condition--procedure--
operates as supersedeas, when--
appointment of guardian--review .. 35
472.180. Time for appeal ...... 35
472.190. Appeals stayed or
consolidated, when ............... 35
472.210. Appeals, procedure ... 35
472.280. Records of probate
division of circuit court--may be
kept by means other than bound
volumes--reading equipment, index
to be provided ................... 36
472.290. Rules of evidence to
apply--exceptions--specific rules36
472.300. Proceedings involving
trusts--estates--minors--disabled
or incapacitated persons--
supervised settlements, procedure37
472.320. Independent
administration of decedents'
estates--application of probate
code ............................. 37
472.330. Approval of act or
transaction in best interests of
estate ........................... 37
472.335. Power of court to
confirm and validate acts--acts
included ......................... 37
CHAPTER 473 PROBATE CODE--
ADMINISTRATION OF DECEDENTS ESTATES38
473.010. Venue ................ 38
473.013. Character of
proceeding--jurisdiction of court 38
473.017. Application for
letters--content ................ 39
473.020. If no application
filed, others may request
administration or probate--
petition, form, contents--hearing,
notice, orders .................. 39
473.023. Court or clerk to grant
letters ......................... 40
473.030. Request for special
notice of hearings .............. 40
473.033. Notice of letters --
duty of clerk -- publication --
form ............................ 41
473.037. Successor need not
publish notice, when ............ 42
473.040. Notice where there are
no known heirs . . . . . . . . . . . . . . . . .. 42
473.043. will of decedent, where
delivered--wills found in safe
deposit boxes, how delivered--
refusal to deliver, how handled. 42
473.047. Certificate of probate
or rejection .................... 42
473.050. wills, presentment for
probate, time limited--presented,
defined ........................ , 42
473.053. Testimony of
subscribing witnesses, other
evidence ........................ 43
473.057. Commission for
testimony of nonattendant witness43
473.060. Testimony before
officer, effect ................. 44
473.063. Testimony to be
recorded--record as evidence .... 44
473.065. Probate of will, when--
procedure for contest........... 44
473.067. Proof of nuncupative
wills ........................... 44
473.070. Heirs, time limits to
establish interest in estate--
posthumous heirs in gestation,
mother has right to file action--
time limitations ................ 44
473.073. Proof required for
probate and grant of administration
....... '" ...................... 44
473.077. Proceedings reopened,
when ............................ 45
473.060. Certificate of probate,
contents--evidence .............. 45
473.061. Probate of portion of
4
will ............................. 45
473.083. Will binding, when--
contest of will, when, procedure.46
473.084. Compromise of
controversy as to probate, when
binding ............. , ............ 47
473.087. Will not effective
until probated ................... 47
473.090. Refusal of letters ... 48
473.091. Clerk's duties as to
certain forms--not practice of law
................................. 49
473.092. Court may order
administration previously commenced
pursuant to guardianship law,
dispensed with, when ............. 49
473.095. Apportionment of
property between surviving spouse
and children .................. , .. 49
473.097. Small estate --
distribution of assets without
letters, when -- affidavit --
procedure - - fee ................. 49
473.100. Effect of acquittances
by distributees of small estate .. 51
473.107. Small estate appraised,
when ............................. 51
473.110. Persons entitled to
letters .......................... 51
473.113. Letters granted to
others, when ..................... 52
473.117. Persons and
corporations disqualified as
personal representative --
designation required -- service of
process, how made ................ 52
473.120. Form of letters
testamentary ..................... 53
473.123. Form of letters of
administration ................... 53
473.127. Letters c.t.a. and
d.b.n., form ..................... 53
473.130. Letters or copies,
evidence ......................... 54
473.133. Administrator during
minority or absence .............. 54
473.137. Administrator pending
contest, appointed when--duties .. 54
473.139. Resignation by executor
or administrator, procedure, effect
.... , ....... " ................... 54
473.140. Removal of personal
representative ................... 54
473.143. Revocation of letters
on finding will ................ , 55
473.147. Administrator d.b.n.,
when appointed .................. 55
473.150. Remaining executor or
administrator to continue ..... ,. 55
473.153. Compensation of
personal representatives,
accountants and attorneys ....... 55
accountants and attorneys (first
class counties and St. Louis City)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 57
473.157. Bond of personal
representative -- conditions of
bond ............................ 57
473.160. Bond not required, when
................................ 58
473.163. Agreements with surety
as to deposit of assets ......... 58
473.167. Execution of bond ... 58
473.170. Obligees of bond--
liability of surety ............. 58
473.173. Bond of joint executors
or administrators ............... 58
473.177. Affidavit of personal
sureties ........................ 58
473.180. Persons not acceptable
as sureties ..................... 58
473.183. Approval of bond .... 59
473.187. Bond valid though
rejected ........................ 59
473.190. Sufficiency of bond to
be shown on settlements ......... 59
473.193. Inquiry into condition
of sureties--order for new bond. 59
473.197. Court may require,
increase or decrease bond, when. 59
473.200. Letters revoked on
failure to give bond ............ 59
473.203. Effect of new bond .. 60
473.207. Execution of bond
deemed appearance by surety--
procedure on breach of obligation
of bond ......................... 60
473.210. Successor may sue on
bond. . . . . . . . . . . . . . . . . . . . . . . . . . .. 60
473.213. Limitations on suits 60
473.217. Action on bond
generally ..................... " 61
473.220. Inventory and
appraisement .................... 61
473.223. Settlement .......... 61
5
473.227. Security ............. 62
473.230. Citation of partner .. 62
473.233. Inventory and
appraisement--classification of
property ......................... 62
473.237. Affidavit to inventory
................................. 63
473.240. Additional inventory.63
appraisers ....................... 63
473.247. Debt of executor not
discharged ....................... 63
473.250. Debt of administrator,
assets ........................... 63
473.253. Inventory as evidence 63
473.260. Devolution of estate at
death ............................ 63
473.263. Possession of assets .64
473.267. Assets for payment of
claims ........................... 64
473.270. Collection of debts,
prosecution and defense of suits .64
473.273. Actions instituted by
or against decedent, duties ...... 64
473.277. Compromise of debts due
estate ........................... 64
473.280. Purchase at foreclosure
of mortgage held by estate ....... 65
473.283. Title to real estate,
how taken on such purchase--how
administered ..................... 65
473.290. Payment of debt of
decedent secured by property of
another--procedure ............... 66
473.293. Disposition of
valueless or encumbered property. 66
473.297. Expenditures for
preservation of property ......... 66
473.300. Continuation of
business of decedent ............. 66
473.303. Specific execution of
contract of decedent--petition ... 67
473.307. Notice--hearing--
intervention ..................... 67
473.310. Specific execution of
contract of decedent, court order -
-warranties -- conveyance or lease
under will ....................... 67
473.313. Action for specific
performance--proceedings in probate
division of circuit court ........ 67
473.317. Completion of contracts
to purchase property--exercise of
options ......................... 68
473.320. Interest may be sold,
when ............................ 68
473.323. Interest relinquished
to vendor, when ................. 68
473.327. Procedure in case of
sale of school lands ............ 68
473.330. Conveyances, how made--
procedure ....................... 68
473.333. Investment of surplus
funds ........................... 69
473.337. Bank deposits ....... 69
473.340. Discovery of assets,
procedure for ................... 69
473.360. Limitations on filing
of claims--when claims barred ... 70
473.363. Suits pending at
decedent's death deemed duly filed,
when--personal representative to
list pending actions--period of
nonclaim not affected ........... 71
473.367. Actions commenced after
decedent's death deemed filed, when
................................ 71
473.370. Establishment of claim
by judgment--judgment deemed filed,
when ............................ 71
473.380. Claims, form and
verification--claim to be
established by evidence ......... 72
473.383. Claims not due,
proceedings ..................... 72
473.387. Secured claims--
surrender of security--payment .. 72
473.390. Contingent claims ... 73
473.393. Collection of
contingent claims from distributees
-- limitations -- contribution .. 73
473.397. Classification of
claims and statutory allowances. 73
473.398. Recovery of public
assistance funds from recipient's
estate, when authorized --
procedure -- exceptions ......... 74
473.399. Definitions --
ooligation to repay assistance,
claim against estate, when --
defenses, setoff -- exceptions .. 74
473.403. Allowance of claims--
court's duties--allowance by
personal representative ......... 75
473.407. Defenses against claims
. . . . . . . . . . . . . . . . . . . . .. 75
6
473.410. Offsets or
counterclaims--personal
representative to list--how
asserted--procedure--judgment .... 75
473.413. Hearing and disposition
of claims--notice ......... , ...... 75
473.423. Claim of personal
representative--how established--
procedure--fee ............ , ...... 76
473.427. Compromise of claims
against estate ................... 76
473.430. Payments of claims and
statutory allowances in order of
classification --proportional
payment- -priority ................ 76
473.433. Payment of claims not
required prior to six months after
first publication--payments after
six months--insufficient funds--
payment with consent of all
parties--no just claim to be
barred, when ..................... 76
473.437. Extension or renewal of
encumbrances of assets ........... 77
473.440. Enforcement of
judgment, attachment or execution
liens which attached prior to
decedent's death ................. 77
473.443. Proceedings where real
estate has been sold under junior
judgment ......................... 77
473.444. Limitations on filing
claims--when claims barred ....... 78
473.457. Sale of property under
power in will .................... 78
473.460. Purposes for which
property may be sold, mortgaged,
leased or exchanged .............. 79
473.463. No known heirs,
property to be sold .............. 79
473.467. Reservation of property
under direction of will--specific
devises reserved ................. 79
473.470. Heirs may give bond and
prevent sale .............. , ...... 79
473.473. Terms of sale ........ 79
473.477. Executor or
administrator not to purchase,
exception ........................ 80
473.480. Validity of proceedings
................................. 80
473.483. Sales of perishable
property ......................... 80
473.487. Sale, mortgage or lease
of personal property ............ 80
473.490. Sale of real estate on
court's motion, when ............ 80
473.493. Petition to sell,
mortgage or lease real estate--
notice--order ................... 81
473.497. Creditor or other
person may file petition, when .. 81
473.500. Order for sale,
mortgage or lease of property,
content -- duration -- reappraisal,
when . . . . . . . . . . . . . . . . . . . . . . . . . . .. 81
473.507. Notice of public sale
of real estate .................. 82
473.510. Public sale of real
estate, where made, adjournment. 82
473.513. Report of sale--
objections--approval ............ 82
473.517. New sale ordered, when
................................ 82
~ 473.520. Conveyance executed,
contents--effect ................ 83
473.523. Execution of conveyance
or lease where personal
representative resigns, dies or has
letter revoked .................. 83
473.527. Taxes not liens in
hands of transferee............. 83
473.530. Brokers', abstracting,
and auctioneers' fees ........... 63
473.533. Platting of real estate
................................ 83
473.537. Exchange of property 84
473.540. Settlements required,
when ............................ 84
473.543. Settlements, contents--
vouchers for disbursement--
evidence, checks and drafts ..... 65
473.550. Interest to be
accounted for.. . . . . . . . . . . . . . . . .. 65
473.553. Settlement docket,
contents. . . . . . . . . . . . . . . . . . . . . . .. 85
473.557. Notice of time for
settlement ...................... 85
473.560. Failure to file
settlement, citation ............ 85
473.563. Settlement after
citation, penalty ............... 86
473.567. Failure to settle after
citation, letters revoked ....... 86
473.570. Settlement, payment of
claims--apportionment where assets
7
insufficient ..................... 86
473.573. Creditor may have
execution, when .................. 86
473.577. Scire facias against
sureties, when ................... 86
473.580. Proceedings on scire
facias ........................... 86
473.583. Petition for final
settlement and distribution ...... 87
473.587. Notice of final
settlement ....................... 87
473.590. Objections to
settlement, when filed--form--
hearing--approval ................ 67
473.593. Credit for
uncollectible debts shown in
inventory ........................ 87
473.597. Conclusiveness of order
approving final settlement ....... 88
473.600. Accounting for assets
received and disbursed after final
settlement ....................... 88
473.603. Settlement on death,
resignation, or removal of personal
representative ................... 88
473.607. Proceedings to compel
settlement--judgment, enforcement88
473.610. Distribution, when
required ......................... 89
473.613. Partial distribution.89
473.617. Decree of final
distribution ..................... 90
473.618. Notice to judgment
creditors of distribution--contents
of request ....................... 91
473.620. Order in which assets
are appropriated--abatement ...... 91
473.623. Contribution between
devisees ......................... 91
473.627. Advancements to be
determined ....................... 92
473.630. Right of retainer .... 92
473.633. Interest on general
legacies ......................... 92
473.637. Distributees to refund,
when--judgment ................... 92
473.640. Partition of personal
property in kind ................. 92
473.643. Property sold to effect
partition, when .................. 93
473.647. Notice of application
for partition ................. , .. 93
473.650. Distributee may credit
share against purchase price, when
... , ........................... , 93
473.653. proceedings to compel
distribution ................... , 93
473.657. Distribution ........ 93
473.660. Discharge of personal
representative .................. 94
473.663. No administration
within one year after death and no
will probated, interested party may
petition--contents of petition--
notice ...... , ......... " ....... , 94
473.665. Definitions ......... 94
473.668. Administration of
estate of nonresident decedent as
original proceeding............. 95
473.671. Jurisdiction of
property--situs of intangibles .. 95
473.675. Applicability of law to
estate of nonresident decedent--
exceptions ...................... 96
473.676. Filing of copy of
appointment of domiciliary foreign
personal representative, when ... 96
473.677. Domiciliary foreign
personal representative, powers,
duties and obligations. . . . . . . . .. 97
473.678. Power of domiciliary
foreign personal representative,
when executed -- termination of
powers -- substitution of local
personal representative, when ... 97
473.682. Priority of personal
representative appointed by court
of decedent's domicile--exceptions
................................ 97
473.685. Foreign personal
representative subject to
jurisdiction of courts of state,
when ............................ 97
473.687. Foreign personal
representative also subject to
court's jurisdiction to same extent
as decedent prior to death ...... 97
473.689. Service of process on
foreign personal representative,
how made ....... , ................ 98
473.691. Debtor or custodian may
payor deliver personal property to
foreign representative, when .... 98
473.692. Adjudication against
any personal representative of
estate binding on local personal
8
representative ................... 98
473.694. Effect of law on
reciprocal corporate fiduciaries
law .............................. 98
473.697. Letters of
administration for persons absent
for five or more years --
application -- notice -- hearing.98
. 473.700. Who may testify ...... 99
473.703. Publication of finding-
-time for rebuttal ............... 99
473.707. Issuance of letters,
when ............................. 99
473.710. Revocation of letters,
when--effect--procedure .......... 99
473.713. Distributees to give
bond before receiving estate ..... 99
473.717. Supposed decedent
substituted for administrator,
when--effect on actions, judgments
................................ 100
473.720. Payment of costs .... 100
473.733. Certificate and oath --
bond, how sued on ............... 101
473.737. Administrators to have
separate offices -- St. Louis
administrator in civil courts
building -- certain public
administrators to have secretaries
-- clerical personnel to be
provided, when .................. 101
473.739. Compensation for
attendance at training session,
certain public administrators,
expenses shall be reimbursed, when
(certain noncharter counties of the
first classification) ........... 101
473.740. Compensation, Boone and
Clay counties -- removal from
office -- public administrator's
fees paid to county, when -- public
administrator's salary in lieu of
fees, when ...................... 102
473.741. County governing body
may additional
compensation, when -- maximum
allowed -- additional compensation
to terminate, when {certain first
class counties .................. 102
473.742. Salary schedule for
public administrators, certain
counties -- administrator to choose
salary or fee collection -- certain
administrators may join LAGERS. 103
473.750. Powers and duties under
administration law ............. 104
473.753. Notice of
administration, when and how given
-- penalty for failure ......... 104
473.757. Civil officers to
inform public administrator as to
property, when ................. 105
473.760. Shall prosecute
necessary suits ................ 105
473.763. Court may order public
administrator to account to
successor, when ................ 105
473.770. Deputies, appointment,
tenure, compensation, powers (first
class counties) -- delegation of
duties, certain counties ....... 106
473.771. Deputies, appointment
in all counties but first class --
tenure -- compensation -- powers 107
473.773. Public administrator
and sureties liable for acts of
deputies. . . . . . . . . . . . . . . . . . . . . .. 107
473.775. Staff to be deemed
county employees -- full-time staff
may be provided for certain
administrators ................. 108
473.780. Independent
administration, when ........... 108
473.783. Notice of independent
administration, contents ....... 108
473.787. Duties of personal
representative in independent
administration -- attorney
required, when ................. 109
473.793. Inventory of property
by independent personal
representative ................. 109
473.797. Independent personal
representative may employ
appraisers, attorney, accountant or
tax specialist ................. 109
473.800. Supplementary
inventory, when required--copies to
interested persons ............. 110
473.803. Independent personal
representative's right to
decedent's property -- exceptions -
- duties ....................... 110
473.810. Powers and duties of
independent personal representative
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 111
473.811. Dealing in good faith
for value with independent
representative protected--no duty
to inquire--liability of
................................ 112
473.820. Liability of personal
representative .................. 112
and attorney .................... 112
473.827. Review of compensation
of independent personal
representative and of employment
and compensation of others, when--
refunds, when ................... 112
473.830. Court may restrain
personal representative, when --
petition -- hearing -- procedure113
473.833. Revocation of
independent administration, when --
petition -- hearing -- orders of
court ........................... 113
473.837. Settlement of estate,
when--notice--distribution ...... 113
473.840. Completion of
administration--discharge of
independent personal
representative, when--procedures--
objections, time limitation,
procedure ....................... 114
473.843. Time for complete
settlement or filing of statement
of account -- extension ......... 115
473.844. Distribution in kind--
deeds, evidentiary effect--improper
distribution, liability of
distributee, exceptions ......... 115
473.845. Interest of purchaser
for value from, or lender to,
distributee of property protected
................................ 115
CHAPTER 474 PROBATE CODE--INTESTATE
SUCESSION & WILLS ................ 116
474.010. General rules of
descent ......................... 116
474.015. Failure to survive
decedent by 120 hours deemed
predecease of decedent --
consequences .................... 117
474.020. Lineals take per capita
and per stirpes, when ........... 117
474.030. Partial intestacy ... 117
474.040. Collaterals of half
blood inherit, how ............. 117
474.050. Posthumous children to
inherit ........................ 117
474.060. Determination of
relationship of parent and child--
adopted person is child of adopting
parent, exception--illegitimate
child, relationship determined. 118
474.070. Legitimation by
marriage ....................... 118
474.080. Issue of void or
dissolved marriage, legitimate. 118
474.090. Advancements counted
against share, when--evaluation 118
474.100. Alienage no bar to
descent ........................ 118
474.110. Curtesy and dower
abolished ...................... 119
474.120. Inheritance and
statutory rights deemed waived,
when ........................... 119
474.130. Estate conveyed
determines on failure of
contractual bar ................ 119
474.140. Inheritance and
statutory rights barred on
misconduct of spouse ........... 119
474.150. Gifts in fraud of
marital rights--presumptions on
conveyances .................... 120
474.155. Contract to make will
or devise, revoke or not revoke
will or devise, or to die
intestate, how established ..... 120
474.160. Election by surviving
spouse to take against will, effect
............................... 120
474.163. Valuation of estate,
how determined ................. 121
474.170. Notice of right to
elect .......................... 121
474.180. Time for making of
election. . . . . . . . . . . . . . . . . . . . . .. 122
474.190. Form of election,
filing ......................... 122
474.200. Right of election
personal to surviving spouse ... 122
474.220. Waiver of right to
elect .......................... 122
474.230. Effect of failure to
elect to take against will ..... 122
474.235. Share of omitted spouse
10
............................... 123
474.240. Share of omitted
children, how determined ........ 123
474.250. Exempt property of
surviving spouse or minor children
................................ 123
474.260. One year support
allowance, property in lieu
thereof--allowance exempt from all
claims .......................... 124
474.270. Exempt property applied
for, when ....................... 124
474.280. Proceeds of sale of
exempt property paid over, when.124
474.290. Homestead allowance --
partition of real estate selected,
procedure -- waiver ............. 125
474.293. Provision of family
allowance by independent personal
representative -- limitations --
relief by court ................. 126
474.300. Effect of death of
spouse or child or marriage of
minor on family and homestead
allowances ...................... 126
474.310. Who may make will ... 126
474.320. Will form, execution,
attestation ..................... 127
474.330. Who may witness will--
effect of interest in will ...... 127
474.333. Will may provide for
disposal of personal property by
separate list ................... 127
474.337. Written will self-
proved, how ..................... 128
474.340. Nuncupative wills ... 128
nuncupative will ................ 128
474.360. Written will valid if
executed in compliance with law.128
474.370. Foreign wills, recorded
when, evidence .................. 129
474.380. Probate of foreign
wills ........................... 129
474.382. Wills and trusts,
English translation required, costs
............................... 129
474.390. Contest of foreign will
............................... 129
474.400. Revocation of wills .129
subsequent will also revokes first
will--exception ................. 130
474.420. Change in
circumstances--divorce ......... 130
474.425. Property given by
testator during life treated as
satisfaction of devise, when--
valuation ..................... , 130
474.430. Court to conform to
directions of will ............. 131
474.435. Class gift terminology
includes certain persons and
relationships, how determined .. 131
474.440. Bond to convey does not
revoke devise .................. 131
474.450. Encumbrance does not
revoke devise--exoneration, when131
474.455. Devisee who does not
survive testator by 120 hours
treated as predeceasing testator--
exceptions ..................... 132
474.460. Testator surviving
devisee, effect ................ 132
474.463. Exchange of securities
not to adeem specific legacy ... 132
474.465. Failure of devise to
become part of residue ......... 132
474.470. Rule in Shelley'S case
abolished, effect .............. 132
474.480. Devise deemed to convey
fee simple, when ............... 133
474.500. Wills of land to be
recorded, where ................ 133
474.510. Deposit of will in
court in testator's lifetime ... 133
474.520. Construction of will 134
474.530. Wills heretofore
probated, effect--evidence ..... 134
11
CHAPTER 461: NON PROBATE TRANSFERS
461.001. Transfers on death, certain provisions
deemed nontestamentary. exceptions
Any of the following provisions in an insurance policy,
contract of employment, bond, mortgage, promissory note,
stock certificate. account agreement. custodial agreement,
deposit agreement, compensation plan, pension plan,
individual retirement plan, employee benefit plan, trust
agreement, declaration of trust, conveyance or any other
written instrument effective as a contract. gift, conveyance, or
trust or to evidence ownership of property is deemed to be
nontestamentary, and exempt from the requirements of
section 473.087, RSMo, and section 474.320, RSMo:
(1) That money or other benefits theretofore due to,
controlled or owned by a decedent shall be paid after the
decedent's death to a person or persons deSignated by the
decedent in either the instrument or a separate writing,
including a will, executed at the same time as the instrument
or subsequently;
(2) That any money due or to become due under the
instrument shall cease to be payable in event of the death of
the promisee or the promisor before payment or demand;
(3) That any property which is the subject of the instrument
shall pass on decedent's death to a person or persons
deSignated by the decedent in either the instrument or a
separate writing, including a will, executed at the same time
as the instrument or subsequently;
(4) Except to the extent specifically excluded thereunder,
sections 461.003 to 461.081 apply to transfers under this
section.
HISTORY L 1995 S.B. 116
NOTES APPLICABLE TO ENTIRE CHAPTER
CROSS REFERENCES: Bank or trust companies pay-on-death
accounts, form, effect, payment, RSMo 362.471
Motor vehicles and trailers, certificates of ownerShip, nonprobate
transfers on death, form, procedure, RSMo 301.679 to 301.684
12
461.003. Law, how cited
Sections 461.003 to 461.081 may be cited as the
"Nonprobate Transfers Law of Missouri".
HISTORY: L. 1989 H.B. 145 17
461.005. Definitions
In sections 461.003 to 461.081, unless the context
otherwise requires, the following terms mean:
(1) 'Beneficiary', a person or persons designated or
entitled to receive property pursuant to a non probate transfer
on surviving one or more persons;
(2) 'Beneficiary designation', a provision in" writing that is
not a will that designates the beneficiary of a nonprobate
transfer, including the transferee in an instrument that makes
the transfer effective on death of the owner, and that
complies with the conditions of any governing instrument, the
rules of any transferring entity and applicable law;
(3) 'Death of the owner", in the case of jOint owners. means
death of the last surviving owner;
(4) 'In proper form', a phrase which applies to a beneficiary
designation or a revocation or change thereof, or a request to
make. revoke or change a beneficiary deSignation, which
complies with the terms of the governing instrument, the
rules of the transferring entity and applicable law, including
any requirements with respect to supplemental documents;
(5) 'Joint owners', persons who hold property as jOint
tenants with right of survivorship and a husband and wife
who hold property as tenants by the entirety;
(6) 'LOPS', an abbreviation of lineal descendants per
stirpes which may be used in a benefiCiary designation to
deSignate a substitute beneficiary as provided in section
461.045;
(7) "Non probate transfer', a transfer of property taking
effect upon the death of the owner, pursuant to a beneficiary
deSignation. A nonprobate transfer under sections 461.003 to
461.081 does not include survivorship rights in property held
as joint tenants or tenants by the entirety, a transfer to a
remainderman on termination of a life tenancy, a transfer
under a trust established by an individual, either inter vivos or
testamentary, a transfer pursuant to the exercise or
nonexercise of a power of appointment, or a transfer made
on death of a person who did not have the right to deSignate
his or her estate as the beneficiary of the transfer;
(8) 'Owner", a person or persons having a right,
exercisable alone or with others, to designate the benefiCiary
of a non probate transfer, and includes jOint owners;
(9) "Ownership in beneficiary form", holding property
pursuant to a registration in benefiCiary form or other writing
that names the owner of the property followed by a transfer
on death direction and the designation of a beneficiary;
(10) "Person', living individuals, entities capable of owning
property and fiduciaries;
(11) 'Proof of death", includes a death certificate or record
or report that is prima facie proof or evidence of death under
section 472.290, RSMo;
(12) "Property", any present or future interest in property,
real or personal, tangible or intangible, legal or equitable.
Property includes a right to direct or receive payment of a
debt, money or other benefits due under a contract, account
13
agreement, deposit agreement, employment contract.
compensation plan, penSion plan, individual retirement plan,
employee benefit plan. trust or law, a right to receive
performance remaining due under a contract, a right to
receive payment under a promissory note or a debt
maintained in a written account record, rights under a
certificated or un certificated security, rights under an
instrument evidencing ownership of property issued by a
governmental agency and rights under a document of title
within the meaning of section 400.1201. RSMo;
(13) "Registration in beneficiary form", titling of an account
record, certificate. or other written instrument evidencing
ownership of property in the name of the owner followed by a
transfer on death direction and the designation of a
beneficiary;
(14) "Security", a certificated or un certificated security as
defined in section 400.8102, RSMo, including securities as
defined in section 409.401, RSMo;
(15) "Transfer on death direction", the phrase "transfer on
death to" or the phrase "pay on death to or the abbreviation
'TOO" or "POD" after the name of the owners and before the
deSignation of the beneficiary; and
(16) "Transferring enlity', a per30n who owes a debt or is
obligated to pay money or benefits, render contract
performance, deliver or convey property, or change the
record of ownerShip of property on the books. records and
accounts of an enterprise or on a certificate or document of
title that evidences property rights, and includes any
governmental agency, business entity or transfer agent that
issues certificates of ownership or title to property and a
person acting as a custodial agent for an owner's property.
HISTORY: L. 1989 H.B. 145 18, A.L. 1995 S.B. 116
NOTES:
'Word "a" appears here in original rolls.
461,009. Nonprobate transfers not subject to
requirements of a willeffect with or without
consideration
Nonprobate transfers are effective with or without
consideration, and are not to be considered testamentary or
subject to section 473.087, RSMo, (dealing with the
requirement to probate a will), and section 474.320, RSMo,
(dealing with will form, execution and attestation).
HISTORY: l. 1989 H.B. 145 19. A.L. 1995 S.9. 116
461.025. Deeds effective on death of owner
recording. effect
1. A deed that conveys an interest in real property to a
grantee designated by the owner, that expressly states that
the deed is not to take effect until the death of the owner,
transfers the interest provided to the designated grantee
beneficiary, effective on death of the owner, if the deed is
executed and filed of record with the recorder of deeds in the
city or county or counties in which the real property is
situated prior to the death of the owner. A beneficiary deed
need not be supported by consideration or be delivered to
the grantee beneficiary. A beneficiary deed may be used to
transfer an interest in real property to a trust estate,
regardless of such trust's revocability.
2. This section does not preclude other methods of
conveyancing that are permitted by law and that have the
effect of postponing enjoyment of an interest in real property
until the death of the owner. This section does not invalidate
any deed. otherwise effective by law to convey title to the
interest and estates therein provided. that is not recorded
until after the death of the owner.
HISTORY: L 1989 H.B. 145 25, A.L 1994 S.B. 701, A.L. 1995
S.9. 116
461.026. Procedure to transfer tangible personal
property to take effect on death of owner
1. A deed of gift, bill of sale or other writing intended to
transfer an interest in tangible personal property, that
expressly states that the transfer is not to take effect until the
death of the owner, transfers ownership to the designated
transferee benefiCiary, effective on death of the owner, if the
instrument is in other respects sufficient to transfer the type
of property involved and is executed by the owner and
acknowledged before a notary public or other person
authorized to administer oaths. A benefiCiary transfer
instrument need not be supported by consideration or be
delivered to any transferee benefiCiary.
2. This section does not preclude other methods of
transferring ownership of tangible personal property that are
permitted by law and that have the effect of postponing
enjoyment of property until the death of the owner.
HISTORY: L. 1995 S.B. 116
lS
461.027. Transferor may directly transfer property
to a transferee to hold as owner in beneficiary form
transferee shall be owner of property for all
purposesutransfer effective. when
1. A transferor of property, with or without consideration,
may directly transfer the property to a transferee to hold as
owner in benefiCiary form.
2. A transferee under an instrument described in subsection
1 of this section shall be the owner of the property for all
purposes and shall have all the rights to the property
otherwise provided by law to owners, including the right to
revoke or change the beneficiary deSignation.
3. A direct transfer of property to a transferee to hold as
owner in benefiCiary form is effective when the writing
perfecting the transfer becomes effective to make the
transferee the owner.
461.011. Transferring entity acting as agent for
owner subject to nontransfer law. agency does not
end with death of owner. duties
For the purpose of discharging its duties under the
non probate transfers Jaw. the authority of a transferring entity
acting as agent for an owner of property subject to a
nonprobate transfer shall not cease at death of the owner.
The transferring entity shall transfer the property to the
deSignated beneficiary in accordance with the governing
instrument, the rules of the transferring entity and sections
461.003 to 461.081.
461.012. Nonprobate transfers subject to
agreement of transferring entity. when
1. When any of the following is required, provision for a
non probate transfer is a matter of agreement between the
owner and the transferring entity, under such rules, terms
and conditions as the owner and transferring entity may
agree:
(1) SubmiSSion to the transferring entity of a beneficiary
designation under a governing instrument;
(2) Registration by a transferring entity of a transfer on
death direction on any certificate or record evidencing
ownership of property;
(3) The consent of a contract obligor for a transfer of
performance due under the contract;
(4) The consent of a financial institution for a transfer of an
obligation of the financial institution; or
(5) The consent of a transferring entity for a transfer of an
interest in the transferring entity.
2 Whenever subsection 1 of this section is applicable,
sections 461.003 to 461.081 do not impose an obligation on
a transferring entity to accept an owner's request to make
provision for a non probate transfer of property.
3. When a benefiCiary deSignation, revocation or change is
subject to acceptance by a transferring entity, the transferring
entity's acceptance of the benefiCiary deSignation, revocation
or change relates back to and is effective as of the time when
the request was received by the transferring entity.
HISTORY: l. 1989 H.B. 145 20, A.L. 1995 S.B. 116
461.014. Transferring entity. obligation resulting
from acceptance and registration
When a transferring entity accepts a benefiCiary
designation or beneficiary aSSignment. or registers property
in beneficiary form, the acceptance or registration constitutes
the agreement of the owner and transferring entity that.
14
unless the benefiCiary designation is revoked or changed
prior to the owner's death, on proof of death of the owner and
compliance with the transferring entity's requirements for
showing proof of entitlement, the property will be transferred
to and placed in the name and control of the beneficiary in
accordance with the benefiCiary designation or transfer on
death direction, the agreement of the parties and sections
461.003 to 461.081.
HISTORY: l. 1989 H.B. 145 21, A.L 1995 S.B. 116
461.021. Beneficiary designation under written
instrument or law, effect
A benefiCiary designation, under a written instrument or
law, that authorizes a transfer of property pursuant to a
written designation of beneficiary, transfers the right to
receive the property to the deSignated beneficiary who
survives, effective on death of the owner, if the beneficiary
designation is executed and delivered in proper form to the
transferring entity prior to the death of the owner.
HISTORY: L. 1989 H.B. 145 23. A.L 1995 S.B. 116
461.023. Assignments effective on death of
ownerdelivery. effect
1. A written aSSignment of a contract right thaI assigns the
right to receive any performance remaining due under the
contract to an assignee deSignated by the owner, that
expressly states that the assignment is not to take effect until
the death of the owner, transfers the right to receive
performance due under the contract to the deSignated
assignee beneficiary, effective on death of the owner, if the
assignment is executed and delivered in proper form to the
contract obligor prior to the death of the owner or is executed
in proper form and acknowledged before a notary public or
other person authorized to administer oaths. A beneficiary
assignment need not be supported by consideration or be
delivered to the assignee benefiCiary.
2. This section does nol preclude other methods of
assignment that are permitted by law and that have the effect
of postponing enjoyment of a contract right until the death of
the owner.
HISTORY: l. 1989 H.B. 145 24, A.l. 1995 S.B. 116
461.028. Registration of property, including
accounts and securities in beneficiary form, effect
1. Property may be held or registered in benefiCiary form by
including in the name in which the property is held or
registered a direction to transfer the property on death of the
owner to a benefiCiary designated by the owner.
2. Property is registered in benefiCiary form by showing on
the account record, security certificate or instrument
evidencing ownership of the property the name of the owner,
and the estate by which two or more joint owners hold the
property, followed in substance by the words "transfer on
death to .............. (name of beneficiary)". In lieu of the words
"transfer on death to" the words "pay on death to" or the
abbreviation "TOO" or "POD" may be used.
3. A transfer on death direction may only be placed on an
account record, security certificate or instrument evidencing
ownership of property by the transferring entity or a person
authorized by the transferring entity.
4. A transfer on death direction transfers the owner's interest
in the property to the designated beneficiary, effective on the
death. if the property is registered in beneficiary form
pnor to the death of the owner, or if the request to make the
transfer on death direction is delivered in proper form to the
transferring entity prior to the owner's death.
5. An account record, security certificate or instrument
evidencing ownership of property that contains a transfer on
death direction written as part of the name in which the
property is held or registered, is conclusive evidence in the
absence of fraUd, duress. undue influence or evidence of
clerical mistake by the transferring entity that the direction
was regularly made by the owner and accepted by the
transferring entity, and was not revoked or changed prior to
the. death giving rise to the transfer; and the transferring
entity shall.have no obligation to retain the original writing, if
by which the owner caused the property to be registered
In benefiCiary form. more than six months after the
transferring entity has mailed or delivered to the owner, at the
address shown on the registration, an account statement,
certificate or instrument that shows the manner in which the
property is held or registered in beneficiary form.
HISTORY: l. 1989 H.B. 145 26, A.L. 1995 S.B. 116
461.031. Effect of beneficiary designation on
ownership of property during lifetime and at death
1. Prior to the death of the owner. a beneficiary shall have
no r.ights. in the property by reason of the beneficiary
designation and the signature or agreement of the
benefiCiary shall not be required for any transaction
respecting the property.
16
2. On death of one of two or more joint owners, property with
respect to which a benefiCiary designation has been made
belongs to the surviving joint owner or owners, and the right
of survivorship continues as between two or more surviving
joint owners.
3. On death of the owner, property passes by operation of
law to the benefiCiary.
4. If two or more beneficiaries survive, there is no right of
survivorship among the beneficiaries in the event of death of
a benefiCiary thereafter unless the benefiCiary designation
expressly provides for survivorship among them, and, unless
so expressly provided, surviving beneficiaries hold their
separate interests in the property as tenants in common. The
share of any subsequently deceased beneficiary belongs to
that benefiCiary's estate.
5. If no beneficiary survives the owner, the property belongs
to the estate of the owner.
HISTORY: l. 1989 H.B. 145 27, A.l. 1995 S.B. 116
461.033. Revocation or change of beneficiaries
designation
1. A benefiCiary deSignation may be revoked or changed in
whole or in part during the lifetime of the owner. A revocation
?r change of a benefiCiary designation involving property of
JOint owners may only be made with the agreement of all
owners then living.
2. A subsequent benefiCiary designation revokes a prior
deSignation unless the subsequent beneficiary
deslgnalion expressly provides otherwise.
3. A or change in a benefiCiary deSignation shall
comply With the terms of the goveming instrument, the rules
of the transferring entity and the applicable law.
4. A may not be revoked or changed
by the prOVIsions of a will unless the beneficiary designation
expressly grants the owner the right to revoke or change a
beneficiary designation by will.
5. A transfer during the owner's lifetime of the owner's
interest in property, with or without consideration, terminates
the benefiCiary designation with respect to the property
transferred.
6. The effective date of a revocation or change in a
benefiCiary deSignation shall be determined in the same
manner as the effective date of a benefiCiary designation.
HISTORY: l. 1989 H.B. 145 28, A.l. 1995 S.B. 116
461.035. Agents may not make, revoke or change
beneficiary unless document establishes agent's
right or court order authorizesauthorized
withdrawals may extinguish beneficiary's right to
transfer
1. An attorney in fact. custodian, conservator or other agent
may not make, revoke or change a beneficiary designation
unless the document establishing the agent's right to act, or a
court order, expressly authorizes such action and such action
complies with the terms of the goveming instrument, the
rules of the transferring entity and applicable law.
2. This section shall not prohibit the authorized withdrawal,
sale, pledge or other present transfer of the property by an
attorney in fact, custodian, conservator or other agent
notwithstanding the fact that the effect of the transaction may
be to extinguish a beneficiary's right to receive a transfer of
the property at the death of the owner.
HISTORY: L 1995 S.8. 116
461.037. Property designated for a beneficiary if
lost. destroyed, damaged or involuntarily
converted, during owner's lifetime, effect
In the event property subject to a beneficiary designation is
lost, destroyed, damaged or involuntarily converted during
the owner's lifetime, the beneficiary succeeds to any right
with respect to the loss, destruction, damage or involuntary
conversion which the owner would have had if the owner had
survived, but has no interest in any payment or substitute
property received by the owner during the owner's lifetime.
HISTORY: L 1995 S.B. 116
461.039. Effect of collateral conveyances or liens
on property subject to non probate transfer
1. A beneficiary of a nonprobate transfer takes the owner's
interest in the property at death subject to all conveyances,
assignments, contracts, setoffs, licenses, easements, liens
and security interests made by the owner or to which the
owner was subject during the owner's lifetime.
2. A beneficiary of a nonprobate transfer of an account with a
bank, savings and loan association, credit union, broker or
mutual fund takes the owner's interest in the property at
death subject to all requests for payment of money issued by
the owner prior to death, whether paid by the transferring
entity before or after death, or unpaid. The beneficiary is
liable to the payee of an unsatisfied request for payment, to
the extent that it represents an obligation that was
17
enforceable against the owner during the owner's lifetime. To
the extent that a claim properly paid by the personal
representative of the owner's estate includes the amount of
an unsatisfied request for payment to the claimant. the
personal representative shall be subrogated to the rights of
the claimant as payee. Each beneficiary's liability with
respect to an unsatisfied request for payment is limited to the
same proportionate share of the request for payment as the
benefiCiary's proportionate share of the account under the
beneficiary designation. Beneficiaries shall have the right of
contribution among themselves with respect to requests for
payment which are satisfied after the owner's death, to the
extent the requests for payment would have been
enforceable by the payees. In no event shall a beneficiary'S
liability to payees, the owner's estate and other beneficiaries
under this section and section 461.300 with respect to all
requests for payment exceed the value of the account
received by the benefiCiary. If a request for payment which
would not have been enforceable under this section is
satisfied from a beneficiary'S share of the account, the
benefiCiary shall not be liable to any other payee or the
owner's estate under this section or section 461.300 for the
amount so paid, but the benefiCiary shall have no right of
contribution against other beneficiaries with respect to that
amount.
HISTORY: L 1989 H.B. 145 30, A.L 1995 S.B. 116
461.042. Survival required
1. An individual who is a beneficiary of a non probate
transfer shall not be entitled to a transfer unless the individual
survives the owner by one hundred twenty hours.
2. If an owner provides and the transferring entity accepts, or
if a goveming instrument or applicable law provides, a period
of survival different than one hundred twenty hours, the
period designated shall determine the survival requirement of
beneficiaries under this section. An owner and transferring
entity may agree that certain circumstances raise a different
presumption of survival or nonsurvival.
3. This section does not apply to survivorship rights of joint
owners.
HISTORY: L 1989 H.B. 145 31, A.L. 1995 S.B. 116
461.043. Beneficiary designation designating a
trustee under trust not invalid because trust is
amendable or revocabletrust that is revoked,
terminated or does not exist at death of owner,
effect
1. A beneficiary designation designating a trustee under a
trust established or to be established by the owner or some
other person, including a funded or unfunded trust, shall not
be invalid because the trust is amendable or revocable or
both or because the trust was amended after the designation.
2. Unless a beneficiary designation provides otherwise, a
trust that was revoked or terminated before the death of the
owner shall be deemed not to have survived the owner.
3. Unless a beneficiary designation provides otherwise, a
legal entity or trust that does not exist or come into existence
at the time of the owner's death shall be deemed not to have
survived the owner.
HISTORY: l. 1995 S.8. 116
461.045. Lineal descendant substitutes
1. Whenever a person designated as benefiCiary of a
nonprobate transfer is a lineal descendant of the owner, and
the beneficiary is deceased at the time the benefiCiary
designation is made or does not survive the owner, or is
treated as not surviving the owner, the nonsurviving
beneficiary's share shall belong to that benefiCiary's lineal
descendants per stirpes who survive the owner, to take in
place of and in substitution for the non surviving beneficiary,
the same as the beneficiary would have taken if the
beneficiary had survived. This subsection shall not apply (0 a
beneficiary designation with the notation "no LOPS after a
beneficiary's name or other words negating an intention to
direct the transfer to the lineal descendant substitutes of a
nonsurviving beneficiary.
2. A beneficiary designation may provide that the share of
any beneficiary not related to the owner as provided in
subsection 1 of this section, and who does not survive the
owner, shall belong to that beneficiary's lineal descendants
per stirpes who survive the owner, by including after the
name of the beneficiary the words "and tineal descendants
per stirpes' or the abbreviation LOPS.
3. Lineal descendants, taking as substitutes for a beneficiary
of a non probate transfer, if they are of the same degree of
kinship to the nonsurviving benefiCiary. share equally, but if
they are of unequal degree, then those of more remote
degree take the share of their parent by representation.
4. Whenever a nonprobate transfer is to be made to a
beneficiary's lineal descendants per stirpes, the property
shall belong to such lineal descendants of the beneficiary
18
who survive the owner, and in such proportions, as would
result if the survivors were inheriting personal property of the
beneficiary under the laws of Missouri and the beneficiary
had died at the time of the owner's death, intestate,
unmarried, domiciled in Missouri and possessed of such
property.
5. Whenever a beneficiary of a non probate transfer does not
survive the owner and the beneficiary is a person for whom
the beneficiary's surviving lineal descendants take as
substitutes under subsection 1 or 2 of this section, if there
are no lineal descendants of the beneficiary who survive the
owner, the beneficiary's share shall belong to the surviving
beneficiaries, or to the owners estate, as would be the case
if transfer to the beneficiary's lineal descendants were not
required to be considered.
HISTORY: l. 1989 H.B. 145 32, A.L. 1995 S.B. 116
461.048. Disclaimer
If a beneficiary of a non probate transfer disclaims in whole
or in part the nonprobate transfer in the manner provided by
law, then with respect to the disclaimed transfer, the
disclaimant is treated as having predeceased the owner
unless the beneficiary designation provides otherwise; but
the possibility that a benefiCiary or descendant may disclaim
a transfer shall not require any transferring entity to withhold
making the transfer in the normal course of business.
HISTORY: l. 1989 H.B. 145 33, A.l. 1995 S.8. 116
461.051. Marriage dissolution or annulment
revocation of transfer to former spouse or relative
of spouse, exception .. remarriage to spouse,
nullification of annulment, effect, relative of the
owner's spouse, defined
1. If, after an owner makes a beneficiary designation, the
owner's marriage is dissolved or annulled, any provision of
the beneficiary deSignation in favor of the owner's former
spouse or a relative of the owner's former spouse is revoked
on the date the marriage is dissolved or annul/ed. whether or
not the beneficiary designation refers to marital status. The
beneficiary designation shall be given effect as if the former
spouse or relative of the former spouse had disclaimed the
revoked provision.
2. Subsection 1 of this section does not apply to a provision
of a beneficiary designation that has been made irrevocable.
or revocable only with the spouse's consent, or that is made
after the marriage was dissolved, or that expressly states that
marriage dissolution shall not affect the designation of a
spouse or relative of a spouse as benefiCiary.
3. Any prOvision of a beneficiary designation revoked solely
by this section is revived by the owner's remarriage to the
former spouse or by a nullification of the marriage dissolution
or annulment
4. In this section, "a relative of the owner's former spouse"
means an individual who is related to the owner's former
spouse by blood. adoption or affinity and who, after the
divorce or annulment, is not related to the owner by blood,
adoption onffmity.
HISTORY: L 1989 H.B. 145 34, A.L 1995 S.B. 116
461.054. 'Disqualification for fraud, duress and
undue influence and causing owner's death ..
proceedi'lit.g to determine disqualification
1. A designation or a revocation of a benefiCiary
designatiOlil is procured by fraud, duress or undue
influence is WlDid.
2. A beneflCimywho willfully and unlawfully causes or
participates \WHIt another in causing the death of the owner,
or the inslilJStliiadivid ual under a life insurance policy or
ce rtificate" iis c(iisqualified from receiving any benefit of a
:trSJSfer from the owner or any proceeds payable
as a resuU(Df:the:death of an individual insured under a life
insurance;milirlor certificate. The beneficiary designation
shall be givend'ect as if the disqualified beneficiary had
disclaimed it.1ltIe fact that a benefiCiary willfully and
unlawfully.caused or participated with another in causing the
death of tI1.eCOYotEf may be established by a criminal
convicfum((JrWJilY plea, after the right of direct appeal has
been eihauStml or determined in a proceeding pursuant to
19
subsection 3 of this section using a preponderance of the
evidence standard.
3. On petition of any interested person or the transferring
entity, the trier of fact shall determine whether a benefiCiary
designation or a revocation of a beneficiary deSignation is
void by reason of subsection 1 of this section or whether
subsection 2 of this section applies to prevent any person
from receiving an y benefit of the non probate transfer. The
trier of fact may mitigate the effect of subsection 1 or 2 on
any person as the trier of fact determines justice requires.
Any party may demand a jury trial.
HISTORY: l. 1989 H.B. 145 35, A.L. 1995 S.B. 116
(1998) Statute does not provide for reformation of benefiCiary
deed due to unilateral mistake. Groh v. Ballard, 965 SW,2d 872
(Mo.App. W.O.)
461.059. Omitted spouse or child, probate rules
do not apply .. after-born child or after-adopted
child, effect on non probate transfers
1. No law intended to protect a spouse or child from
unintentional disinheritance by the will of a testator shall
apply to a non probate transfer.
2. A beneficiary designation designating the children of the
owner or any other person as a class and not by name shall
include all children of the person, whether born or adopted
before or after the beneficiary designation is made.
3. If a beneficiary designation names an individual who is a
child of the owner, and if the owner has a child born or
adopted after the owner makes the benefiCiary designation,
the after-born or after-adopted child shall be entitled to
receive a fractional share of any property otherwise
transferable to any child of the owner who is named in the
beneficiary designation, computed as follows: the numerator
of the fraction shall be one, and the denominator shall be the
total number of the owner's children, whether born or
adopted before or after the benefiCiary designation was made
and whether named or not in the beneficiary designation. The
property otherwise transferable to the owner's children
named in the beneficiary designation shall be reduced in the
proportion that their shares bear to each other. If there is no
share designated for any child of the owner an after-born or
after-adopted child shall receive no share of the property
subject to the non probate transfer.
4. A beneficiary designation, a governing instrument or the
rules of any transferring entity may provide that the after-born
child rule does not apply, in which case after-born and after-
adopted children of the owner shall receive no share of
property deSignated for named children of the owner.
5. A transferring entity shali have no obligation to apply
subsection 3 of this section in making distribution with
respect to property registered in benefiCiary form. This
exception for the transferring entity shall not affect the
ownership interest of the after-born or after-adopted child.
HISTORY: l. 1989 H.B. 145 36, A.L. 1995 S.B. 116
20
461.062. Nonprobate transfer rules
1. The rights and obligations of the owner, beneficiary and
transferring entity shall be governed by the nonprobate
transfers law of Missouri.
2. When provision for a nonprobate transfer is a matter of
. agreement between the owner and the transferring entity
pursuant to section 461.012, a transferring entity may adopt
rules for the making, revocation, acceptance and execution
of beneficiary designations and a transferring entity may
adopt the rules in subdivisions (1) to (15) of subsection 3 of
this section in whole or in part by incorporation by reference.
3. The following rules in subdivisions (1) to (15) of this
subsection shall apply to all benefiCiary deSignations except
as otherwise provided by any governing instrument, the rules
of any transferring entity, applicable law or the beneficiary
designation:
(1) A beneficiary designation or a request for registration of
property in beneficiary form shall be made in writing, signed
by the owner and dated, except as provided in subdivision (2)
of this subsection;
(2) A security that is not presently registered in the name of
the owner may be registered in benefiCiary form on
instructions given by a broker or a person delivering the
security;
(3) A beneficiary designation may designate one or more
primary beneficiaries and one or more contingent
benefiCiaries;
(4) On property registered in benefiCiary form, primary
beneficiaries are the persons shown immediately following
the transfer on death direction. Words indicating that the
persons shown are primary beneficiaries are not required. If
contingent beneficiaries are deSignated, their names in the
registration shall be preceded by the words 'contingent
beneficiaries', or an abbreviation thereof, or words of similar
meaning;
(5) Unless a different percentage or fractional share is
stated for each beneficiary, surviving multiple primary
beneficiaries or multiple contingent beneficiaries share
equally .. When a percentage or fractional share is designated
for multiple beneficiaries, either primary or contingent,
surviving beneficiaries share in the proportion that their
deSignated shares bear to each other;
(6) Provision for a transfer of unequal shares to multiple
benefiCiaries for property registered in beneficiary form may
be expressed in the registration by a number preceding the
name of each benefiCiary that represents a percentage share
of the property to be transferred to that beneficiary. The
number representing a percentage share need not be
followed by the word percent or a percent sign;
. (7) A non probate transfer of property also transfers any
Interest, rent, royalties, earnings, dividends or credits earned
or declared on the property, but not paid or credited before
the owner's death;
(8) If a distribution by a transferring entity pursuant to a
non probate transfer results in fractional shares in a security
or other property that is not divisible, the transferring entity
may distribute the fractional shares in the name of all
beneficiaries as tenants in common or as the beneficiaries
may direct, or the transferring entity may sell the property,
that is not divisible and distribute the proceeds to the
beneficiaries in the proportions to which they are entitled;
(9) On death of the owner, the property, less a setoff for all
amounts and charges owing by the owner to the transfening
entity, shall belong to the surviving beneficiaries, and their
lineal descendants when required as substitutes, as follows:
(a) If a multiple primary beneficiary does not survive and
has no surviving lineal descendant substitutes, the
nonsurviving primary benefiCiary's share shall belong to the
surviving primary benefiCiaries in the proportion that their
shares bear to each other;
(b) If no primary benefiCiary or lineal descendant
substitute survives. the property shall belong to the surviving
contingent beneficiaries in equal shares or in the percentage
or fractional share stated;
(c) If a multiple contingent beneficiary does not survive
and has no lineal descendant substitutes, the nonsurviving
contingent benefiCiary's share shall belong to the surviving
contingent beneficiaries in the proportion that their shares
bear to each other;
(d) If no beneficiary survives the owner, the property shall
belong to the owner's estate;
(10) If a trustee designated as a benefiCiary does not
survive the owner, resigns or is unable or unwilling to
execute the trust as trustee, and, if within one year of the
owner's death no successor trustee has been appOinted or
has undertaken to act, or if a trustee is deSignated as
benefiCiary and no trust instrument or probated will creating
an express trust has been presented to the transferring
entity, the transferring entity may in its discretion make the
distribution as it would be made if the trust did not survive the
owner;
(11) If, within six months of the owner's death, the
transferring entity has not been presented evidence that a
nonsurviving beneficiary for whom LOPS distribution applies
had lineal descendants who survived the owner, the
transferring entity may in its discretion make the transfer as if
the beneficiary's descendants, if any, did not survive the
owner;
(12) If a benefiCiary cannot be located at the time the
transfer is made to located beneficiaries, the transferring
entity shall hold the missing beneficiary's share. If the
missing beneficiary's share is not claimed by the beneficiary
or the beneficiary'S personal representative or successors
within one year of the owner's death, the transferring entity
shall transfer the share as if the beneficiary did not survive
the owner. The transferring entity shall have no obligation to
attempt to locate a missing benefiCiary, to pay interest on the
share held for a missing benefiCiary or to invest the missing
21
beneficiary's share in any different property. Cash, interest,
rent, royalties, earnings or dividends payable to the missing
beneficiary may be held by the transferring entity at interest
or reinvested by the transferring entity in the account or in a
dividend reinvestment account associated with a security
held for the missing beneficiary;
(13) If a transfening entity is required to make a
nonprobate transfer to a minor or a disabled adult the
transfer may be made pursuant to the Missouri transfers to
minors law, chapter 404, RSMo, the Missouri personal
custodian law, chapter 404, RSMo, or a similar law of
another state;
(14) A written request for execution of a nonprobate
transfer may be made by any beneficiary, a beneficiary's
legal representative or attorney in fact, or the owner's
personal representative. The request shall be under oath or
affirmation, subscribed before a notary public or other person
authorized to administer oaths, and shall include the
following:
(a) The full name, address and tax identification number
of each beneficiary;
(b) The percentage or fractional share to be distributed to
each beneficiary;
(c) The manner in which percentage or fractional shares
in nondivisible property or the proceeds therefrom are to be
distributed;
(d) A statement that there are no known disputes as to
the persons entitled to a distribution under the non probate
transfer or the amounts to be distributed to each person, and
no known claims that would affect the distribution requested;
(e) Such other information as the transferring entity may
require;
(15) A written request pursuant to subdivision (14) of this
subsection shall be accompanied by the following:
(a) Any certificate or instrument evidencing ownership of
the contract, account, security or property;
(b) Proof of death of the owner and any nonsurviving
beneficiary;
(c) An inheritance tax waiver from states that require it;
(d) Where the request is made by a legal representative,
a certified copy of the court order appointing the legal
representative; and
(e) Such other proof of entitlement as the transferring
entity may require.
HISTORY: L 1989 H.B. 145 37, A.L 1995 S.B. 116
461.065. Transferring entity, protection
1. The owner in making provision for a nonprobate transfer
under sections 461.003 to 461.081 gives to the transferring
entity the protections provided in this section for executing
the owner's beneficiary designation.
2. The transferring entity may execute a nonprobate transfer
with or without a written request.
3. The transferring entity may rely and act on: .
(1) A certified or authenticated copy of a death certificate
issued by an official or agency of the place where the death
occurred as showing the fact, place, date, time of death and
the identity of the decedent; or
(2) A certified or authenticated copy of any report or record
of a governmental agency, domestic or foreign, that a person
is missing, detained, dead or alive and the dates,
circumstances and places disclosed by the record or report.
4. The transferring entity may rely and act on, and shall have
no duty to verify, information in a written reque.st made by
person speCified in subdivision (14) of subsection 3 of section
461.062, under oath or affirmation, subscribed before a
notary public or other person authorized to administer oaths,
for execution of the benefiCiary designation.
5. The transferring entity shall have no duty:
(1) To give notice to any person of the date, manner an.d
persons to whom transfer will be made under the benefiCiary
deSignation, except as provided in subsection 6 of this
section;
(2) To attempt to locate any beneficiary or lineal
descendant substitute, or determine whether a non surviving
beneficiary or descendant had lineal descendants who
survived the owner;
(3) To locate a trustee or custodian, obtain apPOintment of
a successor trustee or custodian, or discover the existence of
a trust instrument or will that creates an express trust; or
(4) To determine any fact or law that would cause the
benefiCiary deSignation to be revoked in whole or in part as to
any person because of change in marital status or other
reason, or that would qualify or disqualify any person to
receive a share under the nonprobate transfer, or that would
vary the distribution provided in the beneficiary
6. (1) The transferring entity shall have no duty to Withhold
making a transfer based on knowledge of any fact or claim
adverse to the transfer to be made unless, prior to the
transfer, the transferring entity has received written notice at
a place and time and in a manner which affords a reasonable
opportunity to act on it before the transfer is made, that:
(a) Asserts a claim of beneficial interest in the transfer
adverse to the transfer to be made;
(b) Gives the name of the claimant and an address for
communications directed to the claimant;
22
(c) Identifies the deceased owner and the property to
which the claim applies; and
(d) States the amount and nature of the claim as it affects
the transfer.
(2) If a notice as provided in (1). of this
subsection is received by the transfemng entity, the
transferring entity may discharge duty to by
delivering a notice or sending a notice by certifie? mall to the
claimant at the address given in the notice of claim advlsmg
that a transfer adverse to the claimant's asserted claim may
be made in thirty days from the date of delivery or mailing
unless the transfer is restrained by a court order. If the
transferring entity so delivers or mails such a notice it shall
withhold making the transfer for thirty days after the date of
delivery or mailing and may then make the transfer unless
restrained by a court order.
(3) No other notice or other information shown to have
been available to the transferring entity, its transfer agent and
their employees, shall affect the right to the protections
provided in sections 461.003 to 461.081. . ..
7. The transferring entity shall have no responSibility for the
application or use of property transferred to a fiduciary which
the fiduciary as such is entitled to receive.
8. Notwithstanding the protections provided the transferring
entity in sections 461.003 to 461.081, in the event the
transferring entity is uncertain as to the beneficiary entitled to
receive a transfer or the beneficiary's proper share, or in the
event of a dispute as to the proper transfer, the transferring
entity may require the parties to adjudicate their respective
rights or to furnish an indemnity bond protecting the
transferring entity.
9. A transfer by the transferring entity in accordance with
sections 461.003 to 461.081 and pursuant to the beneficiary
deSignation in good faith and in reliance on information the
transferring entity reasonably believes to be accurate,
discharges the transferring entity from all claims for the
amounts paid and the property transferred.
10. The protections provided a transferring entity in sections
461.003 to 461.081 are in addition to protections provided by
chapters 400, 403, 404 and 456, RSMo.
HISTORY: L. 1989 H.B. 145 38, A.L. 1995 S.B. 116
461.067. Rights of owners and beneficiaries
improper distribution, liability of distributee
purchasers from distributee protected
1. Any protection provided to a transferring entity or to a
purchaser or lender for value under sections 461.003 to
461.081 shaff have no bearing on the rights of beneficiaries
or others in disputes among themselves concerning the
ownership of the property.
2. Unless the payment or transfer can no longer be
questioned because of adjudication, estoppel or limitations, a
transferee of money or property pursuant to a non probate
transfer that was improperly distributed or paid, is liable to
retum to the transferring entity or deliver to the rightful
transferees the money or property improperly received and
the income earned thereon by the transferee. If the
transferee does not have the property, then the transferee is
liable to return the value of the property as of the date of
disposition, and the income and gain received by the
transferee from the property and its proceeds. If the
transferee has encumbered the property, the transferee shaff
satisfy any debt incurred that imposes an encumbrance on
the property, sufficient to release any security interest, lien or
other encumbrance on the property.
3. A purchaser for value of property or a lender who acquires
a security interest in the property from a beneficiary of a
nonprobate transfer after the death of the owner, in good
faith, takes the property free of any claims of or liability to the
owner's estate, creditors of the owner's estate, persons
claiming rights as beneficiaries under the non probate transfer
or heirs of the owner's estate, in absence of actual
knowledge that the transfer was improper or that the
information in an affidavit, if any, provided pursuant to
subdivision (14) of subsection 3 of section 461.062 is not
true: and, a purchaser or lender for value shaff have no duty
to verify sworn information relating to the nonprobate
transfer. The protection provided by this subsection applies
to information that relates to the ownership interest of the
benefiCiary in the property and the benefiCiary's right to seff,
encumber and transfer good title to a purchaser or lender
and does not relieve a purchaser or lender from the notice
imparted by instruments of record respecting the property.
4. A non probate transfer that is improper because of the
application of sections 461.045 to 461.059 shaff impose no
liability on the transferring entity if made honestly in good
faith, regardless of any negligence in determining the proper
transferees. The remedy of the rightful transferees shall be
limited to an action against the improper transferees.
HISTORY: L. 1989 H.B. 145 39, A.L. 1995 S.B. 116
23
461.071. Rights of creditors
A deceased owner's creditors, surviving spouse and
unmarried minor children shaff have the rights set forth in
section 461.300 with respect to the value of property passing
by nonprobate transfer.
HISTORY: L. 1989 H.B. 145 40. A.L. 19955.8. 116
461.073. Scope and application of law
1. Subject to the provisions of section 461.079, sections
461.003 to 451.081 apply to a nonprobate transfer on death if
at the time the owner designated the beneficiary:
(1) The owner was a resident of this state;
(2) The obligation to payor deliver arose in this state or the
property was situated in this state; or
(3) The transferring entity was a resident of this state or
had a place of business in this state or the obligation to make
the transfer was accepted in this state.
2. The direction for a non probate transfer on death of the
owner and the obligation to execute the non probate transfer
remain subject to the provisions of sections 461.003 to
461.081 despite a subsequent change in the benefiCiary, in
the rules of the transferring entity under which the transfer is
to be executed, in the residence of the owner, in the
residence or place of business of the transferring entity or in
the location of the property.
3. Sections 461.003 to 461.045 and 461.059 to 461.065 do
not apply to accounts or depOSits in financial institutions
unless the provisions of sections 461.003 to 461.081 are
incorporated into the certificate, account or deposit
agreement in whole or in part by express reference.
4. Sections 461.003 to 461.081 apply to transfer on death
directions given to a personal custodian under the Missouri
personal custodian law to the extent that they do not conflict
with section 404.560, RSMo.
not apply to certificates of ownership or title issued by the
director of revenue.
6. Sections 461.003 to 461.045. 461.051 and 461.059 to
461.081 do not apply to property, money or benefits paid or
transferred at death pursuant to a life or accidental death
insurance policy, annUity, contract, plan or other product sold
or i s s u ~ d by a life insurance company unless the provisions
of sectIons 461.003 to 461.081 are incorporated into the
policy or beneficiary designation in whole or in part by
express reference.
~ o t apply to any non probate transfer where the governing
Instrument or law expressly provides that the nonprobate
transfers law of Missouri shaff not apply.
8. Section 461.051 shall not apply to any employee benefit
plan governed by 29 U.S.C. Section 1001 et seq.
HISTORY: L.1989 H.B. 145 41, A.L. 1995 S.B. 116, A.L. 2001
H.B.644 merged with S.B. 227)
461.076. Jurisdiction of probate division of circuit
court
The probate division of the circuit court may hear and
determine questions and issue appropriate orders conceming
, the determination of the beneficiary who is entitled to receive
a nonprobate transfer, the proper share of each beneficiary
and any action to obtain the retum of any money or property,
or its value and eamings, improperly distributed to any
person,
HISTORY: L 1989 H.B. 145 42. A,L 1995 S.B. 116
461.079. Beneficiary designation valid under law
of another state enforceable in Missouri--effect of
transfer determined by local law selected in
document or deSignation
1. A beneficiary designation that purports to have been
made and which is valid under the Uniform Probate Code.
Uniform TOO Security Registration Law or similar law of
another state is govemed by the law of that state and the
nonprobate transfer may be executed and enforced in this
state.
2 The meaning and legal effect of a nonprobate transfer
shall be determined by the local law of the particular state
selected in a governing instrument or beneficiary designation.
3. The provisions of this chapter shall be applied and
construed to effectuate their general purpose to make
uniform the law with respect to the subject of this chapter
among states enacting a similar law.
HISTORY: L. 1995 S.8. 116
24
461.081. Nonprobate transfer laws to be effective
when--prior transfers to be valid
1. Sections 461.003 to 461.081 shall apply to beneficiary
designations for nonprobate transfers made on and after
August 28,1989. Sections 461.003 to 461.081 shall apply to
all non probate transfers occurring on and after January 1.
1990.
2, Any provision for a nonprobate transfer of money, benefits
or property at death as now permitted in sections 461.003 to
461.081, purported to have been made before August 28,
1989, is validated notwithstanding that there was no specific
statutory authority for making the non probate transfer in that
manner at the time provision for the non probate transfer was
made.
HISTORY L 1989 H.B. 145 43
461.300. Nonprobate beneficiaries to pay, pro
rata share of all property received, to personal
representative to cover statutory allowances and
claims due estate, enforced by action for
accounting, time limitation--action affect on
transferring entity
1. Each beneficiary who receives a non probate transfer of
a decedent's property under sections 461.003 to 461.081 and
each person who receives other property by a transfer other
than from the administration of the decedent's probate estate
that was subject to satisfaction of the decedent's debts
immediately prior to the decedent's death, but only to the
extent of the decedent's contribution to the value of such
other property. shall be liable to account to the decedent's
personal representative for a pro rata share of the value of all
such property received, to the extent necessary to discharge
the statutory allowances to the surviving spouse and
unmarried minor children, and claims, remaining unpaid after
application of the decedent's estate, including expenses of
administration and costs as provided in subsection 3 of this
section, and including estate or inheritance or other transfer
taxes imposed by reason of the decedent's death only where
payment of those taxes is a prerequisite to satisfying unpaid
claims which have a lower level of priority. No proceeding
may be brought under this section when the deficiency
described in this subsection is solely attributable to costs and
expenses of administration.
2 The obligation of a beneficiary of a non probate transfer or
other recipient of property under subsection 1 of this section
may be enforced by an action for accounting commenced
within eighteen months following the decedent's death by the
decedent's personal representative, a creditor of the
decedent's estate, the decedent's surviving spouse or one
acting for an unmarried minor child of the decedent. but no
action for accounting under this section shall be commenced
by any person unless the personal representative has
received a written demand therefor by a creditor, surviving
spouse or one acting for an unmarried minor child of the
decedent. Sums recovered in an action for accounting under
this section shall be administered by the personal
representative as part of the decedent's estate except as
provided in subsection 3 of this section.
3. The judgment in a proceeding authorized by this section
shall take into account the expenses of administration of the
estate including the cost of administering the additional
assets obtained in the proceeding, and the costs of the
proceeding to the extent authorized by this subsection. If the
proceeding is commenced by a person other than the
personal representative, the court may order the costs of the
proceeding, other than attorney fees, to be charged against
the amounts recovered and recoverable as a result of the
proceeding. If the proceeding is commenced by the personal
representative, the court may order the costs of the
25
proceeding, including attorney fees, to be treated as
expenses of administration of the estate.
4. After an action for accounting has been commenced under
this section, any party to the proceeding may join and bring
into the action for accounting other persons who are liable to
account to the decedent's personal representative under
subsection 1 of this section.
5. This section shall not affect the right of any transferring
entity. as defined in section 461.005, to execute a direction of
the decedent to make a payment or to make a nonprobate
transfer or other transfer described in subsection 1 of this
section on death of the decedent, or make the transferring
entity liable to the decedent's estate, unless before the
payment or transfer is made the transferring entity has been
served with process in a proceeding brought under this
section and the transferring entity has had a reasonable time
to act on it.
6. This section does not create a lien on any property that is
the subject of a non probate transfer or other property not
subject to probate administration, except as a lien may be
perfected by way of attachment, garnishment or judgment in
an accounting proceeding authorized by this section.
7. An action for accounting under this section may be filed in
the probate division of the circuit court, and the probate
division of the circuit court may hear and determine questions
and issue appropriate orders in an action for accounting
under this section.
8. The recipient of any property held in trust that was subject
to the satisfaction of the decedent's debts immediately prior
to the decedent's death, and the recipient of any property
held in joint tenancy with right of survivorship that was
subject to the satisfaction of the decedent's debts
immediately prior to the decedent's death, are subject to this
section, but only to the extent of the decedent's contribution
to the value of the property.
9. This section shall apply to all actions commenced after
August 28, 1995, except that with respect to decedents dying
prior to August 28,1995, an action for accounting under this
section may be commenced within two years following the
decedent's death.
CROSS REFERENCES: Bank or trust companies pay-on-death
accounts, form, effect. payment, RSMo 362.471
Motor vehicles and trailers, certificates of ownership, non probate
transfers on death, form, procedure, RSMo 301.679 to 301.684
CHAPTER 471 UNIFORM SIMULTANEOUS
DEATH LAW
471.010. No sufficient evidence of survivorship
Where the title to property or the devolution thereof
depends upon priority of death and there is no sufficient
evidence that the persons have died otherwise than
simultaneously, as determined by a court of competent
jurisdiction, the property of each person shall be disposed of
as if he had survived, except as provided otherwise in this
law.
HISTORY: L. 1947 V. I p. 13 1
(1961) Evidence justified finding that wife survived husband.
Schmidt v. Pierce (Mo.). 344 S,W,2d 120.
471,020. Survival of beneficiaries
If property is so disposed of that the right of a beneficiary to
succeed to any interest therein is conditional upon his
surviving another person, and both persons die, and there is
no sufficient evidence that the two have died otherwise than
simultaneously, the beneficiary shall be deemed not to have
survived. If there is no sufficient evidence that two or more
beneficiaries have died otherwise than simultaneously and
property has been disposed of in such a way that at the time
of their death each of such beneficiaries would have been
entitled to the property if he had survived the others, the
property shall be divided into as many equal portions as
there were such beneficiaries and these portions shall be
distributed respectively to those who would have taken in the
event that each of such beneficiaries had survived.
HISTORY: L. 1947 V. I p. 13 3, A.L. 1959 S.B. 120
471.030. Joint tenants or tenants by entirety
Where there is no sufficient evidence that two joint tenants
or tenants by the entirety have died otherwise than
simultaneously the property so held shall be distributed one-
half as if one had survived and one-half as if the other had
survived. If there are more than two joint tenants and all of
them have so died the property thus distributed shall be in
the proportion that one bears to the whole number of jOint
tenants. The term 'joint tenants' includes owners of property
held under circumstances which entitled one or more to the
whole of the property on the death of the other or others.
26
HISTORY: L. 1947 V. I p. 13 3, A.L. 1959 S.B. 120
471.040. Insurance policies
Where the insured and the beneficiary in a policy of life or
accident insurance have died and there is no sufficient
evidence that they have died otherwise than simultaneously
the proceeds of the policy shall be distributed as if the
insured had survived the benefiCiary.
HISTORY: L. 1947 V.I p. 13 4, A.L. 1959 S.B. 120
(1963) Evidence sufficient to support finding that benefiCiary
survived insured after both were fatally injured in same automobile
accident. Prudential Ins. Co. of America v. Sutton (A.), 368 S,W,2d
522.
471.050. Law not retroactive
This law shall not apply to the distrioution of the property of
a person who has died before it takes effect.
HISTORY: L. 1947 V.I p. 13 5
471.060, Law does not apply if decedent provides
otherwise
This law shall not apply in the case of wills, living trusts,
deeds or contracts of insurance or any oiher situation where
provision is made for distribution of property different from
the provisions of this law, or where provision is made for a
presumption as to survivorship which results in a distribution
of property different from that here provided.
HISTORY: L. 1947 V.I p. 13 6, A.L. 1959 S.B. 120
471.070. Uniformity of interpretation
This law shall be so construed and interpreted as to
effectuate its general purpose to make uniform the law in
those states which enact it.
HISTORY: L. 1947 V. I p. 13 7
471.080. Short title
This law may be cited as "The Uniform Simultaneous Death
Law"
HISTORY: L. 1947 V. I p. 13 8
CHAPTER 472 PROBATE CODE-GENERAL
PROVISIONS
472.005. Application, when effect on pending
proceedings and rights
This act" shall apply to the estates of persons whose
deaths occur on or after January 1, 1981. The procedures
herein prescribed shall govern all proceedings in probate
then pending, except to the extent that, in the opinion of the
court, their application in particular proceedings or parts
thereof would not be feasible or would work injustice, in
which event the former procedure shall apply. No act done in
any proceeding commenced before January 1, 1981. and no
accrued right shall be impaired by its provisions. When a
right is acquired, extinguished or barred upon the expiration
of a prescribed period of time which has commenced to run
by the provision of any statute in force before this act" takes
effect. such provision shall remain in force and be deemed a
part of the probate code with respect to such right except as
otherwise provided therein.
HISTORY: L 1980 SB. 637
NOTES:
EFFECTIVE Effective 11-81
'This act was known as the 'Probate Code'. which includes
chapters 472, 473 and 474, RSMo.
CROSS REFERENCES: Administration of decedents' estates.
Chap. 473. RSMo
Cattle. female. sale by estate. brucellosis vaccination law special
provisions. RSMo 267.555
Deaf persons. auxiliary services and aids. RSMo 476.750
Disclaimers of property, Chap. 469. RSMo
Durable power of attomey, RSMo 404.700 to 404.735
Guardian and ward, Chap. 475, RSMo
Intestate succession and wills, Chap. 474, RSMo
Nonprobate transfers. RSMo 461.003 to 461.081
27
When used in this code. unless otherwise apparent from
the context:
(1) "Administrator" includes any administrator de bonis non,
administrator cum testamento annexo, administrator ad litem
and administrator during absence or minority;
(2) "Child" includes an adopted child and a child born out of
wedlock, but does not include a grandchild or other more
remote descendants;
(3) "Claims" include liabilities of the decedent which survive
whether arising in contract, tort or otherwise, funeral
expenses, the expense of a tombstone, and costs and
expenses of administration;
(4) "Clerk" means clerk of the probate division of the circuit
court;
(5) "Code" or "probate code" means chapters 472, 473,
474 and 475, RSMo;
(6) "Court" or "probate court" means the probate division of
the circuit court;
(7) "Devise", when used as a noun, means a testamentary
disposition of real or personal property or both; when used as
a verb it means to dispose of real or personal property or
both by will;
(8) "Devisee" includes legatee;
(9) "Distributee" denotes those persons who are entitled to
the real and personal property of a decedent under his will,
under the statutes of intestate succession or who take as
surviving spouse under section 474.160, RSMo. upon
election to take against the will;
(10) "Domicile" means the place in which a person has
voluntarily fixed his abode, not for a mere special or
temporary purpose. but with a present intention of remaining
there permanentiy or for an indefinite time;
(11) "Estate" means the real and personal property of the
decedent or ward. as from time to time changed in form by
sale, reinvestment or otherwise, and augmented by any
accretions and additions thereto and substitutions therefor,
and diminished by any decreases and distributions
therefrom;
(12) "Exempt property" means that property of a decedent's
estate which is not subject to be applied to the paymE-' ~ t
claims, charges, legaCies or bequests as described i ~ ~ . ' ::ion
474.250, RSMo;
(13) "Fiduciary" includes executor, administrator, guardian,
conservator, and trustee;
(14) "Heirs' means those persons, including the surviving
spouse, who are entitled under the statutes of intestate
succession to the real and personal property of a decedent
on his death intestate;
(15) "Interested persons" mean heirs, devisees, spouses,
creditors or any others having a property right or claim
against the estate of a decedent being administered and
includes children of a protectee who may have a property
right or claim against or an interest in the estate of a
protectee. This meaning may vary at different stages and
different parts of a proceeding and must be determined
according to the particular purpose and matter involved;
(16) "Issue" of a person, when used to refer to persons who
take by intestate succession, includes adopted children and
all lawful lineal descendants, except those who are the lineal
descendants of living lineal descendants of the intestate;
(17) "Lease" includes an oil and gas lease or other mineral
lease, but does not include month-to-month or year-to-year
tenancies under oral contracts;
(18) "Legacy" means a testamentary disposition of
personal property;
(19) "Legatee" means a person entiUed to personal
property under a will;
(20) "Letters" include letters testamentary, letters of
administration and letters of guardianship;
(21) "Lien" includes all liens except general jUdgment,
execution and attachment liens;
(22) "Lineal descendants" include adopted children and
their descendants;
(23) "Mortgage" includes deed of trust, vendor's lien and
chattel mortgage;
(24) 'Person" includes natural persons and corporations;
(25) Personal property" includes interests in goods,
money, choses in action, evidences of debt, shares of
corporate stock, and chattels real;
(26) "Personal representative" means executor or
administrator. It includes an administrator with the will
annexed, an administrator de bonis non, an administrator
pending contest, an administrator during minority or absence,
and any other type of administrator of the estate of a
decedent whose appointment is permitted. It does not include
an executor de son tort;
(27) 'Property" includes both real and personal property;
(28) "Real property" includes estates and interests in land,
corporeal or incorporeal, legal or equitable, other than
chattels real;
(29) "Registered mail" includes "certified mail" as defined
and certified under regulations of the United States Postal
Service;
(30) 'Will' includes codicil; it also includes a testamentary
instrument which merely appoints an executor and a
testamentary instrument which merely revokes or revives
another will.
(1955) Will construed and words "descendants of a deceased
child of testator held to include an adopted child of testator's
deceased son. Hayes v. 51. Louis Union Trust Co. (Mo.), 280
5.W.2d649.
(1958) Devise of undivided one-half interest in realty to testator's
son for life and at his death to his children absolutely but if he
should die without issue living then to other son for life and at his
death to other son's 'heirs at law' was construed according to
statute of descent and distribution in effect when second life tenant
died rather than statute in effect at execution of will and testator's
death and thus widow of second life tenant took one-half of the
28
undivided one-half interest against contention that testator indicated
intent that land go to his descendants. Thomas v. Higginbotham
(Mo.), 318 SW2d 234.
(1959) Evidence held to establish domicile in state of Louisiana by
prior resident of this state who had died, for the purpose of
determining where his estate should be dispersed. In re Toler's
Estate (Mo.), 325 SW2d 755.
(1965) As used in subsection 2 of 475.320, the word 'debts' is
the substantial equivalent of 'claims, which is defined in this
section, subdivision (4), as including liabilities of the decedent which
survive whether arising in contract or in tort or otherwise, funeral
expenses, the expense of a tombstone and costs, and expenses of
administrator. State v. Hollenbeck (A.), 394 SW2d 82.
(1974) Provision in will that executor gave to pastor of a named
church a sum for masses to be said entitled the pastor to receive as
a gift personal property and he was a Iegatee' and a necessary
party to suit to set aside will. Kane v. Mercantile Trust Co. National
Association (Mo.), 513 SW2d 362.
472.013. Fraud under probate coderemedy ..
procedure
Whenever fraud has been perpetrated in connection with
any proceeding or in any statement filed under this code, or if
fraud is used to avoid or circumvent the provisions or
purposes of this code, any person injured thereby may obtain
appropriate relief against the perpetrator of the fraud or
restitution from any person, other than a bona fide purchaser,
benefiting from the fraud, whether innocent or not. Any
proceeding must be commenced within two years after the
discovery of the fraud, but no proceeding may be brought
against one not a perpetrator of the fraud later than ten years
after the time of commission of the fraud. This section has no
bearing on remedies relating to fraud practiced on a
decedent during his lifetime which affects the succession of
his estate.
472.020. Jurisdiction of probate division of circuit
court
The probate division of the circuit court may hear and
determine all matters pertaining to probate business, to
granting letters testamentary and of administration, the
appointment of guardians and conservators of minors and
incapacitated and disabled persons, settling the accounts of
personal representatives and conservators, and the sale or
leasing of lands by personal representatives and
conservators, including jurisdiction of the construction of wills
as an incident to the administration of estates, of the
determination of heirship, of the administration of
testamentary and inter vivos trusts, of disability and
incapacity proceedings as provided by law and of such other
probate business as may be prescribed by law.
HISTORY RSMo 1939 2437. A.L 1955 p. 385 3. A.L 1978
H.B. 1634. A.L 1983 S.B 44 & 45
NOTES
PRIOR REVISIONS: 1929 2406: 1919 2542: 1909 4056
(1959) Court stated 'the General Assembly, in its representative
capacity, is free to exercise all the primary power of the people in
conferring such uniform equitable jurisdiction' referring to
jurisdiction in 'matters pertaining to probate business'. North v.
Hawkinson (Mo.), 324 SW.2d 733.
(1962) Judgment of trial court ordering writ of mandamus to
compel probate judge to assume jurisdiction of testamentary trust
reversed and supreme court refused to rule on constitutionality of
provision conferring jurisdiction of testamentary trusts on probate
court where record did not show facts sufficient to present issues for
determination. State v. Bradley (Mo.). 358 SW.2d 38.
(1964) Appointment by probate court of successor trustee of
testamentary trust held void and sections 472.020 and 456.225
declared unconstitutional insofar as they purport to grant jurisdiction
over testamentary trusts to the probate court. First National Bank of
Kansas City v. Mercantile B. & T. Co. (Mo.), 376 SW.2d 164.
29
472.025. State may be party to proceedinas--
service
Proceedings may be conducted under section 473.083,
RSMo, or any other section of chapters 472 and 473, RSMo,
when the state of Missouri or any department or agency
thereof is a necessary or proper party defendant or interested
therein, directly or indirectly, as devisee, claimant by way of
escheat, claimant as creditor, or otherwise. Service of
process and notices upon the state of Missouri or any
department or agency thereof may be made by delivery to
the prosecuting attorney of the county.
HISTORY: L. 1967 p. 639 1, A.L 1980 S.B. 637
NOTES:
EFFECTIVE Effective 1-1-81
472.030. Powers of court .. executions, when
returnable--service of process
The probate division of the circuit court has the same legal
and equitable powers to effectuate and to enforce its orders,
jUdgments and decrees in probate matters as circuit judges
have in other matters and its executions shall be governed by
chapter 513, RSMo, and the applicable supreme court rule,
except that all executions shall be returnable within thirty
days unless otherwise ordered by the court. All process of
the court may be served anywhere within the territorial limits
of the state.
HISTORY: L 1955 p. 385 4, A.L 1978 H.B. 1634, A.L. 1980 S.B.
637
NOTES:
(1961) This section is not a grant to probate courts of jurisdiction
in purely equitable matters. Whatever equitable powers a probate
court may exercise by virtue of this section must be employed in the
discharge of its jurisdiction in probate matters. Stark v. Moffit (A.),
352 SW.2d 165.
(1963) In re Meyers' Estate (A.), 368 SW.2d 925.
(1964) Where deceased, collecting agent of gas company,
wrongfully deposited collections in his personal account, deposit
created trust fund for benefit of gas company and the tracing of
collections into the bank account was a proper exercise of equitable
powers by the probate court. In re Meyers' Estate (Mo.), 376 SW.2d
219.
(1987) Order granting special notice of probate hearings to
interested person pursuant to this section was not subject to
interlocutory appeal. Cordes v. Caldwell, 731 S.w.2d 463 (Mo.App.
1987)
472.040. Costs
In all suits and other proceedings in the probate division of
the circuit court, the party prevailing shall recover his costs
against the other party, except in those cases in which a.
different provision is made by law. Whenever costs are given
against executors and administrators, the estate shall pay the
costs. Parties presenting claims against estates, for the same
causes and in the same manner, may be ruled to give
security for costs, as is provided in practice in civil cases.
HISTORY: RSMo 1939 203, A.l. 1955 p. 385 5, A.l. 1978
H.B.1634
NOTES:
PRIOR REVISIONS: 1929 204; 1919 203; 1909 212
EFFECTIVE Effective 1279
CROSS REFERENCES Probate fees. RSMo 483.580
472.050. Court open, whennsessions .. time for
acts
The court shall be open for the transaction of probate
business at all reasonable hours. The judge of the probate
division of circuit court may by order provide for the holding
of sessions of the court at regular recurring times for the
purpose of hearing claims, settlements and other but
no such order shall prohibit the hearing and determination of
any proceeding before the court at any time when necessary
to promote the ends of justice nor shall such order be
inconsistent with rules of court. If the last day on which any
act is required to be performed in the court falls on any day
on which the court is not open the same shall be performed
on the next succeeding day on which the court is open.
HISTORY: L. 1955 p. 385 6, A.L 1978 H.B. 1634
472.060. Disqualification of judge
No judge of probate shall sit in a case in which he is
interested, or in which he is biased or prejudiced against any
interested party, or in which he has been counselor a
material witness, or when he is related to either party, or in
the determination of any cause or proceeding in the
administration and settlement of any estate of which he has
been personal representative, conservator, or guardian,
when any party in interest objects in writing, verified by
affidavit; and when the objections are made, the cause shall
be transferred to another judge, in accordance with the rules
of civil procedure relating to change of judge, who shall hear
and determine same; and the clerk of the circuit court or
division clerk shall deliver to the probate division of the circuit
30
court a full and complete transcript of the judgment, order or
decree made in the cause, which shall be kept with the
papers in the office pertaining to such cause.
HISTORY: RSMo 1939 2444, A.L 1955 p. 385 7, A.L. 1978
H.B. 1634, A.l. 1983 S.B. 44 & 45
NOTES:
PRIOR REVISIONS: 1929 2053; 1919 2549; 1909 4063
(1980) The power to disqualify a judge as to any further .
proceedings with an estate is to be liberally construed Will apply
to all pending matters to preclude the judge from resuming
jurisdiction. State ex rei. Campbell v. Kohn (A.), 606 S.w.2d 399.
472.070. Powers of clerk
1. The clerk of the probate division may take
acknowledgments, administer oaths, and certify and
authenticate copies of instruments, documents and records
of the court, and perform the usual functions of his office.
2. Subject to control of the judge of the probate division, the
clerk of the probate division may issue notices and make all
necessary orders for the hearing of any petition or other
matter to be heard in the court.
3. If a matter is not contested, the clerk may hear and
determine it and make all orders, judgments and decrees in
connection therewith which the judge could make, subject to
be set aside or modified by the judge at any time within thirty
days thereafter; but if not set aside or modified, the orders,
judgments and decrees made by the clerk shall have the
same effect as if made by the judge.
4. The judge may act as clerk ex officio, whenever the
business of the court requires.
5. A seal is authorized for the probate division of the circuit
court which shall be kept in the custody of the judge or the
clerk of the probate division.
HISTORY: l. 1955 p. 385 8, A.l. 1978 H.B. 1634
472.080. Documents filed with court. form
content
1. Except as otherwise speCifically provided in this code or
by supreme court rule, every document filed with the court
under this code, including but not limited to applications,
petitions, claims, and demands for notice, shall be signed by
or on behalf of the petitioner or claimant, and shall contain a
statement that it is made under oath or affirmation and that
its representations are true and correct to the best knowledge
and belief of the person signing same, subject to the
penalties of making a false affidavit or declaration.
2. No defect of form or substance in any document
invalidates any proceedings after judgment on the document.
HISTORY: L. 1955 p. 385 9, A.L. 1980 S.B. 637
472.090. Objections to petition, form
Any interested person, on or before the day set for hearing,
may file written objections to a petition previously filed, and,
upon special order or general rule of the court, objections to
a petition shall be filed in writing as a prerequisite of being
heard by the court.
HISTORY: L. 1955 p. 385 10
472.100. Noticecourt may reguireoohow
delivered
1. No notice to interested persons need be given except as
specifically provided for in this code or as ordered by the
court. When no notice is required by this code, the court may
require such notice as it deems desirable by a general rule or
by an order in a particular case.
2. Except as otherwise specifically provided by law, all
notices required by this code or the court to be served upon
any person shall be served as the court directs, by rule or
otherwise, in such manner and at such time as to constitute
reasonable notice, in any of the following manners:
(1) By delivering to the person, including a minor or a
disabled or incapacitated person not known to have a legally
appointed guardian or conservator, a copy of the notice
personally or by leaving a copy at his dwelling house or usual
place of abode with some person of his family over the age of
fifteen years, or by delivering a copy to an agent authorized
by appointment or required by law to receive service of
process;
(2) By publishing a copy of the notice in some newspaper
qualified to publish legal notices under chapter 493, RSMo,
and having general circulation within the county in which the
court is held for the time required by law or court rule or
order. If no time is fixed by law or by rule of court, the notice
shall be published once each week for four consecutive
weeks, the last insertion being at least seven days before the
hearing. The personal representative, or other person at
whose instance any notice by publication is required, may
designate the newspaper in which such notice is to be
published; but as to any notice which is necessary to the
jurisdiction of the court, the clerk shall designate the
newspaper unless the personal representative or other
person has made such designation and so informed the clerk
in writing before the time for commencement of publication. If
there is no qualified newspaper published in the county, the
notice shall be published in some qualified newspaper
published in an adjoining county which has a general
circulation within the county in which the court is held or the
notice shall be given by posting copies thereof in ten public
places in the county as the court directs. If a notice, which is
required to be published once a week for more than one
31
time, is published in a daily newspaper, each publication after
the first shall appear on the same day of the week on which
the first publication was made;
(3) By registered or certified mail, addressed to the person
to be notified at his address within the United States,
depOSited in the United States mail, with all postage charges
prepaid, and, if ordered by the court, with a return receipt
requested;
(4) By ordinary mail, deposited in the United States mail
with all postage charges prepaid at the first class rate, in a
sealed envelope or on a post or postal card, properly
addressed, bearing the name and return address of the
sender and otherwise inscribed in accordance with the
regulations of the United States Postal Service to require a
return thereof to the sender upon nondelivery to the
addressee;
(5) By any combination of the above or as may be provided
by the rules of civil procedure.
3. Service by publication is notice to all heirs and devisees,
whether known or unknown or whether residents or
nonresidents of this state, spouses and to all creditors and
other persons interested in the estate.
4. Provisions in this code for notice to interested persons,
other than by publication, do not require such notice to
creditors unless otherwise speCifically required by the code
or by the court.
5. Service of notice upon a minor or a disabled or
incapacitated person having a legally appointed guardian or
conservator, if the fact of the guardianship or conservatorship
is known to the person requiring such service or is disclosed
by the court files or records, shall be made by serving such
guardian or conservator in the manner provided herein for
service upon other persons. Service upon a corporation may
be made in the manner provided by law for the service of
summons on corporations in civil actions.
6. In all cases where service by publication is required but
personal service or service by registered or certified mail is
not ordered, all interested persons whose names and
addresses appear in the court files or records, including
creditors only when ordered by the court, shall be served by
ordinary mail. Failure in any such case to mail any notice or
failure of any interested person to receive any mailed notice
does not invalidate any order of the court or deprive the court
of jurisdiction.
7. Personal service and service by registered or certified mail
may be made by any competent witness, except that service
by mail of any process, order or notice issued by the court
shall be made by the clerk, or, if personal service is required,
by the sheriff. Service by publication and by ordinary mail,
except those required by section 473.587, RSMo, shall be
made by the clerk when requested in writing by the party
requiring same, and when furnished with the necessary
information therefor.
8. If an attorney has entered his appearance in writing for any
party in any probate proceeding or matter pending in the
court, all notices required to be served on the party in the
proceeding or matter may be served on the attorney and
such service shall be in lieu of service upon the party for
whom the attorney appears. Service on an attorney may be
made by ordinary mail or by leaving a copy of any notice or
paper at his office with his clerk or with an attorney employed
by or associated with the attorney to be served.
HISTORY: L. 1955 p. 385 11, A.L. 1957 p. 829, A.L. 1980 S.B.
637, A.L. 1983 S.B. 44 & 45
(1962) Weekly newspaper did not forfeit right theretofore vested in
it to publish legal notices by suspending publication the last week in
December of one year for vacation purposes and where it resumed
continuous weekly publications after the procedure was questioned.
State ex reI. Henderson v. Proctor (Mo.), 361 S.w.2d 802.
472.110. Proof of service
Proof of service in all cases requiring notice whether by
mailing or otherwise, shall be filed before the
hearing. Service made by a private person shall be proved by
the affidavit of the person or by acknowledgment of service;
service made by the clerk, sheriff or other official shall be
proved by certificate or return of service. Proof of service by
publication shall be made in the form of the affidavit
prescribed by section 493.060, RSMo. In the case of service
by registered or certified mail, where the court requires a
return receipt. the return receipt shall be attached to the proof
of service if a receipt has been received; if no receipt has
been received, or in case a notice served by ordinary mail is
returned to the sender, the court may, in its discretion, order
further service on the party.
HISTORY L. 1955 p. 385 12, AL. 1957 p. 829, A.L. 1980 S.B.
637
472.120. Amendment of proof of service
At any time in its discretion and upon such terms as it
deems just. the court may allow any process, return or proof
of service thereof to be amended, unless it clearly appears
that material prejudice would result to the substantial rights of
the party against whom the process issued.
HISTORY: L. 1955 p. 385 12A
32
472.130. Waiver of notice
Any person legally competent may in person or by attorney
waive in writing any notice required by this code or by rule or
order of court. A personal representative may make waiver
either in person or by attorney. A guardian of the estate,
conservator, or a guardian ad litem may make a waiver on
behalf of his protectee or ward, and a trustee may make a
waiver on behalf of the trust. A consul or other representative
of a foreign government, whose appearance has been
entered as provided by law on behalf of any person residing
in a foreign country, may make waiver of notice on behalf of
such person. Any person who submits to the jurisdiction of
the court in any hearing waives notice thereof.
HISTORY: L. 1955 p. 385 14, A.l. 1957 p. 829, A.L. 1983 S.B. 44
&45
472.135. Waiver of legal requirements, when--
limitation on waiver
Any heir, devisee, or the guardian or conservator of any
heir or devisee under disability then interested in the estate
may waive, in writing, any requirement imposed upon the
personal representative by the provisions of chapter 472,
473, or 474, RSMo, of this code; provided, that such waiver
does not adversely affect the rights of creditors or other
persons interested in the estate.
472.140. Recordkeptadversary probate
proceeding defined
1. A record shall be kept in any adversary probate
proceeding in a probate division of the circuit court. At the
discretion of the judge, but in compliance with the rules of the
supreme court, the record may be a stenographic record or
one made by the utilization of electronic, magnetic, or
mechanical sound or video recording devices.
2. "Adversary probate proceeding" as used in this section
and in section 472.141 means any proceeding brought
pursuant to any provision of chapters 472. 473, 474, and
475, RSMo, which requires, as a condition precedent to an
entry of an order or judgment on the merits, notice of hearing
to persons interested in the proceeding, except that
proceedings to sell real property or to make final settlement
and except that notices that letters have been granted, for
unknown heirs. to file interim settlements, of the right of the
surviving spouse to elect to take against the will and in
guardianship estates in which the Veterans Administration is
a party in interest as to petitions by the conservator to
disburse funds and as to settlements of conservators shall
not be deemed to be adversary unless and until an interested
person files objections to the action proposed or the account
stated. An "adversary probate proceeding" shall also mean
any other probate proceeding determined by the judge of the
probate division to be an adversary proceeding.
3. The judge on his motion, or on the request of an interested
person, may direct the keeping of a record of any hearing in
a probate proceeding. The judge in his discretion may require
the party requesting the record to give security for the
payment of the costs thereof and may assess the costs of
making the record against any party to the proceedings.
HISTORY: L. 1955 p. 385 15, A.L. 1978 H.B 1634, AL 1986
H.B. 1297
472.141. Proceedings to be conducted in
accordance with rules of procedure order after
action commenced
1. An adversary probate proceeding shall be governed by
the civil code of Missouri and the rules of civil procedure;
except that:
(1) Where the probate code or any other statute contains a
provision prescribing practice, procedure or pleading,
applicable to the pending proceeding, the provisions of the
probate code or such statutes shall govern; and
(2) The provisions of chapter 509, RSMo, and civil rule 55
shall not apply unless specifically made applicable by a
provision in the probate code or unless the court enters an
order designating all or speCific provisions of chapter 509,
33
RSMo, or civil rule 55 applicable to a particular adversary
probate proceeding.
2. If a proceeding is already commenced when the court
determines it to be adversary, the court may, on its own
motion or on motion of any interested person, enter an order
specifying the appropriate provisions of chapter 509, RSMo,
or civil rule 55, which shall govern the proceeding:
3. The civil code of Missouri and the rules of civil procedure
shall govern all other actions or proceedings which may be
heard by a judge of the probate division pursuant to
assignment or otherwise, except as otherwise provided by
law.
HISTORY: L. 1978 H.B. 1634, A.L. 1986 H.B. 1297
472.150. Vacation and modification of judgments
For good cause, before the expiration of the period allowed
for appeal after the order of final distribution of the
administration of the estate of a decedent or ward, the court
may vacate or modify its orders, judgments and decrees, or
grant a rehearing therein, except that no such power shall
exist as to any orders, judgments or decrees from which an
appeal has been taken, prior to a final disposition thereof on
such appeal. or to set aside the probate of a will after the
time allowed for contest thereof. No vacation or modification
under this section affects any act done or any right acquired
in reliance on any such order, judgment or decree.
HISTORY: L. 1955 p. 385 16
(1957) Motion to cancel and revoke let1ers of administration held
direct and not collateral attack on order granting same in view of this
section. In re Estate of Dugan (A.), 309 SW2d 137.
472.160. Appealnwhengrounds for
1. Any interested person aggrieved thereby may appeal to
the appropriate appellate court from the order, judgment or
decree of the probate division of the circuit court in any of the
following cases:
(1) On the allowance of any claim against an estate
exceeding one hundred dollars;
(2) On all settlements of the personal representative;
(3) On all apportionments among creditors, legatees or
distributees;
(4) On all orders directing the payment of legacies, making
distribution or making allowances to the surviving spouse or
unmarried minor children;
(5) On all orders for the sale of assets of the probate
estate;
(6) On all orders for the sale of real estate;
(7) On judgments for waste;
(8) On proceedings to recover balances escheated to the
state;
(9) On all orders revoking letters testamentary or of
administration;
(10) On orders making allowances for the expenses of
administration;
(11) On orders for the specific execution of contracts;
(12) On orders compelling legatees and distributees to
refund;
(13) On all orders denying any of the foregoing requested
actions;
(14) In all other cases where there is a final order or
judgment of the probate division of the circuit court under this
code except orders admitting to or rejecting wills from
probate.
2. No appeal shall be allowed from any order or denial of an
order made by the clerk under section 472.070 unless a
motion to modify or vacate such order has been denied by
the court, but no such motion is necessary to an appeal from
any order made, denied or refused by the judge.
HISTORY: RSMo 1939 283, A.L. 1955 p. 385 17, A.L. 1957 p.
829. A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637
NOTES:
PRIOR REVISIONS: 1929 284; 1919 282; 1909 289
(1966) The right to appeal and whether an appellant is a party
aggrieved within the meaning of 472.160 and 512.020 are
jurisdictional questions which may be raised at any time and by the
court itself. In re Fusz' Estate (Mo.), 397 SW.2d 595.
(1967) For a party to have the right of appeal as 'aggrieved' by
the judgment he must have a direct pecuniary interest in the result
of the litigation. In re Estate of Soengen (A.), 412 SW.2d 533.
34
(1969) There is no right of appeal from a probate court order
vacating a void judgment. State ex reI. Travelers Indemnity Co. v.
Swink (A.), 440 S.w.2d 152.
(1971) A natural mother qualifies as an 'interested person' in the
appointment of a guardian for the child's estate, and, having a right
to such appointment 'if otherwise qualified' a mother would be
aggrieved by a final order of the probate court which disqualified her
from that office with right of appeal to circuit court. State ex reI.
Pope v. Lisle (A.), 469 S.w.2d 841.
(1974) Held that order for partial compensation of attomey was
not a final judgment and was not appealable. In re the Estate of
Ritter (A.), 510 S.W.2d 188.
(1974) Held that an order to sell personal property in order to
satisfy a tax lien is not an appealable order under this section.
Poletti v. Estate of Poletti (A.), 510 SW.2d 850.
(1992) Where court issued order adviSing that it would issue
letters of administration to decedent's putative son and denied
motion of decedent's family to prevent such appointment, such
order is not appealable. Family did not wait until letters were issued
and then move to revoke the letter. Statute authorizes an appeal of
an order denying the revocation of letters. Matter of Nocita, 845
SW,2d 574 (Mo. App. ED.).
472.170. Appeals from orders as to mental
condition"procedure .. operates as supersedeas,
when .. apPointment of guardianureview
1. Appeals shall be allowed from the probate division of the
circuit court to the appropriate appellate court in any case in
which a final adjudication in an investigation of the mental
condition of any person alleged to be disabled, incapacitated,
or mentally ill has been made. The appeal may be made by
the petitioner who applied for such adjudication, or by the
person alleged to be disabled, incapacitated, or mentally ill,
or by any relative of such person, or by any reputable citizen
of the county in which the hearing occurred, or by an attomey
for any of the foregoing persons. Such an appeal shall not
operate as a supersedeas pending the determination of such
appeal of any such adjudication or any order or judgment of
the probate division based upon such adjudication except to
the extent it is specifically provided by the probate division in
an order entered at the time of or after the notice of appeal
has been filed. The probate division shall in such order allow
supersedeas of any order or judgment of commitment or
confinement of such person unless it is found that such
person by reason of his mental condition is so far disordered
in his mind as to endanger his own person or the person or
property of others; and the probate division may, in its
discretion, allow supersedeas of such adjudication and other
orders and judgments of the probate division based thereon,
in whole or in part.
2. If the probate division of the circuit court finds that the
alleged disabled person is incapable of managing his affairs
and refuses to allow supersedeas, the probate division of the
circuit court may appoint a guardian ad litem to collect,
protect. and preserve the alleged disabled person's assets
and, on order of the circuit court, disburse funds for the
necessary support and maintenance of the alleged disabled
person and those members of his family who are dependent
upon him. The appointment of the guardian ad litem as well
as the decision of the probate division of the circuit court as
to supersedeas may be reviewed by the appellate court on
motion by an interested party at any time after the notice of
appeal has been filed.
632, A.L 1978 H.B. 1634, A.L 1980 S.B. 637, A.L 1983 S.B. 44 &
45
NOTES:
PRIOR REVISIONS: 1929 285
35
472.180. Time for appeal
All appeals shall be taken within the time prescribed by the
rules of civil procedure relating to appeals.
HISTORY: RSMo 1939 285, A.L 1955 p. 385 21, A.L. 1978
H.B.1634
NOTES:
PRIOR REVISIONS: 1929 286; 1919 283; 1909 290
472.190. Appeals staved or consolidated, when
When an appeal is taken from any appealable order,
judgment or decree in the administration of a decedent's
estate, made prior to the decree of final settlement and
distribution, the probate division of the circuit court, in its
discretion. and if no person is prejudiced thereby, may order
that the appeal be stayed until the decree of final distribution
is made and that the appeal be heard only as a part of any
appeal which may be taken from the decree of final
settlement and distribution. This section does not apply to
guardianships.
HISTORY: L. 1955 p. 385 19, A.L. 1978 H.B. 1634
472.210. Appeals, procedure
Appeals shall be taken in accordance with the rules of civil
procedure relating to appeals.
HISTORY: RSMo 1939 286, AL. 1955 p. 385 22, A.L. 1965 p.
633, A.L. 1978 H.B. 1634
NOTES:
PRIOR REVISIONS: 1929 287; 1919 284; 1909 291
472.280. Records of probate division of circuit
courtmay be kept by means other than bound
volumes .. reading equipment, index to be provided
1. The court shall keep the following:
(1) AA index in which files, pertaining to estates of
deceased persons, shall be indexed under the name of the
decedent. and those pertaining to guardianships and
conservatorships under the name of the ward and protectee;
after the name of each file shall be shown the file and
register number and the book and page of the register;
(2) A register, arranged in numerical order, in which shall
be listed in chronological order under the file and register
number and the name of the decedent or ward or protectee,
all documents filed or issued and all orders, judgments and
decrees made pertaining to the estate, the date thereof, and
a reference to the volume and page of any other book in
which any record has been made of such order or document
(3) An abstract of all judgments of other courts filed and of'
all claims established in the probate division of the circuit
court against the estate of each decedent which shall show
their amount, date and class, and to whom payable;
(4) A record of wills exhibited to be proven properly
indexed, in which shall be recorded such wills, together with
the proof thereof and the certificate of probate or rejection
thereof;
(5) A record of bonds, in which shall be recorded all bonds
filed;
(6) A record of letters, in which shall be entered all letters
issued;
(7) A record of inventories, in which shall be recorded all
inventories and appraisements;
(8) A record of settlements in which shall be recorded the
accounts and settlements of all personal representatives,
conservators, and guardians;
(9) A record of probate proceedings, which shall contain all
orders. judgments and decrees of the court;
(10) A record of the minutes of the proceedings of the
court.
2. All vouchers and receipts in any estate filed in the court
may be destroyed on order of the court after they have been
on file for a period of five years after final termination of
administration proceedings in the estate.
3. Other provisions of law to the contrary notwithstanding,
any records required to be kept by the probate division of the
circuit court under subsection 1 of this section or by any other
law may be kept and maintained by means other than bound
volumes of paper pages, including such means as
photography, microphotography, photostatiC process,
electros.tatic process, facsimile reproduction, perforated tape,
magnetic tape or other electromagnetic means, electronic
processing, machinereadable media, graphic or video
display, or comb!nation thereof. All courts keeping
records and information by any of the aforesaid means shall
36
keep and have readily available to the public the necessary
machines and equipment to present the records and
information in a readily readable form; and, further, the courts
shall properly and adequately index such records and
information so that the same shall be readily retrievable.
HISTORY: L. 1955 p. 385 29, A.L. 1969 S.B. 81, A.L. 1978 H.B.
1634, A.L. 1983 S.B. 44 & 45
472,290. Rules of evidence to apply .. exceptions
specific rules
In proceedings under this code the rules of evidence in
circuit courts, including any relating to simultaneous deaths,
are applicable unless specifically displaced by the code. In
addition, the following rules relating to determination of death
and status are applicable:
(1) A certified or authenticated copy of a death certificate
issued by an official or agency of the place where the death
occurred is prima facie proof of the fact, place, date, time of
death, and the identity of the decedent;
(2) A certified or authenticated copy of any record or report
?f a agency, domestic or foreign, that a person
IS mlssmg, detained, dead. or alive is prima facie evidence
sufficient to support a judicial finding, of the status and of the
dates. circumstances, and places disclosed by the record or
report;
(3) A person who is absent for a continuous period of five
years, during which time he has not been heard from, and
whose is. not satisfactorily explained after diligent
search or mqUlrY, IS presumed to be dead. His death is
presumed to have occurred at the end of the period unless
there is sufficient evidence for determining that death
occurred earlier.
NOTES:
472.300. Proceedings involving trustsestates
minorsdisabled or incapacitated persons
supervised settlements, procedure
In judicial proceedings involving trusts or estates of
decedents, minors, disabled and incapacitated persons, and
in judicially supervised settlements, the following apply:
(1) Interests to be affected shall be described in pleadings
which give reasonable information to owners by name or
class, by reference to the instrument creating the interest, or
in other appropriate manner;
(2) Persons are bound by orders binding others in the
following cases:
(a) Orders binding the sole holder or all coholders of a
power of revocation or a presently exercisable general power
of appointment, including one in the form of a power of
amendment. bind other persons to the extent their interests,
as objects, takers in default, or otherwise, are subject to the
power;
(b) To the extent there is no conflict of interest between
them or among persons represented, orders binding a
guardian bind the ward; orders binding a conservator bind
the protectee; orders binding a trustee bind beneficiaries of
the trust in proceedings to probate a will establishing or
adding to a trust, to review the acts or accounts of a prior
fiduciary and in proceedings involving creditors or other third
parties; and orders binding a personal representative bind
persons interested in the undistributed assets of a decedent's
estate in actions or proceedings by or against the estate. If
there is no conflict of interest and no conservator or guardian
has been appointed, a parent may represent and bind his
minor child;
(c) An unborn or unascertained person who is not
otherwise represented is bound by an order to the extent his
interest is adequately represented by another party having a
substantially identical interest in the proceeding;
(3) Notice is required as follows:
(a) Notice as prescribed by section 472.100 shall be
given to every interested person, or to one who can bind an
interested person as described in paragraphs (a) and (b) of
subdivision (2) above. Notice may be given both to a person
and to another who may bind him;
(b) Notice is given to unborn or unascertained persons,
who are not represented under paragraph (a) or (b) of
subdivision (2) above, by giving notice to all known persons
whose interests in the proceedings are substanUaily identical
to those of the unborn or unascertained persons;
(4) At any point in a proceeding, a court may appoint a
guardian ad litem to represent the interest of a minor, an
incapacitated, disabled, unborn. or unascertained person, or
a person whose identity or address is unknown, if the court
determines that representation of the interest otherwise
would be inadequate. If not precluded by conflict of interests.
37
the same guardian ad litem may be apPointed to represent
several different persons or interests.
HISTORY: L 1980 S.B. 637, AL 1983 S.B. 44 & 45
472.320. Independent administration of
decedents' estatesapplication of probate code
The relevant provisions of chapters 472 through 474,
RSMo, apply to independent administraUon of decedents'
estates to the extent that they are not inconsistent with
sections 473.780 to 473.843 and 474.293, RSMo.
NOTES:
472.330. Approval of act or transaction in best
interests of estate
Notwithstanding any other provision of this chapter. chapter
473, RSMo, chapter 474, RSMo, and chapter 475, RSMo, to
the contrary, upon a finding that an act or transaction was or
is in the best interest of the estate, the court may approve.
ratify, confirm and validate any act or transaction performed
by the personal representative of the estate, without court
authorization which the court would have had power under
this chapter, chapter 473, RSMo, and chapter 474, RSMo, to
authorize the personal representative to conduct.
HISTORY: L 1993 S.B. 88 2
472.335. Power of court to confirm and validate
acts--acts included
The power of the court to approve, ratify. confirm and
validate acts or transactions entered into by a personal
representative of the estate without court authorization
includes, without limitation, retention of real or personal
property, compromises of claims by and against the estate,
investments, purchases, sales, mortgages, exchanges,
abandonment, leases of any duration, improvements,
contracts to improve, contracts to sell, contracts to purchase,
and contracts to exchange and grants of options, easements,
profits or other rights with respect to land or other property. It
also includes, without limitation, payment of a mortgage
indebtedness on the real estate of the decedent out of the
personal estate and purchase of real estate at a sale made
under a mortgage, deed of trust, vendor's lien or other lien
held by the decedent.
HISTORY: L 1993 S.B. 88 3
CHAPTER 473 PROBATE CODE-
ADMINISTRATION OF DECEDENTS ESTATES
473.010. Venue
1. The will of any decedent shall be probated and letters
testamentary or of administration shall be granted:
(1) In the county in which the domicile of the deceased is
situated;
(2) If he had no domicile in this state then in any county
wherein he left any property; except that when the major part
of a nonresident decedent's estate in this state consists of
real estate, the will shall be probated and letters
testamentary or of administration shall be granted in the
county in which the real estate or the major part thereof is
located;
(3) If the decedent had no domicile in this state and left no
property therein. in any county in which the granting thereof
is required in order to protect or secure any legal right.
2 If proceedings are commenced in more than one county,
they shall be stayed except in the county where first
commenced until final determination of venue in the county
where first commenced. The proceedings are deemed
commenced by the filing of an application for letters; and the
proceedings first legally commenced extends to all of the
property of the estate in this state.
3. All orders, settlements, trials and other proceedings
pertaining to any estate shall be had or made in the county in
which the letters were granted.
HISTORY: RSMo 1939 4.5.531. L. 1955 p. 385 30. AL.
1959 S.B. 141
NOTES:
PRIOR REVISIONS: 1929 4. 5. 530; 1919 4, 5. 518; 1909
12.13,548
(1961) When sections 473.010 and 473.668 are read together
they clearly authorize the appointment of an administrator for the
estate of a nonresident decedent to the end that plaintiffs in
personal injury action could maintain such action against and obtain
service upon the administrator. State ex rei. McCubbin v. Ginn
(Mo.), 347 S.w.2d 119.
c ~ O S S REFERENCES: Administrators, profit on publication of
: .. ces or advertisements prohibited, RSMo 493.130, 493.140
Adversary probate proceeding defined for Chap. 473, RSMo
472.140
Attachment proceeding, administrator made party, where, RSMo
521.430
Bi-state development agency, bonds of, investment in authorized,
RSM070.3n
Cattle, female, sale by estate, brucellosis vaccination law special
provisions. RSMo 267.555
38
Declaratory judgment, executor or administrator may obtain as to
rights, RSMo 527.040 (
Definition of terms and general provisions, Chap. 472. RSMo
Disclaimers of property, Chap. 469, RSMo
Durable power of attorney, RSMo 404.700 to 404.735
Foreign administrator, suits by, RSMo 507.020
Mortgages, satisfaction by executor or administrator, RSMo
443.160 to 443.180
Nonprobate transfers, RSMo 461.003 to 461.081
Probate code, definitions, RSMo 472.010
Public officer, executor or administrator of to deliver records,
RSMo 109.020 to 109.040
Records of probate division, RSMo 472.280
Savings accounts in insured savings and loan associations,
investment in authorized, RSMo 369.194
Tax assessment list, executor or administrator to give assessor,
RSMo 137.350
473.013. Character of proceeding--jurisdiction of
court
The administration of the estate of a decedent from the
filing of the application for l e t t e r ~ testamentary or of
administration until the decree of final distribution and the
discharge of the last personal representative is deemed one
proceeding for purposes of jurisdiction. Such entire
proceeding is a proceeding in rem. No notice is jurisdictional
except the notice by publication provided in section 473.033,
unless the provision requiring the notice expressly provides
that the notice is jurisdictional. Whether the administration is
supervised or independent, from the time of first publication
of the notice provided in section 473.033, the probate division
of the circuit court has in rem jurisdiction of all real and
personal property of the decedent located within this state.
637
NOTES:
(1966) Under present probate code, probate court acquires no
more jurisdiction initially over an intestate's realty than it did under
prior statutes. Clapper v. Chandler (Mo.), 406 S.w.2d 114.
473.017. Application for letters .. content
1. An application for letters testamentary or of
administration shall state all of the following:
(1) The name, age, sex, domicile, last residence address
and the fact and date of death of the decedent;
(2) The names, relationship to decedent, and residence
addresses of the surviving spouse, heirs. devisees and
legatees of the decedent. if any, and their birth dates, if
minors; the names and addresses of the conservators of any
minor or disabled heirs, legatees or spouse of the decedent,
if known; and if applicant has reason to believe that there are
any heirs or devisees who are mentally incapacitated or that
there are other heirs or devisees but their names and
addresses are unknown to him. he shall so state;
(3) The probable value of the real and personal property;
(4) If decedent had no domicile in this state. the location
and the probable value of any land owned by him in this state
at the time of his death, if any, and the probable value of the
personal property within the state, so far as is known. which
may be subject to administration in this state;
(5) If the decedent died testate and the will has not been
delivered to the court, the contents of the will, either by
attaching a copy of it to the petition, or, jf the will is lost,
destroyed or suppressed, by including a statement of the
provisions of the will so far as known;
(6) The names and residence addresses of the
persons, if any, named as executors;
(7) Where letters of administration on the estate of an
intestate are sought, the name and residence address of the
person for whom letters are prayed. and his relationship to
the decedent or other facts, if any, which entitle such person
to appointment;
(8) The name and address of the attorney for the applicant;
(9) That if letters are issued, the applicant will make a
perfect inventory of the estate, pay the debts and legacies, if
any, as far as the assets extend and the law directs, and
account for and distribute or pay aU assets which come into
the possession of the personal representative, and perform
all things required by law touching the administration of the
estate;
(10) Whether the application is for supervised or
independent administration.
2. After letters have been granted on an estate, the personal
representative or other interested person, if the information
contained in the application required by subsection 1 is not
complete or is no longer correct, shall communicate in writing
promptly to the clerk such facts known to him as are
necessary to complete or correct the same.
637, A.L. 1981 S.B. 117, A.l. 1983 S.B. 44 & 45
39
473.020. If no application filed, others may
request administration or probateupetition, form,
contents--hearing, notice, orders
1. If no application for letters testamentary or of
administration is filed by a person entitled to such letters
pursuant to section 473.110 within twenty days after the
death of a decedent, then any interested person may petition
the probate division of the circuit court which would be the
proper venue for the administration of the estate of such
decedent for the issuance of leiters testamentary or of
administration. For purposes of this section, in addition to
persons provided for in subdivision (15) of section 472.010,
RSMo, any person who has attached a claim supported by
an affidavit setting forth the basis upon which such person
has a claim against the decedent shall be an interested
person.
2. The petition must be filed within one year after the date of
death of the decedent and shall include the following:
(1) The decedent's name, the address of the decedent's
last residence and the date of death of the decedent;
(2) If a written will of the decedent has been presented for
probate, the names and addresses of the personal
representatives deSignated in such will; and
(3) The names, addresses and relationships to the
decedent of the decedent's heirs as is known to, or can be
reasonably ascertained by, the petitioner.
3. Within fifteen days from the date of fiJing, the petition shall
be set for hearing to determine who should be directed to
apply for letters testamentary or of administration, and not to
determine the validity of any claim. Notice of the hearing shall
be served upon all interested persons in the manner and
within such time as directed by the court. Upon hearing of the
petition, the court shall enter such order or orders as it
deems appropriate, including any of the following:
(1) An order directing the person found by the court to be
entitled to the issuance of letters testamentary or of
administration to apply for and qualify for such leiters within
such time as is allowed by the court, and in default of such
timely application and qualification, upon application, the
court shall issue leiters of administration to some other
person found suitable by the court;
(2) An order refusing letters on the estate; or
(3) An order dismissing the petition.
829, A.L. 1980 S.B. 637, A.l. 1996 S.B. 494
NOTES:
PRIOR REVISIONS: 1929 8; 1919 8; 1909 10
(1961) Where appointment of an administrator who had no
interest in the estate was made eleven months after decedent's
death on application of attorney for widow having wrongful death
action against decedent's estate, the burden was on those opposing
the appointment to establish that persons entitled to administer
were residents and otherwise qualified. In re Norman's Estate (A.),
347 SW.2d 908.
(1962) In subsequent proceeding in prohibition to restrain action
for damages for wrongful death against administrator was void for
lack of finding of nonresidence of widow, judgment in 'In re
Norman's Estate' held res judicata and preliminary writ quashed.
State ex rei. Farmer v. Allison (A.), 359 SW.2d 245.
(1992) Personal representatives did not waive and renounce their
right to apply for letters testamentary by filing their petition after the
twenty days allowed by the statute. Statute does not limit the time in
which a named executor must file the application for leiters in
probate; rather, statute merely ensures that where executor has
failed to file in a in a timely manner, other interested persons should
be free to do so Matter of Estate of Bloemker, 829 SW,2d 7 (Mo.
App. E.D.).
473.023, Court or clerk to grant letters
The probate division of the circuit court, or the clerk thereof,
subject to modification or revocation by the court, shall grant
letters testamentary and of administration.
HISTORY RSMo 1939 1, A.L. 1955 p. 385 33, A.L. 1978 HS.
1634
NOTES
PRIOR REVISIONS 1929 1; 1919 I; 1909 9
473.030. Request for special notice of hearings
At any time after the issuance of letters, any person
interested in the estate, in person or by attorney, may serve
upon the executor or administrator, or upon his attorney, and
file with the clerk of the court where the proceedings are
pending, with a written acknowledgment of or proof of
service, a written request, stating that he desires written
notice by ordinary mail of the time and place of all hearings
on the settlement of accounts, on final distribution, and on
any other matters for which any notice is required by law, by
rule of court or by an order in the particular case. The
applicant for notice shall include in his written request his
post-office address or that of his attorney. Unless the court
otherwise directs, upon filing the request the clerk shall give
the applicant notice of all hearings for which any notice is
required as aforesaid, or of such of those hearings as he
deSignates in his request.
HISTORY: L. 1955 p. 385 36
(1987) Order granting special notice of probate hearings to
interested person pursuant to this section was nol subject to
40
interlocutory appeal. Cordes v. Caldwell. 731 S.w.2d 463 (MoApp
1987)
473.033. Notice of letters duty of clerk
publication .. form
The clerk, as soon as letters testamentary or of
administration are issued, shall cause to be published in
some newspaper a notice of the appointment of the personal
representative, in which shall be included a notice to
creditors of the decedent to file their claims in the court or be
forever barred. The notice shall be published once a week for
four consecutive weeks. The clerk shall send a copy of the
notice by ordinary mail to each heir and devisee whose name
and address are shown on the application for letters or other
records of the court, but any heir or devisee may waive
notice to such person by filing a waiver in writing. The
personal representative may, but is not required to, send a
copy of the notice by ordinary mail or personal service to any
creditor of the decedent whose claim has not been paid,
allowed or disallowed as provided in section 473.403. Proof
of publication of notice under this section and proof of mailing
of notice shall be filed not later than ten days after completion
of the publication. The notice shall be in substantially the
following form:
To all persons interested in the estate of .......................... ,
decedent:
On the .............................. , .. day of .................... , 19 .. ,
(the last will of the decedent having been admitted to probate
) ................ " ............ was appOinted the personal
representative of the estate of ......................... ,
decedent, by the probate division of the circuit
court of ............................... County, Missouri. The
business address of the personal representative is
................................... , and the personal representative's
attorney is ...................... of ............................ .
All creditors of the decedent are notified to file claims in court
within six months from the date of first publication of this
notice or if a copy of this notice was mailed to, or
served upon, such creditor by the personal
representative, then within two months from the date it was
mailed or served, whichever is later, or be forever barred to
the fullest extent permissible by law. Such six-
month period and such two-month period do not extend the
limitation period that would bar claims one year after the dec
edent's death, as provided in section 473.444, RSMo,
or any other applicable limitation periods. Nothing
in section 473.033, RSMo, shall be construed to bar any
action against a decedent's liability insurance carrier through
a defendant ad litem pursuant to section 537.021, RSMo.
Receipt of this notice by mail should not be construed by the
recipient to
indicate that the recipient necessarily has a benefiCial interest
in the
41
estate. The nature and extent of any person's interest, if any,
can be
determined from the files and records of this estate in the pro
bate division
of the circuit court of ............. County, Missouri.
Date of the decedent's death was .................................... ,
19 .....
Date of first publication is
.............................................. , 19 ..... .
Clerk of the Probate Division
of the Circuit Court
""'''''''''''''' County, Missouri
HISTORY: L. 1955 p. 385 37, A.L. 1969 S.B. 86, A.L. 1978 HB.
1634, A.L. 1980 S.B. 637, A.L. 1983 H.B. 369, A.L. 1989 H.B. 145,
A.L. 1993 S.B. 88, A.l. 1996 S.B. 494
NOTES:
(1962) Weekly newspaper did not forfeit right theretofore vested in
it to publish legal notices by suspending publication the last week in
December of one year for vacation purposes and where it resumed
continuous weekly publications after the procedure was questioned.
State ex reI. Henderson v. Proctor (Mo.), 361 SW2d 802.
(1985) Held, due process does not require any more than
publication notice to a creditor that a decedent's estate is being
administered and the notice provisions of sections 473.360 and
473.033, RSMo, are constitutional. Estate of Busch v. Ferrell
Duncan Clinic (Mo. banc) 700 SW2d 87.
473.037. Successor need not publish notice.
when
If notice is given of the first letters granted on an estate in
accordance with section 473.D33, no notice of letters
thereafter granted to a successor executor or administrator is
required.
HISTORY: RSMo 1939 79, A.L. 1955 p. 385 38
NOTES:
PRIOR REVISIONS: 1929 79: 1919 78: 1909 86
473.040. Notice where there are no known heirs
When an intestate has left no known heirs, the clerk shall
also publish a notice, once a week for six consecutive weeks
in at least two newspapers, published in the places
designated by the court. containing the name of the intestate,
a description of his person, the time and place of his death,
the place of his nativity, if known, and the appraised amount
of his estate.
HISTORY: RSMo 1939 80, A.L. 1955 p. 385 39
NOTES: PRIOR REVISIONS: 1929 80: 1919 79: 1909 87
473.043. Will of decedent. where delivered--wills
found in safe deposit boxes, how delivered--refusal
to deliver. how handled
1. After the death of the testator, the person having custody
of his will shall deliver it 10 Ihe probate division of the circuit
court which has jurisdiction of the estate or to the probate
division of the circuit court of the county where the will is
found and if the latter, that court shall keep a copy and
deliver the original will, by certified mail, to the probate
division of the circuit court which has jurisdiction of the
estate.
2. Wills of decedents found in safe deposit boxes are in the
custody of the depOSitory for the purposes of this section and
said depository may make a copy of the will before delivering
it to the proper court.
3. If the probate division of the circuit court is satisfactorily
informed that any person has in his possession the will of any
testator, and refuses to produce the same, the court may
summon the person, and compel him, by attachment and
commitment, to produce the same.
HISTORY: RSMo 1939 569, A.L. 1955 p. 385 40, A.L. 1971
S.B. 85. A.L. 1978 H.B. 1634
NOTES:
PRIOR REVISIONS: 1929 568: 1919 556: 1909 584
42
473.047. Certificate of probate or rejection
When any will is exhibited to be proven the judge or clerk
may immediately receive the proof and grant a certificate of
probate, or, if the will is rejected, grant a certificate of
rejection.
HISTORY: RSMo 1939 532, A.L. 1955 p. 385 41
NOTES:
PRIOR REVISIONS: 1929 531: 1919 519; 1909 549
473.050. Wills. presentment for probate. time
limited .. presented, defined
1. A will, to be effective as a will, must be presented for and
admitted to probate.
2 When used in chapter 472, RSMo, chapter 474, RSMo,
chapter 475, RSMo, and this chapter, the term presented"
means:
(1) Either the delivery of a will of a decedent, if such will
has not previously been delivered, to the probate division of
the circuit court which would be the proper venue for the
administration of the estate of such decedent, or the delivery
of a verified statement to such court, if the will of such
decedent is lost, destroyed, suppressed or otherwise not
available, setting forth the reason such will is not available
and setting forth the provisions of such will so far as known:
and
(2) One of the following:
(a) An affidavit pursuant to section 473.097, which
requests such will be admitted to probate; or
(b) A petition which seeks to have such will admitted to
probate: or
(c) An authenticated copy of the order admitting such will
to probate in any state, territory or district of the United
States, other than this state.
3. No proof shall be taken of any will nor a certificate of
probate thereof issued unless such will has been presented
within the applicable time set forth as follows:
(1) In cases where notice has previously been given in
accordance with section 473.033 of the granting of letters on
the estate of such testator, within six months after the date of
the first publication of the notice of granting of letters, or
within thirty days after the commencement of an action under
section 473.083 to establish or contest the validity of a will of
the testator named in such will, whichever later occurs;
(2) In cases where notice has not previously been given in
accordance with section 473.033 of the granting of letters on
the estate of testator, within one year after the date of death
of the testator;
(3) In cases involving a will admitted to probate in any
state, territory or district of the United States, other than this
state, which was the decedent's domicile, at any time during
the course of administration of the decedent's domiciliary
estate in such other state, territory or district of the United
States.
4. A will presented for probate within the time limitations
provided in subsection 3 of this section may be exhibited to
be proven, and proof received and administration granted on
such will at any time after such presentation.
5. A will not presented for probate within the time limitations
provided in subsection 3 of this section is forever barred from
admission to probate in this state.
6. Except as provided in section 537.021, RSMo, no letters of
administration shall be issued unless application is made to
the court for such letters within one year from the date of
death of the decedent.
S.B. 85, AL 1973 H.B 216, A.L. 1978 H.B. 1634, A.L. 1996 S.B.
494
NOTES:
PRIOR REVISIONS: 1929 531; 1919 519; 1909 549
(1964) The mere filing of a will does not 'present' the will to the
probate court. The jurisdiction of the court attaches when the will is
presented to the court by a proper petition by some person entitled
to take such action. State v. Hensley (A.), 385 S. W.2d 820.
(1965) Held that a notice of grant of letters testamentary begins a
continuous in rem proceeding and that the rejection of the alleged
will on which they were granted does not deprive the court of
jurisdiction and the limitation on actions provided in this section
operates from the publication of the original notice. State v.
Cleveland (Mo.), 387 SW2d 556.
(t 966) As jurisdiction of circuit court in will contest is only
derivative from probate court, it is without jurisdiction to entertain a
suit to establish or to contest a will which has not been presented
for probate. First Presbyterian Church of Monett v. Feist (A.), 397
SW2d 728.
(1997) Action by probate division is condition precedent to
bringing suit to set aside a will or to establish a will that has been
rejected. Brunig v. Humburg, 957 SW2d 345 (Mo.App.E.D.).
473.053. Testimony of subscribing witnesses,
other evidence
1. At least two of the subscribing witnesses to a written will
shall be examined if they are alive and competent to testify
and otherwise available. Before any will is probated each of
at least two witnesses thereto shall testify to facts showing
that the will was executed in accordance with section
474.320, RSMo. This section does not alter the rules of
evidence as to the establishment of a will by probate in
solemn form or affect the probate of a self-proved will.
2. If either or both of the subscribing witnesses to the will are
dead, physically or mentally incapable of testifying, or their
43
whereabouts unknown, then due execution of the will by
testator and its attestation by subscribing witnesses shall be
proved by the available subscribing witness, if any. and proof
of the handwriting of any dead or mentally incapacitated
subscribing witness or subscribing witness whose
whereabouts is unknown, or by such other competent
evidence as is available.
HISTORY: L 1955 p. 385 43, A.L. 1978 H.B. 1634, A.L. 1980
S.B. 637, A.L. 1981 S.B. 117, A.L. 1983 S.B. 44 & 45
473.057. Commission for testimony of
nonattendant witness
If a witness to any will for good cause shown is prevented
from attending at the time when an y will is produced for
probate, the clerk or court may issue a commission annexed
to the will or a photostatic copy thereof, and directed, if the
witness resides out of the United States to any court having a
seal. of any state, kingdom, republic or empire, or mayor or
other chief officer of any city or town having a seal. or to any
minister or consul of the United States to any country in
which the witness resides; if without this state and within the
United States, to any court having a seal, or to any notary
public in the state, territory or district in which the witness
resides; and if within this state, to any court having a seal, or
judge thereof, notary public, mayor, or other chief officer of
any city or town in the county where the witness resides,
empowering him to take and certify the attestation of the
witness. If any witness is a member of the armed forces of
the United States on active duty and out of this state, the
commission may be issued to any commissioned officer,
other than a warrant officer, of any of the armed forces of the
United States, on active duty, and shall authorize him to take
and certify the attestation of the witness.
S.B. 132, A.L. 1978 H.B. 1634
NOTES:
PRIOR REVISIONS: 1929 532; 1919 520; 1909 550
473.060. Testimony before officer. effect
If the witness appears before such officer and makes oath
or affirmation that the testator signed the writing annexed to
the commission, as his last will, or that the testator signed the
writing, of which the photostatic copy annexed to such
commission is a copy as his last will, or that some other
person signed it by his direction, and in his presence, that the
witness subscribed his name thereto in the presence of
testator, the testimony so taken shall have the same force as
if taken before the court or clerk.
HISTORY: RSMo 1939 534, A.L 1955 p. 385 45, A.L 1961 p.
653
NOTES:
PRIOR REVISIONS: 1929 533; 1919 521; 1909 551
473.063. Testimony to be recordedurecord as
evidence
1. All the testimony adduced in support of any will shall be
reduced to writing, signed by the witnesses and certified by
the clerk.
2 The record of the testimony of any witness so certified is
admissible in evidence in any action involving the validity of a
will upon a showing that the subscribing witness is dead,
mentally incapacitated or cannot be found.
HISTORY RSMo 1939 537, 541, AL 1955 p. 385 46, AL
1983 S.S. 44 & 45
NOTES:
PRIOR REVISIONS: 1929 536,540; 1919 524,528; 1909
554, 558
473.065. Probate of will, whenuprocedure for
contest
1. A will which appears to have the required signatures and
a certificate as provided in section 474.337, RSMo, showing
that the requirements of execution under section 474.320,
RSMo, have been met, shall be probated without further
proof.
2. Procedure for the contest of a will probated under
subsection 1 shall be as provided in section 473.083.
NOTES:
44
473.067. Proof of nuncupative wills
Proof of nuncupative wills is subject to the requirements of
section 474.340, RSMo.
HISTORY: L 1955 p. 385 47
473.070. Heirs, time limits to establish interest in
estateuposthumous heirs in gestation. mother has
right to file actionutime limitations
1. Any action to establish an interest in an estate by
descent shall be filed prior to the expiration of the applicable
objection period for a final settlement pursuant to section
473.590 or for a statement of account pursuant to subsection
4 of section 473.840.
2. The mother of an alleged heir who is not yet born and is in
gestation shall have the right to file an action in accordance
with subsection 1 of this section on behalf of the alleged heir.
HISTORY: L 1955 p. 385 48. A.L 1971 S.S. 85. AL 1985 S.S.
35. et al.. A.L 1989 H.B. 145. A.L 1996 S.B. 494
NOTES:
(1996) Illegitimate child may prove paternity during probate
pursuant to this section even if section 210.828 statute of limitations
has run. In the Matter of Carl Nocita. 914 SW.2d 358 (Mobane
1996).
473.073. Proof required for probate and grant of
administration
1. On the presentation and proof of a will to the clerk or
court, if the clerk or court finds that the testator is dead and
that the will was executed in all respects according to law,
and does not find that the will was revoked, the will shall be
admitted to probate as the last will of the testator.
2. On an application for letters, the clerk or court shall
determine whether the deceased died testate or intestate and
grant letters accordingly or on proper grounds, may deny the
application.
HISTORY: L 1955 p. 385 49, A.L 1961 p. 653
473.0n. Proceedings reopened, when
If the court determines the facts as provided in section
473.073, its order shall be final. subject to the following
exceptions:
(1) It may be reopened at any time, within six months from
the date of the first publication of notice of letters, for the
purpose of admitting a will to probate not theretofore
presented to the court except that. if a previous will has been
probated or rejected, it may not be reopened after the time
for bringing a proceeding under section 473.083;
(2) It may be vacated or modified for good cause as
provided in section 472.150, RSMo;
(3) The finding that the alleged decedent is dead is not final
or conclusive.
HISTORY: L 1955 p. 385 50, A.L 1971 S.B. 85
(1957) A contingent debtor who was defendant in action brought
by administrator held entitled to attack validdy of appointment of
administrator and to appeal from order denying removal of
administrator. In re Dugan (Aj, 309 S.w.(2d) 137. Same rule
applies to appointment of guardian of minors. In re Dugan (A.). 309
SW.2d 145.
473.080. Certificate of probate, contents--
evidence
The certificate of probate or rejection granted under section
473.047 shall be attached to each written will which is in the
custody of the court. Such certificate shall set forth the
names of the witnesses examined together with their
testimony. If for any reason a written will is not in the custody
of the court, the court shall find the contents thereof, and the
order admitting the will to probate shall state the contents
and a certificate shall be annexed as above provided. Every
will certified as herein provided, or the record thereof, or a
duly certified transcript of the record, may be read in
evidence in the courts in this state without further proof.
HISTORY: L 1955 p. 385 51
45
473.081. Probate of portion of will
When part of a will is not admissible to probate because of
fraud, duress, undue influence, mistake, ignorance of the
testator of its content, partial revocation, or other cause, the
other parts of the will may be admitted to probate under
sections 473.073 and 473.083.
HISTORY: l. 1980 5.B. 637
473.083. Will binding, when--contest of will,
when, procedure
1. Unless any person interested in the probate of a will
appears within six months after the date of the probate or
rejection thereof by the probate division of the circuit court, or
within six months after the first publication of notice of
granting of letters on the estate of the decedent, whichever is
later, and, by petition filed with the clerk of the circuit court of
the county, contests the validity of a probated will, or prays to
have a will probated which has been rejected by the probate
division of the circuit court, then probate or rejection of the
will is binding. An heir, devisee, trustee or trust beneficiary
under another purported will of the same decedent, and a
person who has acquired, before or after the death of the
testator. all or part of the interest of such heir or devisee by
purchase, gift, devise, intestate succession, mortgage or lien,
is interested in the probate of a will for purposes of this
section.
2. Whenever it is shown or appears to and is found by the
judge of the probate division that any person interested in the
probate of a will is a minN or mentally incapacitated person,
and th at the filing of a contest may be to the interest of the
minor or person, the court shall appoint a guardian ad litem
for the minor or person, who shall file or join in the contest
within the time fixed by subsection 1 of this section.
3. It is not necessary to join as parties in a will contest
persons whose interests will not be affected adversely by the
result thereof. Subject to the provisions of section 472.300,
RSMo, persons not joined as parties in a will contest are not
bound by the result thereof and have no rights in or to any
consideration given for dismissal pursuant to subsection 8 of
this section.
4. Upon filing of the petition the clerk of the circuit court shall
immediately notify the probate division of the circuit court and
transmit to it a copy of the petition within ten days after its
filing.
5. Any contest of the validity of a probated will or any prayer
to have probated a will which has been rejected by the judge
of the probate division shall be heard before a circuit judge
other than the judge of the probate division, provided,
however, that with the consent of the judge of the probate
division, such actions may be filed in or transferred to the
probate division for hearing. Service of summons, petition,
and subsequent pleadings thereto together with all
subsequent proceedings in such will contest proceedings
shall be governed by the Missouri Rules of Civil Procedure
and the provisions of The Civil Code of Missouri which are in
effect.
6. In any such action the petitioner shall proceed diligently to
secure and complete service of process as provided by law
on all parties defendant. If service of process is not secured
and completed upon all parties defendant within ninety days
after the petition is filed, the petition, on motion of any
defendant duly served upon the petitioner or his attorney of
46
record, in the absence of a showing by the petitioner of good
cause for failure to secure and complete service, shall be
dismissed at the cost of the petitioner.
7. If a timely petition is filed, it and the answer or answers
thereto shall frame the issues of intestacy or testacy or which
writing or writings constitute the decedent's will. The issues
shall be tried by a jury, or if no party requires a jury, by the
court, and the judgment thereon shall determine the issues.
The verdict of jury or the finding and judgment of the court is
final, saving to the court the right of granting a new trial and
to the parties the right of appeal as in other cases.
8. Any such action may be voluntarily dismissed, after the
period of contest has expired, by consent of all parties not in
default, at the cost of the party or parties deSignated, at any
time prior to final judgment. Dismissal under this subsection
shall not be considered a compromise of the action requiring
court approval pursuant to sections 473.084 and 473.085,
even though the parties have contractually agreed to an
exchange of consideration for such dismissal or consent, and
even though others similarly situated do not partiCipate in
such consideration.
9. If the action is dismissed under the provisions of
subsection 6 or 8 of this section, the judge of the probate
division shall proceed with the administration of the estate in
accord with his previous order admitting the will to probate or
rejecting a will as if the petition had never been filed with the
clerk of the circuit court.
(1971) The term 'interested in the probate of a will' as used in this section
requires a contestant to have a financial interest in the estate, and one which
would be benefited by setting the will aside. State ex rei. Cooper v. Cloyd
(Mo.), 461 SW.2d 833.
(1971) Where all legatees named in will were not named and served as
defendants in will contest sun unW after sixty days from date petition was
filed and no attempt was made to show good cause for failure to do so suit
was properly dismissed Doran v. Wurth (Mo.), 475 SW.2d 49. '
(1973) Right of action to contest a will is purely statutory and in derogation
of common law. Where coexecutors failed to adequately advise probate
coun of decedents son's whereabouts, statute of limitation was not tolled
Haas v. Haas (Mo.), 504 S.w.2d 44.
Legatee names individually in body of petition was duly served as
an indiVidual even though names in caption of petition and summons in his
capacity as executor only. Watson v. Watson (Mo), 562 S.w.2d 329.
(1984) The only question that may be litigated in a will contest is whether a
document is the last will and testament of the decedent. and no other claims
may be joined. Romann v. Vuechmann (Mo. App.), 686 SW.2d 25.
(1987) As used in this section, the term 'adversely affected' means that
the may lose some benefrt if the will contest succeeds. not if the will
contest falls .. Zlmmerman v. Preuss, 725 S.w.2d 876 (Mo. banc 1987).
A.will contest may be dismissed voluntarily with prejudice pursuant
to thIS section and the estate distributed in aocordance with coun approved
settlement agreement of parties to will contest pursuant to sections 474.084
474.085 so as agreement is reasonable and takes into account all
parties Incfudlllg those that may not be parties to will contest.
Mamouhan Y. St Louis University, 732 S.w.2d 512 (Mo. bane 1987).
(1996) The requirements of sections 473.017 and 473.033 must be
before the statutory bar of this section may be exercised to exclude
a Will contest In an open estate. Bosworth v. Sewell. 918 S.w.2d 773
(Mo.bane 1996).
(199.1) by probate division is condition preCedent to bringing to
set aSide a Will or to establish a will that has been rejected. 8runig v.
Humburg,957 SW.2d 345 (MoApp.E.D.).
473.084. Compromise of controversy as to
probate. when binding
A compromise of any controversy as to admission to
probate of any instrument offered for probate as the will of a
decedent, the construction, validity, or effect of any probated
will, the rights or interest in the estate of the decedent of any
successor, or the administration of the estate, if approved in
a proceeding in the court for that purpose, is binding on all
the parties thereto, including those unborn, unascertained, or
who could not be located. An approved compromise is
binding even though it may affect a trust or an inalienable
interest. A compromise does not impair the rights of creditors
or of taxing authorities who are not parties to it.
HISTORY: L 1980 S.8. 637
NOTES
47
473.085. Court approval of compromise.
procedure for securing
The procedure for securing court approval of a compromise
is as follows:
(1) The terms of the compromise shall be set forth in an
agreement in writing which shall be executed by a/l
competent persons and parents acting for any minor child
having beneficial interests or having claims which will or may
be affected by the compromise. Execution is not required by
any person whose identity cannot be ascertained or whose
whereabouts are unknown and cannot reasonably be
ascertained;
(2) Any interested person, including a personal
representative or trustee, may then submit the agreement to
the court for its approval and for execution by the personal
representative, the trustee of every affected testamentary
trust, and other fiduciaries and representatives;
(3) After notice to all interested persons or their
representatives, including the personal representative of the
estate and all affected trustees of !rullts, the court in which
the controversy is pending. if it finds that the contest or
controversy is in good faith and that the effect of the
agreement upon the interests of persons represented by
fiduciaries or other representatives is just and reasonable,
shall make an order approving the agreement and directing
all fiduciaries over which it has jurisdiction to execute the
agreement. Minor children represented only by their parents
may be bound only if their parents join with other competent
persons in execution of the compromise. Upon the making of
the order and the execution of the agreement, all further
disposition of the estate is in accordance with the terms of
the agreement.
HISTORY: L 1980 S.8. 637, A.L 1982 S.B. 700 Revision
473.087. Will not effective until probated
No will is effectual for the purpose of proving title to, or the
right to the possession of, any real or personal property,
disposed of by the will, until it has been admitted to probate.
HISTORY: L. 1955 p. 385 53
(1967) Joint will of deceased wife and surviving husband nol
offered for probate after death of wife, had no standing as a will and
was ineffectual for the purpose of proving title to or right to
possession of real estate. Gumiak v. Liszewski (Mo.), 411 SW.2d
84.
473.090. Refusal of letters
1. Notwithstanding the limitation periods provided in section
473.050, the probate division of the circuit court, in its
discretion, may at any time refuse to grant letters in the
following cases:
(1) When the estate of the decedent is not greater in
amount than is allowed by law as exempt property and the
allowance to the surviving spouse or unmarried minor
children under section 474.260, RSMo;
(2) When the personal estate of the decedent does not
exceed fifteen thousand dollars and there is no widower
widow or unmarried minor children, any creditor of the '
decedent whose claim has not been barred by section
473.444 or any creditor of the estate may apply for refusal of
letters by giving bond in the sum of not less than the value of
the estate, the bond to be approved by the court, conditioned
upon the creditor's obligating himself or herself to pay, so far
as the assets of the estate will permit, the debts of the
decedent in the order of their preference, and to distribute the
balance, if any, to the persons entitled to such balance under
the law. Liability of the sureties on the bond shall terminate
unless proceedings against them are instituted within two
years after the bond is filed. The court may dispense with the
filing of a bond if the court finds the bond is not necessary.
2. Proof may be allowed by or on behalf of the widower,
widow, unmarried minor children or creditor before the court
of the value and nature of the estate, and if the court is
satisfied that no estate will be left after allowing to the
surviving spouse or unmarried minor children their exempt
property and statutory allowances or that the personal estate
does not exceed fifteen thousand dollars when application is
made by a creditor, the court may order that no letters of
administration shaH be issued on the estate, unless, upon the
application of other creditors or parties interested, the
existence of other or further property is shown.
3. After the making of the order, and until such time as it may
be revoked, the surviving spouse, unmarried minor children
or creditor may collect and sue for all the personal property
belonging to the estate, if a surviving spouse or creditor, in
the same manner and with the same effect as if the person
had been appointed and qualified as executor or
administrator of the estate, and if minor children, in the same
manner and with the same effect as now provided by law for
proceedings in court by infants in bringing suit.
4. When the estate of the decedent includes real estate and
its value, less liens and encumbrances, together with the
personal property, is not greater in value than the exempt
property and allowances to the surviving spouse or
unmarried minor children, the surviving spouse or unmarried
minor children are entitled to such real property and may
make record evidence of title to such real property without
appointment of an executor or administrator by filing in the
office of the recorder of deeds of each county where the real
48
property is situated a certified copy of the order of refusal of
letters, describing the real property, naming the persons
entitled to such real property and showing their right to
succeed to the property.
5. The surviving spouse or unmarried minor children who
receive property of the estate under this section may retain
such property, but a creditor receiving property under this
section shall apply the proceeds of such property to debts of
the estate in the order in which claims against the estate of
deceased persons are now classified and preferred by law,
and shall distribute the balance, if any, to the persons entitled
thereto under the law. Upon compliance with this procedure,
the real estate involved shall not thereafter be taken in
execution for any debts or claims against the decedent, but
the compliance has the effect of establishing the right of the
surviving spouse or unmarried minor children to succeed to
the real property; however, nothing in this section shall affect
the right of secured creditors with respect to the real
property.
6. Any person who has paid funeral expenses or debts of
decedent is deemed a creditor for the purpose of making
application for the refusal of letters of administration under
this section and is subrogated to the rights of the original
creditor.
CROSS REFERENCES: Administrators, profit on publication of
notices or advertisements prohibited, RSMo 493. 1 30, 493. 140
472. 140
521.430
Bi-state development agency, bonds of,lnvestment in authorized
RSMo 70.377 '
provisions, RSMo 267.555
Declaratory judgment, executor or administrator may obtain as io
rights, RSMo 527.040
Definition of terms and general provisions, Chap. 472, RSMo
443.160 to 443.180
Public officer, executor or administrator of to deliver records
RSMo 109.020 to 109.040 '
Savings accounts in insured savings and loan associations
investment in authorized, RSMo 369.194 '
Tax assessment list, executor or administrator to give assessor
RSMo 137.350 '
473.091. Clerk's duties as to certain forms .. not
practice of law
Upon requesllo the judge of the probate division of the
circuit court, clerks of the court may under his supervision
assist in filling out all forms necessary for obtaining an order
of refusal of letters of administration pursuant to section
473.090, and the performance of the duties required by this
section shall not constitute the practice of law as defined in
section 484.010, RSMo.
HISTORY: L. 1980 S.B. 637, A.L. 1981 S.B. 117
NOTES:
473.092. Court may order administration
previously commenced pursuant to guardianship
law, dispensed with, when
At any time during a proceeding commenced pursuanllo
this chapler, or, after the dealh of a ward, al any time during
a proceeding commenced pursuant 10 chapter 475, RSMo,
upon pelition by any person who could have applied to the
court pursuanllo section 473.090 or section 473.097, if the
court finds the requirements of either section would have
been initially met, the court may order the pending matter be
completed under section 473.090 or section 473.097 and
proceed pursuant to either section as authorized by statute.
The court may proceed wilh or without notice 10 any
interested party.
NOTES:
473.095. Apportionment of property between
surviving spouse and children
In cases arising under sections 473.090 and 473.093, the
court, if it finds that it would be just and equitable to make an
apportionment of property between a surviving spouse and
unmarried minor children, shall in its order thereunder make
such division of the property as will effectuate the
apportionment.
L. 1957 p. 829
49
473.097. Small estate distribution of assets
without letters, when .. affidavit procedure fee
1. Distributees of an estate which consists of personal
property or real property or both personal and real property
have a defeasible right to the personal property, and are
entitled to the real property of such estate, as provided in this
section, without awaiting the granting of leiters testamentary
or of administration, if all of the following conditions are met:
(1) The value of the entire estate, less liens and
encumbrances, does not exceed forty thousand dollars;
(2) Thirty days have elapsed since the death of the
decedent and no application for leiters or for administration
or for refusal of letters under section 473.090 is pending or
has been granted, or if such refusal has been granted and
subsequenUyrevoked;
(3) A bond, in an amount not less than the value of the
personal property, approved by the judge or clerk of the
probate division is filed by the person making the herein
required affidavit conditioned upon the payment of the debts
of the decedent, including any debts to the state of Missouri
the expenses of funeral and burial and compliance with '
future orders of the court in relation to the estate of the
decedent; and further conditioned that any part of the
property to which the distributee is not entitled will be
delivered to the persons entitled to the property under the
law. Liability of the sureties on the bonds provided for in this
section terminates unless proceedings against them are
instituted within two years after the bond is filed; except that,
the court may dispense with the filing of a bond if it finds that
the same is not necessary;
(4) A fee, in the amount prescribed in subdivision (4) of
subsection 1 of section 483.580, RSMo, and when required,
the publication cost of the notice to creditors are paid or the
proof of payment for such publication is provided to the clerk
of the probate court.
2. Notwithstanding the limitation periods set out in section
473.050, the affidavit required by this section may be made
by the person deSignated as personal representative under
the will of the decedent, if a will has been presented for
probate within the limitation periods speCified in section
473.050, otherwise by any distributee entitled to receive
property of the decedent any time after thirty days after
decedenfs death, and shall set forth all of the following:
(1) That the decedent left no will or, if the decedent left a
will, that the will was presented for probate within the
limitation periods specified in section 473.050;
(2) That all unpaid debts, claims or demands against the
decedent or the decedent's estate and all estate taxes due if
any, on the property transfers involved have been or will
paid, .except that any liability by the affiant for the payment of
unpaId claIms or demands shall be limited to the value of the
property received;
(3) An itemized description and valuation of property of the
decedent. As used in this subdivision, the phrase property of
the decedent" shall not include property which was held by
the decedent as a tenant by the entirety or a joint tenant at
the time of the decedent's death;
(4) The names and addresses of persons having
possession of the property;
(5) The names, addresses and relationship to the decedent
of the persons entiUed to and who will receive, the specific
items of property remaining after payment of claims and
debts of the decedent, included in the affidavit;
(6) The facts establishing the right to such specific items of
property as prescribed by this section.
The certificate of the clerk shall be annexed to or endorsed
on the affidavit and shall show the names and addresses of
the persons entitled to the described property under the facts
stated in the affidavit and shall recite that the will of decedent
has been probated or that no will has been presented to the
court and that all estate taxes on the property, if any are due,
have been paid.
3. A copy of the affidavit and certificate shall be filed in the
office of the clerk of the probate division and copies of the
affidavit and certificate shall be furnished by the clerk.
4. The distributees mentioned in this section may establish
their right to succeed to the real estate of the decedent by
filing a copy of the foregoing affidavit and certificate of the
clerk in the office of the recorder of deeds of each county
where the real property is situated.
5. When the value of the property listed in the affidavit is
more than fifteen thousand dollars, the clerk shall cause to
be published in a newspaper of general circulation within the
county which qualifies under chapter 493, RSMo, a notice to
creditors of the decedent to file their claims in the court or be
forever barred. The notice shall be published once a week for
two consecutive weeks. Proof of publication of notice
pursuant to this section shall be filed not later than ten days
after completion of the publication. The notice shall be in
substantially the following form:
To all persons interested in the estate of ...................... , Dece
dent:
On the ................................... day of .......................... ,
19 ... , a small estate affidavit was filed by the distributees for t
he decedent under section 473.097,
RSMo, with the probate division of the circuit court of
......................... County, Missouri.
All creditors of the decedent, who died on ........................ , 19
... ,are notified that section 473.444 sets a limitation period th
at would bar claims one year after the death of the decedent
. A creditor may request that
this estate be opened for administration.
Receipt of this notice should not be construed by the
reCipient to indicate that the recipient may possibly
have a beneficial interest in the estate. The
nature and extent of any person's interest, if any, may
50
possibly be determined from the affidavit on this estate
filed in the probate division of the circuit
court of ..................... County, Missouri.
Date of first publication is ................................. ,
19 ................................................... .
Clerk of the Probate Division of the Circuit Court
................. County, Missouri
6. Upon compliance with the procedure required by this
section, the personal property and real estate involved shall
not thereafter be taken in execution for any debts or claims
against the decedent, but such compliance has the same
effect in establishing the right of distributees to succeed to
the property as if complete administration was had; but
nothing in this section affects the right of secured creditors
with respect to such property.
7. The affiant shall collect the property of decedent described
in the affidavit. The property of decedent shall be liquidated
by the affiant to the extent necessary to pay debts of
decedent. If the decedent's property is not sufficient to pay
such debts, abatement of the shares of the distributees shall
occur in accordance with section 473.620. The affiant shall
distribute the remaining property to such persons identified in
the affidavit as required in subdivision (5) of subsection 2 of
this section who are entitled to receive the specific items of
personal property, as described in the affidavit, or to have
any evidence of such property transferred to such persons.
To the extent necessary to facilitate distribution, the affiant
may liquidate all or part of decedent's property.
HISTORY: L. 1955 p. 385 54, A.L. 1957 p. 829, A.L. 1967 p. 640,
A.L. 1971 S.8. 19, A.L. 1973 S.B. 112, A.L. 1978 H.B. 1634, A.L.
1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1985 S.B. 35, et ai, AL.
1986 S.B. 787, A.L.1993 S.B. 88, A.L.1994 S.B. 701, A.L.1996
S.B.494
NOTES:
473.100. Effect of acquittances by distributees of
small estate
The person making payment, delivery, transfer or issuance
of personal property or evidence thereof pursuant to the
affidavit prescribed in section 473.097 is discharged and
released to the same extent as if made to an executor or
administrator of the decedent, and he is not required to see
to the application thereof or to inquire into the truth of any
statement in the affidavit if made by any other person. If any
person to whom the affidavit is delivered refuses to
deliver, transfer, or issue any personal property or eVidence
thereof, it may be recovered or its payment, delivery,
transfer, or issuance compelled in an action brought for that
purpose by or on behalf of the persons entitled thereto under
section 473.097, upon proof of the defeasible right declared
by such section. Any person to whom payment, delivery,
transfer or issuance is made is answerable and accountable
therefor to any administrator or executor of the estate or to
the surviving spouse or minor children of the decedent who
proceed under section 473.090 or 473.093 or to any other
person having a superior right.
HISTORY: L 1955 p. 385 55
473.107. Small estate appraised, when
The probate division of the circuit court in its discretion may
order the appraisal of the property before a certificate is
made under section 473.097 or before an order refusing
letters is made under section 473.090. The appraisal shall be
made by one or more appraisers appointed by the court and
the cost thereof shall be paid by the persons entitled to the
property in accordance with the order of the court.
HISTORY: L 1955 p. 385 58, A.L 1971 S.8. 163, A.l. 1978 H.B.
1634
473.110. Persons entitled to letters
1. Letters testamentary shall be granted to the personal
representative or personal representatives designated in the
will. If part of the persons designated in the will are found by
the court to be incompetent, unsuitable or improper or are
disqualified or fail to apply for letters, letters shall be
to the others designated, and if all personal representatives
designated are found by the court to be incompetent,
unsuitable or improper or are disqualified or fail to apply,
letters shall be granted to some other qualified person. .
2. Letters of administration shall be granted to the follOWing
persons if otherwise qualified:
(1) To the husband or wife;
(2) To one or more of those who are entitled to distribution
of the estate, who the court shall believe will best manage
51
and preserve the estate. A conservator of a distributee is not
entitled to preference;
(3) If the court believes no one of the persons entitled to
administer is a competent and suitable person, or if any such
person fails to apply for letters when directed by the court,
some other person may be appOinted;
(4) A person entitled to letters of administration under
subdivision (1) or (2) of this subsection, or who would be
entitled thereto but for section 473.117, may, if he has
attained the age of eighteen years and has sufficient mental
capacity for the purpose, nominate a qualified person to act
as personal representative. Any such person may renounce
his right to nominate or to be appointed by an appropriate
writing filed with the court. When two or more persons share
a priority, those of them who do not renounce must concur in
nominating another to act for them or in applying for
appointment.
3. A natural person or corporate fiduciary, otherwise
qualified, who is a nonresident of this state may be appointed
as a personal representative.
(1967) A sister h as no priority to the appointment as an
administratrix ad litem as statutory provisions as to preferences
which are applicable to cases of general administration do not
govern the appointment of a special or temporary administrator
pendente lite, and the probate court, in its discretion, may appoint
some suitable person without regard to priorities. State v. Ross (A.),
420 S.w.2d 365.
notices or advertisements prohibited, RSMo 493.130, 493.140
472.140
521.430
RSMo 70.377
Declaratory jUdgment, executor or administrator may obtain as to
443.160 to 443.180
RSMo 109.020 to 109.040
RSMo 137.350
473.113. Letters granted to others, when
Letters may be granted at any time to any person deemed
suitable if the persons entitled to preference file their
renunciation thereof, in writing, with the clerk of the court.
HISTORY: RSMo 1939 9, A.L. 1955 p. 385 61, A.L. 1980 S.B.
637
NOTES:
PRIOR REVISIONS: 1929 9; 1919 9; 1909 17
473.117. Persons and corporations disqualified
as personal representative . designation required ..
service of process, how made
1. None of the following persons shall be appointed as a
personal representative:
(1) No fulltime judge of any court of this state or clerk,
deputy clerk or division clerk of any court, but a judge, clerk,
deputy clerk or division clerk may serve as a personal
representative for a decedent who was a spouse or who was
within the third degree of relationship by consanguinity or
affinity as calculated according to the civil law;
(2) A person under the age of eighteen years or of unsound
mind;
(3) A person who is under legal disability as a result of
conviction of a crime;
(4) A habitual drunkard;
(5) Except as otherwise provided by section 362.600,
RSMo. a corporation, partnership or association organized
under the law of a state or country other than the state of
Missouri, or any United States national banking association
having its principal place of business outside the state of
Missouri;
(6) No personal representative of a personal
representative, in consequence thereof, shall be a personal
representative of the first decedent.
2. When any corporation is named as personal
representative in any will hereafter executed, and qualifies as
such, the presumption is that the will was not prepared by a
salaried employee of such corporation. However, upon the
application of any heir or devisee, made in the probate
division of the circuit court of the county for the removal of
such personal representative, said presumption may be
rebutted by evidence satisfactory to the court hearing the
application, unless the will or some codicil or certificate
attached thereto contains a recital that at or before the
execution of the will the testator had advice or counsel in
relation thereto from someone not under salary from such
corporation. In the absence of such recital, the court may on
52
such application and upon satisfactory evidence that said will
was prepared by a salaried employee of the corporation
revoke the appointment of and remove such corporation as
personal representative.
3. Before a nonresident of this state or a corporation
organized under the laws of another state or country is
issued letters testamentary or of administration he, she or it
shall file in the probate division of the circuit court a
designation, including the signature and address, of a
resident of this state, or a corporation of this state authorized
to administer trusts, as agent for the service of process on
and the receipt of notice by such nonresident or foreign
corporation. This designation shall be recited in the letters
testamentary or of administration. Such a designation may be
revoked only by a new designation of an agent for service
and notice in this state, which shall be endorsed on the
letters testamentary or of administration. By filing such
deSignation, the nonresident submits personally to the
jurisdiction of the court in all proceedings relating to the
administration of the estate and to the performance of his
. fiduciary duties until discharged of those duties by the court.
4. Service of process may be made upon a personal
representative who is a nonresident of this state, or a
corporation organized under the laws of another state or
country, by registered or certified mail, addressed to his, her
or its last reasonably ascertainable address Notice by
ordinary first class mail is sufficient if registered or certified
mail service to the addressee is unavailable. Service may be
made upon such a personal representative in the manner in
which service could have been made under other laws of this
state on either the personal representative or his decedent
immediately prior to death. If service is made upon a
personal representative as provided in this subsection, he
shall be allowed at least thirty days within which to appear or
respond.
HISTORY: RSMo 1939 6,10, A.L. 1955 p. 385 62, A.L. 1978
H.B. 1634, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1985 S.8.
35, et aI., A.L. 1986 S.B. 787, A.L. 1987 H.B. 637
NOTES:
PRIOR REVISIONS: 1929 6, 10; 1919 6,10; 1909 14,
18
(1987) This section does not permanently disqualify a person
convicted of a felony from being appointed personal representative;
rather the court in making the appointment is to consider whether
~ u c h . conviction is reasonably related to the competency of the
IndiVidual to fulfill the duties of personal representative pursuant to
the proviSions of section 561.016. In Re Estate of Foxworth, 732
S,W,2d 931 (Mo.App. 1987).
473.120. Form of letters testamentary
Letters testamentary issued to executors may be in the
following form: County of ....... ss.
The state of Missouri to all persons to whom these
presents shall come,
greeting: Know ye, that the last will of ...... , deceased, has, in
due form of law, been exhibited, proved and recorded,
and inasmuch as it appears that... .. has been appointed
executor in and by the said last will to execute the
same and to the end that the property of the testator may be
preserved for those who appear to have a legal right or
interest therein, and that the said last will may be executed
according to the request of the testator, we do
hereby authorize ........ , as such executor, to take possession
and control of all personal property,
owned by the said ...... at the time of his death,
except the exempt property of the surviving spouse or unmar
ried minor children, in whosesoever possession the same is
found and to perform and fulfill all duties enjoined upon
him by the will, so far as there shall be
property and the law charges him, and in general to do and
perform all other things which are required of him by law.
In testimony whereof, I, ........ , clerk of the probate division of
the circuit court in and for said county of ........ , have
Hereunto signed my name and affixed the seal of
said probate division, at office, this ..... day of
..... , AD ................................ .
HISTORY RSMo 1939 37, A.L 1955 p. 385 63, AL 1978
H.B. 1634
NOTES:
PRIOR REVISIONS: 1929 37; 1919 36; 1909 44
53
473.123. Form of letters of administration
Letters of administration issued in this state may be in the
following form: County of ......... ss.
The state of Missouri to all persons to whom these presents
shall come,
greeting: Know ye, that whereas ............ , late of the county of
............ , died intestate, as it is said, having at the time of his
death, property in this state, which may be lost, destroyed or
diminished in value if speedy care be not taken of the same.
To the end, therefore, that said property may be collected,
preserved and disposed of according to law, we do
hereby appoint ......... administrator of all personal property
owned by ............ at the time of his death, except the exempt
property of the surviving spouse or unmarried minor
children, with full power and authority to secure
and dispose of said property according to law, and collect all
moneys due said decedent, and in general to do and
perform all other acts and things which are required of him by
law.
In testimony whereof, I ........ , clerk of the probate division
of the circuit court in and for the county of ............ aforesaid,
have hereunto signed my name and affixed the seal of said
probate division, at office, this ......... day of ................... , AD.
19 .............................. ..
HISTORY RSMo 1939 38, A.L. 1955 p. 385 64, AL 1978
H.B. 1634
NOTES:
PRIOR REVISIONS: 1929 38; 1919 37; 1909 45
473,127. Letters c.t.a. and d,b.n" form
In all cases where letters of administration with will
annexed, letters of administration de bonis non, during
minority or absence, are issued by the judge or clerk of the
probate division, the same shall be issued in conformity to
the foregoing forms, as near as may be, taking care to make
the necessary variations, additions or omissions to suit each
particular case.
HISTORY: RSMo 1939 39, A.L. 1955 p. 385 65, AL. 1978
H.B.1634
NOTES:
PRIOR REVISIONS: 1929 39; 1919 38; 1909 46
473.130. Letters or copies, evidence
Letters or copies of the record thereof, duly certified under
the seal of the proper court, shall be evidence.
HISTORY: RSMo 1939 36, A.L. 1955 p. 385 66
NOTES:
PRIOR REVISIONS: 1929 36; 1919 35; 1909 43
473.133, Administrator during minority or
absence
If the executor named in a will is a minor or absent from the
state, letters may be granted, during the time of minority or
absence, to some other person who shall take charge of the
property and administer the same according to law, under the
direction of the court.
HISTORY: RSMo 1939 13, A.L. 1955 p. 385 67
NOTES:
PRIOR REVISIONS: 1929 13; 1919 13; 1909 21
473.137. Administrator pending contest,
appointed whenuduties
1. If the validity of a will is contested by any person who,
after a hearing in the probate division, is found to be
interested in the probate of the will, the court shall grant
letters of administration to the executor named in the will, if
he has no beneficial interest in the estate save the
compensation allowed by law to executors, upon giving bond
in such amount as the court may require.
2. If, after such hearing, it appears that the executor named
in the will has an interest adverse to any such contestant of
the will, the court may, in its discretion, grant letters of
administration to some disinterested person or corporation,
who shall give proper bond.
3. An administrator appointed pursuant to this section shall
proceed with the administration of the estate until termination
of the will contest, at which time he shall account to the
executor or legal administrator when qualified, and, if it shall
appear to the court that the decedent died possessed of real
estate in the state, the court shall direct him to take charge of
and manage such real estate until the termination of such will
contest.
H.B.1634
NOTES:
PRIOR REVISIONS: 1929 14
54
473.139. Resignation by executor or
administrator, procedure, effect
Upon petition of an executor or administrator, and after the
filing of his final settlement as required by subdivision (3) of
subsection 2 of section 473.540, the court, for good cause
shown, may permit him to resign and upon accepting his
resignation shall revoke his letters. The effect of the
resignation and revocation is the same as in other cases of
revocation of letters. The petition may be heard without
notice or after giving notice to the persons and in the manner
directed by the court.
HISTORY: L. 1957 p. 829
473.140. Removal of personal representative
If any personai representative becomes mentally
incapacitated or is convicted of a felony or other infamous
crime, or becomes an habitual drunkard, or in any manner
incapable or unsuitable to execute the trust reposed in him,
or fails to discharge his official duties, or wastes or
mismanages the estate, or acts so as to endanger any
corepresentative, or fails to answer any citation and
attachment to make settlement, the court, upon its own
motion, or upon complaint in writing made by any person
interested supported by affidavit, after notice to the personal
representative, and to the attorney of record, if any, of any
personal representative who cannot be served with notice in
this state, shall hear the matter and may revoke the letters
granted.
HISTORY: RSMo 1939 10,43, A.L. 1955 p. 385 69, A.L.
1980 S.B. 637, AL 1983 S.B. 44 & 45
NOTES
PRIOR REVISIONS: 1929 10,43; 1919 10,42; 1909
18,50
(1962) Administrator was guilty of breach of trust and properly
removed where estate was grossly mismanaged and could have
been settled in 2 years but was delayed for 7 years, during which
time only 3 settlements were filed though no extension of time was
obtained. Credits were properly disallowed for expenses caused by
administrator's mismanagement and delay. In re Alexander's Estate
(Mo.), 360 SW.2d 92.
(1975) Moving to another state is not equivalent to becoming a
'nonresident' absent intent to remain there. In re Estate of Ritter
(A.), 518 S.w.2d 453.
473.143. Revocation of letters on finding will
1. If, after letters of administration are granted, a will of the
deceased is found, and probate thereof granted, the letters
shall be revoked, and letters testamentary granted.
2. If a will is proved, and letters thereon granted, and the
probate thereof is afterward set aside, the letters shall be
revoked, and other letters granted of the goods
unadministered.
HISTORY: RSMo 1939 40, 41, A.L. 1955 p. 385 70
NOTES:
PRIOR REVISIONS 1929 40,41; 1919 39,40; 1909
47.48
473.147. Administrator d.b.n., when appointed
1. If all the executors or the administrator of an estate die
or reSign or their letters are revoked, letters of administration
of the goods remaining unadministered shall be granted in
the discretion of the court to any qualified beneficiary or
beneficiaries mentioned in the will, if any, or to any person to
whom administration could have been granted if original
letters had not been obtained.
2. If, after final settlement of an estate is had and the
executor or administrator has been discharged,
unadministered assets of the estate are discovered, letters of
administration of the goods remaining unadministered, if
there are unpaid allowed claims or if other good cause is
shown, may be granted to those to whom administration
would have been granted if the original letters had not been
obtained. Any person to whom such letters are granted shall
make his final settlement and be discharged as soon as
possible after letters are granted.
3. Any administrator appointed under this section shall
perform like duties and incur like liabilities as a former
executor or administrator.
HISTORY: RSMo 1939 47, A.L. 1955 p. 385 71
NOTES:
PRIOR REVISIONS: 1929 47; 1919 46; 1909 54
(1977) Discovery of unadministered assets standing alone is not
sufficient to bring about operation of the statute. Matter of the Estate
of Waller (A.), 559 S.w.2d 312.
55
473.150. Remaining executor or administrator to
continue
If there is more than one executor of an estate, and the
letters of part of them are revoked or surrendered, or part of
them dies, those who remain shall discharge all the duties
required by law respecting the estate, except that the court, if
it finds same to be in the interests of the estate, may revoke
the letters testamentary of the surviving executor. and issue
letters of administration with the will annexed to the survivor
and some other qualified person to whom administration
could have been granted if original letters had not been
issued.
HISTORY: RSMo 1939 46, A.L. 1955 p. 385 72
NOTES:
PRIOR REVISIONS: 1929 46; 1919 45; 1909 53
473.153. Compensation of personal
representatives, accountants and attorneys
1. If a testator by will makes provision for the compensation
of his personal representative, that shall be allowed and
taken as his full compensation unless he files in the court a
written instrument renouncing all claim for the compensation
provided by the will before qualifying as personal
representative. When no compensation is provided in the will,
or when there is no will, or when the personal representative
renounces all claim to the compensation provided in the will,
the compensation of the personal representative shall be
determined pursuant to this section. When there is only one
personal representative he shall be allowed as the minimum
compensation for his services the following percentages of
the value of the personal property administered and of the
proceeds of all real property sold under order of the probate
court:
On the first
On the next
On the next
On the next
On the next
On all over
$ 5,000, 5 percent;
20,000,4 percent;
75,000, 3 percent;
300,000, 2 3/4 percent;
600,000,2 1/2 percent;
1,000,000, 2 percent.
In any case where reasonable compensation to the personal
representative is in excess of the minimum provided in the
above schedule, the court shall allow such additional
compensation as will make the compensation of the personal
representative reasonable and adequate. Performance by
the personal representative of extraordinary services is not
necessary to entitle him to such additional compensation.
Such percentages shall be computed on the value of the
personal property at the time of disbursement or distribution
thereof, except that where it is necessary to allow
compensation before the property is disbursed or distributed,
or to allow compensation to a personal representative who
has been succeeded by another personal representative, the
court may determine the fair market value of property at the
time of making the allowance and base such percentage
thereon.
2. When there are two or more joint or successor personal
representatives they shall be allowed in the aggregate
reasonable compensation for their services, not exceeding
twice the minimum provided for in the schedule set forth in
subsection 1 of this section or five percent of the value of the
personal property administered and of the proceeds of the
real property sold under order of the probate division,
whichever is less, except that this maximum limitation shall
not apply if possession has been taken of real property
pursuant to order of the probate division but such real
property has not been sold under order of the probate
division, or if extraordinary services have been performed.
Where there are two or more joint or successor personal
representatives the compensation allowed them shall be
apportioned among them by the court according to the
services actually rendered by each, or as they may agree.
3. Attorneys performing services for the estate at the
instance of the personal representative shall be allowed out
of the estate as the minimum compensation for their services
sums equal to the percentages set forth in the schedule
contained in subsection 1 of this section. In any case where
reasonable compensation to the attorneys is in excess of the
minimum provided in the schedule the court shall allow such
additional compensation as will make the compensation of
the attorneys reasonable and adequate. Performance by the
attorneys of extraordinary services is not necessary to entitle
them to such additional compensation. If the personal
representative is an attorney, no allowance shall be made for
legal services performed by him or at his instance unless
such services are authorized by the will or by order of the
court or are consented to by all heirs and devisees whose
rights may be adversely affected by the allowance. In
addition, when one member of a law firm or professional
corporation serves as personal representative of the estate
and another member of the same law firm or professional
corporation serves as the attorney for the estate, only one
fee as set forth in subsection 1 of this section shall be
allowed.
4. A personal representative may employ independent
accountants, certified public accountants, or tax specialists
holding a valid permit to practice before the United States
Treasury Department to assist him in filing estate tax returns,
federal and state income tax returns, or establishing records
of account and reporting on financial results in those estates
requiring this service and such person shall be allowed
reasonable compensation for such service as determined by
the court. If the personal representative is a certified public
accountant, tax specialist holding a valid permit to practice
56
before the United States Treasury Department or an
independent accountant, no allowance shall be made for
accountant services performed by him or at his instance
unless such services are authorized by will or by order of the
addition, when one member of an accounting firm or
professional corporation serves as an accountant for the
estate, only one fee as set forth in subsection 1 of this
section will be allowed.
5. If the court finds that any accountant's services or actions
in connection therewith are wrong, improper or injurious to
the estate, no accountant fee whatsoever shall be allowed.
6. Compensation properly allowable hereunder may be
allowed to personal representatives or attorneys upon final
settlement, or partial compensation upon application therefor,
at any time or times during administration. If the court finds
that a personal representative has failed to discharge his
duties as such in any respect it may deny him any
compensation whatsoever or may reduce the compensation
which would otherwise be allowed. If the court finds that any
attorney's services or actions in connection therewith are
wrong, improper or injurious to the estate, no attorney fee
whatever shall be allowed.
7. No personal representative, other than one who is an
attorney, may appear in court except by attorney, and such
attorney may not be a salaried employee of the personal
representative, but when the personal representative is an
attorney, nothing herein shall prevent his being represented
in court by a partner, associate or employee who is an
attorney. Any personal representative may prepare and file
his own inventories and settlements.
HISTORY: L. 1955 p. 385 73, A.L. 1978 H.B. 1634, A.l 1980
S.B. 637, A.L. 1989 H.B. 145
(1956) Attorneys for heirs in will contest, through whose efforts
additional assets were brought into the estate, held not entitled to
fee payable from the estate because prior statutes made no
provision therefor. In re Estate of Foster v. Theis (A.), 290 S.W.2d
185.
(1962) Administrator and attorneys were not entilied to fees where
estate was grossly mismanaged, assets permitted to be wasted,
proper accounts and records were not kept and acts amounted to
breach of trust. In re Alexander's Estate (Mo.), 360 S.w.2d 92.
(1969) Deduction allowed for the purpose of computing state
inheritance taxes are to be computed on the valuation of the estate
at death, and should not be computed on the basis of any increase
in the value of the estate after death. Estate of of Stevenson v.
David (Mo.),447 S.w.2d 299.
(1976) Where testator in will 'gave' $15,000 to executor as
compensation 'in lieu of all statutory commission and
compensations to which he might otherwise have been entitled', the
difference between the statutory minimum fee and the $15,000 was
taxable as a bequest, in absence of any findings as to what was
reasonable compensation. Matter of Estate of Lamb (Mo.), 533
S.w.2d 560.
473.155. Compensation of accountants and
attorneys (first class counties and St. Louis City)
1. In all counties of the first class and SI. Louis City, other
provisions of law notWithstanding, attorneys performing
services for the estate at the instance of the personal
representative shall be allowed out of the estate as the
minimum compensation for their services sums equal to the
percentages set forth in the schedule contained in subsection
1 of section 473.153. In any case where reasonable
compensation to the attorneys is in excess of the minimum
provided in the schedule the court shall allow such additional
compensation as will make the compensation of the
attomeys reasonable and adequate. Performance by the
attorneys of extraordinary service is not necessary to entitle
them to such additional compensation.
2. If the personal representative is an attorney, no allowance
shall be made for legal services performed by him or at his
instance unless such services are authorized by the will or by
order of the court or are consented to by all heirs and
devisees whose rights may be adversely affected by the
allowance. In addition, when one member of a law firm or
professional corporation serves as personal representative of
the estate and another member of the same law firm or
professional corporation serves as the attorney for the estate,
only one fee as set forth in subsection 1 of section 473.153
shall be allowed.
3. A personal representative may employ independent
accountants, certified public accountants, or tax specialists
holding a valid permit to practice before the United States
Treasury Department to assist him in filing estate tax returns,
federal and state income tax returns, or establishing records
of account and reporting on financial results in those estates
requiring this service and such person shall be allowed
reasonable compensation for such service as determined by
the court. If the personal representative is a certified public
accountant, tax specialist holding a valid permit to practice
before the United States Treasury Department or an
independent accountant, no allowance shall be made for
accountant services performed by him or at his instance
unless such services are authorized by will or by order of the
addition, when one member of an accounting firm or
professional corporation serves as an accountant for the
estate, only one fee as set forth in subsection 1 of this
section will be allowed.
4. Nothing in subsection 2 of this section shall apply to
attorneys employed by any duly elected public administrator
who is an attorney.
HISTORY: L 1965 p. 634 1,2,3, A.L. 1980 S.B. 637, A.L. 1989
H.B.145
57
473.157. Bond of personal representative ..
conditions of bond
1. Except as provided in section 473.160, every personal
representative, before entering upon the duties of his office,
shall execute and file a bond, approved by the judge or the
clerk, procured at the expense of the estate, with sufficient
security, in an amount fixed by the judge or clerk for the
protection of interested parties.
2. The condition of the bond shall be as follows: "The
condition of the bond is that if ............ personal
representative of the estate of ............ , deceased, shall
faithfully administer said estate, account for, pay and deliver
all money and property of said estate and perform all other
things touching said administration required by law, or the
order or decree of any court having jurisdiction, then the
above bond to be void; otherwise to remain in full force.'
HISTORY: RSMo 1939 18, 19, A.L 1955 p. 385 74, A.L.
1980 S.B. 637
NOTES: PRIOR REVISIONS: 1929 18,19; 1919 17,19;
1909 25,26
(1962) Ad ministrator and attorneys were not entitled to fees where
estate was grossly mismanaged, assets permitted to be wasted,
proper accounts and records were not kept and acts amounted to
breach of trust. In re Alexander's Estate (Mo.), 360 S.w.2d 92.
Adversary probate proceeding defined for Chap 473, RSMo
472.140
521.430
RSMo 70.377
Definition of terms and general proviSions, Chap. 472, RSMo
Disdaimers of property, Chap. 469, RSMo
443.160 to 443.180
RSMo 109.020 to 109.040
Records of probate diviSion, RSMo 472.280
RSMo 137.350
473.160. Bond not required, when
1. 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; but the court, in its discretion, may
at any subsequent time require a bond to be given.
2. Any assets of an estate may be deposited at any time with
a depositary upon such terms as may be prescribed by order
of the court and the amount of the bond of the personal
representative may be reduced in proportion to the value of
the assets deposited. Such assets may not thereafter be
withdrawn from deposit without an order of the court which
may also require that an additional bond be filed and
approved before the withdrawal.
3. No bond shall be required of any corporation which at the
time of its appointment by the court as personal
representative has a certificate of the director of finance of
the state of Missouri that such corporation has complied with
the provisions of section 362.590, RSMo.
4. No bond shall be required if the court, upon good cause
shown, finds that a bond is not required for the protection of
interested parties.
HISTORY: L. 1955 p. 385 75, A.L. 1971 S.B. 163, A.L. 1980 S.B.
637, A.L. 1985 S.B. 35, et aJ.
473.163. Agreements with surety as to deposit of
assets
It is lawful for the executor or administrator to agree with
his surety for the deposit of any or all moneys and other
assets of the estate with a bank, safe deposit or trust
company, authorized by law to do business as such, or other
depositary approved by the court, if such deposit is otherwise
proper, in such manner as to prevent the withdrawal of the
moneys or other assets without the written consent of the
surety, or on order of the court made on such notice to the
surety as the court may direct.
HISTORY: L. 1955 p. 385 76
473.167. Execution of bond
Each bond shall be signed by the executor or administrator
and his surety and shall be acknowledged before the judge
or clerk or before some officer authorized to take
acknowledgments of deeds and a certificate of the
acknowledgment shall be endorsed thereon.
HISTORY RSMo 1939 22, A.L. 1955 p. 385 77
NOTES
PRIOR REVISIONS: 1929 22; 1919 21; 1909 29
58
473.170. Obligees of bondliability of surety
The bond of the executor or administrator shall run to the
state of Missouri to the use of all persons interested in the
estate and shall be for the security and benefit of such
persons. The sureties shall be jOintly and severally liable with
the executor or administrator and with each other.
HISTORY: L. 1955 p. 385 78
473.173. Bond of joint executors or
administrators
When two or more persons are appOinted executors or
administrators of the same estate and are required to give a
bond, the court may require either a separate bond from
each or one bond from all of them, and none shall act or
intermeddle in the estate except those giving bond as
required by the court.
HISTORY: L. 1955 p. 385 79
473.177. Affidavit of personal sureties
Each personal surety shall execute and file with the court
an affidavit that he owns property subject to execution, of a
value over and above his liabilities, equal to the amount of
the bond, and shall include in such affidavit the total amount
of his obligations as surety on other official or statutory
bonds. The affidavit shall be attached to and kept with the
bond in the files of the court.
HISTORY: L. 1955 p. 385 80
473.180. Persons not acceptable as sureties
No judge of probate, sheriff, marshal, clerk of a court, or
deputy of either, and no attorney at law, shall be taken as
surety for any executor or administrator.
HISTORY: RSMo 1939 21, A.L. 1955 p. 385 81
NOTES:
PRIOR REVISIONS: 1929 21; 1919 20; 1909 28
473.183. Approval of bond
The judge or clerk shall examine and approve or reject the
bond of each executor or administrator and the approval or
rejection thereof shall be endorsed thereon and entered on
the records of the court. In the case of personal sureties, the
judge or clerk shall take special care to accept as sureties,
only those who are solvent and sufficient and who are not
bound in too many other bonds. Before giving approval, the
judge or clerk may take testimony or examine on oath the
applicant or persons offered as his sureties as to the value
and character of the assets of the personal surety. If the
bond is rejected the executor or administrator, within such
time as the judge, or in his absence, the clerk directs, shall
give a bond with satisfactory sureties.
HISTORY RSMo 1939 22.24,25, A.L. 1955 p. 385 82
NOTES:
PRIOR REVISIONS: 1929 22,24,25; 1919 21,23,24;
1909 29,31,32
473.187. Bond valid though rejected
Any bond taken by the clerk is valid until a new bond is
given, notwithstanding its subsequent rejection by the court.
HISTORY: RSMo 1939 26, A.L. 1955 p. 385 83
NOTES:
PRIOR REVISIONS 1929 26; 1919 25; 1909 33
473.190. Sufficiency of bond to be shown on
settlements
Whenever a final settlement is not made within one year,
the court. before extending the time for making such
settlement and before approving any annual settlement
thereafter made, shall require the executor or administrator to
establish the sufficiency of his bond and if the court has
reason to believe that any surety thereon has become a
nonresident of the state or has died or become insolvent or if,
for any reason, the bond appears insufficient the court shall
direct the executor or administrator to give new or additional
security.
HISTORY: RSMo 1939 22, A.L. 1955 p. 385 84
NOTES:
PRIOR REVISIONS: 1929 22; 1919 21; 1909 29
59
473.193. Inquiry into condition of sureties--order
for new bond
If the judge has reasonable groundS to believe that a surety
on the bond of any executor or administrator has died,
removed from the state or is or likely to become insolvent or
that the principal on the bond is likely to become insolvent or
is wasting the estate or that the bond was not taken
according to law, he at any time, either on his own motion or
on the motion of an interested party, including a surety, may
set a time and place for examination into the matters and
shall give notice thereof to the principal in the bond. The
court, after such hearing, may direct the executor or
administrator to give another bond!
HISTORY: RSMo 1939 27.28,29,32, A.L. 1955 p. 385 85
NOTES:
PRIOR REVISIONS: 1929 27,28,29,32; 1919 26,27, 28,
31; 1909 34,35,36.39
473.197. Court may require, increase or decrease
bond, when
The court may require bond, or increase or decrease the
amount of the bond of the personal representative when
good cause therefor appears. The clerk shall inquire into the
adequacy of the bond upon the filing of an inventory,
appraisement or settlement or when real estate is sold,
mortgaged, leased or taken possession of under order of
court and, if the bond is found to be in an amount in excess
of or less than that last fixed under section 473.157, the court
shall enter an order requiring an additional bond or reducing
the penalty of the existing bond.
HISTORY: L. 1955 p. 385 86, A.L. 1980 S.8. 637
NOTES:
473.200. Letters revoked on failure to give bond
If an executor or administrator fails to give a bond as
required by the court, within the time fixed by the court, his
letters shall be revoked.
HISTORY: RSMo 1939 31,32, A.L. 1955 p. 385 87
NOTES:
PRIOR REVISIONS: 1929 31,32;1919 30,31; 1909
38,39
473.203. Effect of new bond
Any bond given to replace a former bond, when given and
approved, discharges the former sureties from any liabilities
arising from any misconduct of the principal after the filing of
same, and the former sureties are only liable for misconduct
which happened prior to the giving of the new bond. The
executor or administrator shall be required to file an account
of his administration to the date of the new bond. The new
bond binds the sureties thereon with respect to acts and
omissions of the executor or administrator from the time
when the sureties on the original bond are no longer
liable therefor, or from such prior time as the court
directs.
HISTORY: RSMo 1939 30, A.L. 1955 p. 385 88
NOTES:
PRIOR REVISIONS: 1929 30; 1919 29; 1909 37
473.207. Execution of bond deemed appearance
by suretyuprocedure on breach of obligation of
bond
1. The execution of the bond of a personal representative is
deemed an appearance by the surety in the proceeding for
the administration of the estate including all hearings with
respect to the bond.
2. On breach of the obligation of the bond of the personal
representative, the court, after notice to the obligors in the
bond and to such other persons as the court directs, may
summarily determine the damages as a part of the
proceeding for the administration of the estate, and by
appropriate process enforce the collection thereof from those
liable on the bond. The determination and enforcement may
be made by the court upon its own motion or upon
application of a successor personal representative, or of any
other personal representative, or of any other interested
person. The court may hear the application at the time of
settling the accounts of the defaulting personal
representative or at such other time as the court may direct.
Damages shall be assessed on behalf of all interested
persons and may be paid over to the successor or other
nondefaulting personal representative and distributed as
other assets held by the personal representative in his official
capacity.
3. If the court has already determined the liability of the
personal representative, a surety shall not be permitted
thereafter to deny liability in any action or hearing to
their liability; but the surety may intervene in any
heanng to determine the liability of the personal
representative.
60
4. The provisions of subsections 1, 2, and 3 of this section
shall apply to a depositary which has executed a certification
pursuant to section 473.160.
5. In assessing damages pursuant to this section, the court
may apportion the losses sustained between the depositary
and the obligors on the bond of the personal representative
on the following basis:
(1) Those damages sustained asa result of the failure of
the depositary to hold the assets delivered to it in restricted
custody shall be assessed against the depositary and 'the
personal representative, together with that proportion of the
consequential damages determined to have resulted by
reason of such failure;
(2) All other damages sustained as a result of the breach of
the obligation of the bond shall be assessed against the
obligors on the bond.
HISTORY: L 1955 p. 385 89, A.L. 1980 S.B. 637
NOTES:
473.210. Successor may sue on bond
The succeeding administrator, or remaining executor or
administrator, may proceed in any court having jurisdiction in
civil actions against an executor or administrator and his
sureties, or either of them or against any other person
possessed of any part of the estate.
HISTORY: RSMo 1939 55, A.L. 1955 p. 385 90
NOTES:
PRiOR REVISiONS: 1929 55; 1919 54; 1909 62
473.213. Limitations on suits
Proceedings upon the bond of a personal representative
shall not be brought subsequent to one year after the
personal representative's discharge.
HISTORY: L 1955 p. 385 91, A.L. 1996 S.B. 494
NOTES:
In suit for accounting brought by heir at law against
appointed administratrix, the succeeding administrator de
bonis non, and the surety on bond of administratrix statute of
would be section 516.120(5) 'rather than
section 473.213 since the suit appeared to be action for relief on
ground of fraud and not a suit on the surety bond. Stark v. Cole (A.)
373 SW,2d 473. '
473.217. Action on bond generally
The bond of an executor or administrator may be sued on
at the instance of any party injured, in the name of the state,
to the use of such party, for waste or mismanagement of the
estate, or other breach of the conditions of the bond; and
damages shall be assessed thereon as on bonds with
collateral conditions.
HISTORY: RSMo 1939 281, A.L. 1955 p. 385 92
NOTES:
PRIOR REVISIONS: 1929 282; 1919 280; 1909 287
(1963) Suit for accounting by heir at law against originally
appointed administratrix, the succeeding administrator de bonis
non, surety on bond of administratrix was properly brought in heir's
own name since plaintiffs case was bottomed on allegations of
fraud occurring after the surety had performed its obligation under
the bond by paying sum to the estate and cause of action was one
personal to plaintiff. Stark v. Cole (A.), 373 SW,2d 473.
473.220. Inventory and appraisement
Within thirty days after letters are granted on the estate of a
deceased member of any partnership, the surviving partner
or partners shall file a verified inventory of the partnersh ip in
the probate division in which letters are issued on the estate,
to be a part of the court records of the administration of the
decedent's estate. If no letters are issued on the decedent's
estate in this state the surviving partners shall file the
inventory within sixty days after the death of a partner in the
probate division of the circuit court of the county of which the
decedent was a resident at the time of his death or, if a
nonresident, in the probate division of the circuit court of the
county in which the partnership had its principal business
office in this state, the inventory to be indexed under the
name of the deceased partner and also the name of the
partnership and to be a part of the court records of the
administration of the partnership. The inventory shall state
the proportionate share of the deceased partner, the
aggregate value of the assets of the partnership and the
aggregate of its liabilities, but no detailed list of assets or
liabilities is required unless ordered by the court. Upon the
verified petition of any interested party or on its own motion
the court, in its discretion, may order the surviving partners to
file a detailed list of assets and liabilities of the partnership
and it also may order that the assets of the partnership be
appraised as provided by law for the appraisal of the assets
of a decedent. On the request of any surviving partner, the
court may issue a certificate reciting that he has filed an
inventory of the assets of the partnership in accordance with
this section and that he will be held to account to the
executor or administrator of the estate of the decedent in
accordance with the Uniform Partnership Law.
61
HISTORY: L. 1955 p. 385 93, A.L. 1957 p. 829, A.L. 1978 H.B.
1634
NOTES:
472.140
521.430
RSMo 70.377
443.160 to 443.180
RSMo 109.020 to 109040
RSMo 137.350
473.223. Settlement
The surviving partner may continue in possession of the
partnership estate, pay its debts, and settle its business, shall
account to the executor or administrator of the estate of the
decedent, and shall pay over such balances as from time to
time are payable to him. Upon the verified petition of the
executor or administrator or on its own motion the probate
division whenever it appears necessary may order the
surviving partner to account to the court.
HISTORY: L. 1955 p. 385 94, A.L. 1978 H.B. 1634
NOTES:
473.227. Security
If the surviving partner commits waste or if it appears to the
court that it is for the best interest of the estate of the
decedent, the probate division may order the surviving
partner to give security for the faithful settlement of the
partnership affairs and the payment to the executor or
administrator of any amount due the estate.
HISTORY: L. 1955 p. 385 95, A.L. 1978 H.B. 1634
NOTES: EFFECTIVE Effective 1-2-79
473.230. Citation of partner
If the surviving partner fails or refuses to file the inventory,
list of liabilities, or appraisal or it appears proper to order the
surviving partner to account to the probate division or to file a
bond, the court shall order a citation to issue requiring the
surviving partner to appear and show cause why he has not
filed an inventory, list of liabilities, or appraisal or why he
should not account to the court or file a bond. The citation
shall be served not less than ten days before the return day
designated therein and shall be served and returned in the
manner provided for summons in civil cases. If the surviving
partner neglects or refuses to file an inventory, list of
liabilities, or appraisal or fails to account to the court or to file
a bond, after he has been directed to do so, the court may
commit him to jail until he complies with the order of the
court. Where the surviving partner fails to file a bond after
being ordered to do so by the court, the court may also
appoint a receiver of the partnership estate with like powers
and duties of receivers in chancery, and order the costs and
expenses of the proceedings to be paid out of the partnership
estate or out of the estate of decedent, or by the surviving
partner personally or partly by each of the parties.
HISTORY: L. 1955 p. 385 96, A.L. 1978 H.B. 1634
473.233. Inventory and appraisement ..
classification of property
1. Within thirty days after letters are granted. unless a longer
time is granted by the court, the personal representative shall
make and return an inventory and appraisement, in one
instrument, of all of the property of the decedent,
including exempt property, which comes to his possession or
knowledge, a statement of all encumbrances, liens, and other
charges on any item, and all other property possessed by
decedent at the time of his death. The property shall be
classified therein as follows:
(1) Real property, with plat or survey description and the
street address or approximate direction and distance from
any city or town, and the popular name thereof, if any;
62
(2) Furniture, household goods, and wearing apparel, but
no detailed appraisement or listing of the items thereof is
required;
(3) Corporate stocks described by name, number of
shares, class of stock;
(4) Mortgages, bonds, notes, and other written evidences
of debt. together with interest due thereon. described by
name of debtor, recording data. and other identification;
(5) Bank accounts. insurance policies payable to the
personal representative. and money;
(6) All other personal property accurately identified,
including a statement of the decedent's proportionate share
in any partnership and of its net value as shown in the
inventory required by section 473.220. No detailed
appraisement or listing of the assets of the partnership
property is required in the inventory filed by the personal
representative;
(7) All property possessed but not owned by the decedent
at his death shall be listed in the inventory, but separately
from other property, together with a statement as to the
knowledge of the personal representative as to its ownership.
2. At any time when it appears necessary. the judge or clerk
may authorize the personal representative to employ a
qualified and disinterested appraiser to assist him in
ascertaining the fair market value, as of the date of the
decedent's death, of any asset the value of which may be
subject to reasonable doubt. Different persons may be
employed to appraise different kinds of assets included in the
estate. The name and address of any appraiser shall be
indicated on the inventory with the item or items he
appraised.
HISTORY: L 1955 p. 385 97, A.L. 1957 p. 829, AL 1959 S.B. 141, A.L
1980 S.B. 637, AL 1981 S.B. 117, A.L 1996 S.B 494 and 58 869
NOTES:
EFFECTIVE Effective 52396 (S.B. 494) 828-96 (S.B 869)
CROSS REFERENCES: Administrators, profit on publication of notices or
advertisements prohibited, RSMo 493.130, 493.140
Adversary probate proceeding defined for Chap. 473, RSMo 472.140
Attachment proceeding, administrator made party, where, RSMo 521.430
Bi-state development agency, bonds of, investment in authorized RSMo
70.3n '
Cattle, female, sale by estate, brucellosis vaccination law speCial
Declaratory judgment, executor or administrator may obtain as to rights
RSMo 527.040 '
Mortgages, satisfaction by executor or administrator, RSMo 443.160 to
443.180 Nonprobate transfers, RSMo 461.003 to 461.081
Public offICer, executor or administrator of to deliver records, RSMo
109.020 to 109.040
aooounts in insured savings and loan associations, investment in
authonZed, RSMo 369.194
Tax assessment list, executor or administrator to give assessor RSMo
137.350 '
473.237. Affidavit to inventory
The administrator or executor and appraisers shall annex
to the inventory and appraisement an affidavit stating that it is
a full inventory and description of all the property of the
decedent which has come into the possession or knowledge
of the executor or administrator, and of the property in the
possession of the decedent at his death, as far as they know,
and an appraisement of all the property subject to
appraisement. The executor or administrator shall make an
additional affidavit stating that he was not in debt or bound in
any contract to the decedent at the time of his death, except
as stated in the inventory and appraisement. The
administrator or executor has power to administer the oaths
for the affidavits required by this section and section 473.233.
HISTORY: RSMo 1939 59, A.L 1955 p. 385 98, A.L. 1957 p.
829, A.L 1959 S.B. 141
NOTES:
PRIOR REVISIONS 1929 59; 1919 58; 1909 66
473.240. Additional inventory
If, after making the first inventory and appraisement, any
other real or personal estate of the deceased comes to the
possession or knowledge of the executor or administrator, he
shall file a similar additional inventory and appraisement
thereof.
HISTORY: RSMo 1939 60, A.L 1955 p. 385 99
NOTES: PRIOR REVISIONS 1929 60; 1919 59; 1909 67
473.243. Compensation of appraisers
The court shall make a reasonable allowance to each
appraiser for his compensation, taking into consideration the
amount and character of the services rendered by each. and
his reasonable travel and other expenses.
HISTORY: L 1955 p. 385 100
473.247. Debt of executor not discharged
If any person appoints his debtor executor of his will, the
appointment does not discharge the debt, but the debt
constitutes an asset in his hands.
HISTORY: RSMo 1939 101, A.L 1955 p. 385 101
NOTES: PRIOR REVISIONS: 1929 101; 1919 100; 1909
108
473.250. Debt of administrator, assets
All debts due by an administrator to his testator or intestate
are considered assets in his hands.
63
HISTORY: RSMo 1939 100, A.L 1955 p. 385 102
NOTES:
PRIOR REVISIONS: 1929 100; 1919 99; 1909 107
473.253. Inventory as evidence
Inventories and appraisements may be given in evidence,
but are not conclusive for or against any executor or
administrator, but other evidence may be introduced to vary
the effect thereof.
HISTORY: RSMo 1939 74, A.L. 1955 p. 385 103
NOTES: PRIOR REVISIONS: 1929 74; 1919 73; 1909 81
473.260. Devolution of estate at death
When a person dies, his real and personal property, except
exempt property, passes to the persons to whom it is devised
by his last will, or, in the absence of such disposition, to the
persons who succeed to his estate as his heirs; but it is
subject to the possession of the executor or administrator
and to the election of the surviving spouse and is chargeable
with the expenses of administering the estate, the payment of
other claims and allowances to the family, except as
otherwise provided in this law.
HISTORY: L 1955 p. 385 105
472.140
521.430
Biostate development agency, bonds of, investment in authorized,
RSMo 70.377
Cattie, female, sale by estate, brucellosis vaccination law special
443.160 to 443.180
RSMo 109.020 to 109.040
RSMo 137.350
473.263. Possession of assets
1. Every executor or administrator has a right to and shall
take possession of all the personal property of the decedent
except exempt property of the surviving spouse and
unmarried minor children, and administer it in accordance
with this law.
2. The court, on its own motion or on the motion of any
interested person, may order the executor or administrator to
take possession of the real estate of the decedent when
necessary for the payment of claims or for the preservation
thereof. When ordered to take possession of real estate, the
executor or administrator shall pay the taxes and collect the
rents and earnings thereon until the estate is settled or until
delivered by order of the court to the distributees. He may
rent the real property of the estate for a period not exceeding
one year. He shall keep in tenantable repair the buildings and
fixtures under his control and may protect the same by
insurance. He may maintain an action for the possession of
the real property or to determine the title to the same.
HISTORY: L 1955 p. 385 106
NOTES:
CROSS REFERENCES: Exempt property and allowances to
surviving spouse and children, RSMo 474.250 to 474.280 Uniform
act for simplification of fiduciary security transfers, RSMo 403.250 to
403.350
(1962) Administrator was properly refused credit for expenses of
operation of deceased's farm where he had not sought or obtained
an order from the probate court authorizing him to do so. In re
Alexander's Estate (Mo.), 360 S.w.2d 92.
473,267. Assets for payment of claims
The real and personal property liable for the payment of
claims includes all property transferred by the decedent with
intent to defraud his creditors or any of them, or transferred
by any other means which is in law void as against his
creditors or any of them, and the executor or administrator
may recover the property, so far as necessary for the
payment of claims, and take such steps as are necessary to
recover the same. Property recovered by the executor or
administrator constitutes general assets for the payment of
all creditors; but no property so transferred shall be taken
from anyone who purchased it for a valuable consideration,
in good faith and without actual or constructive knowledge of
the fraud.
HISTORY: L 1955 p. 385 107
64
473.270. Collection of debts, prosecution and
defense of suits
Executors and administrators shall collect all money and
debts of every kind due to the decedent, and give receipts
and discharges therefor, and shall commence and prosecute
all actions which may be maintained and are necessary in
the course of his administration, and defend aU actions
brought against him.
HISTORY: RSMo 1939 94, A.L. 1955 p. 385 108
PRIOR REVISIONS: 1929 94; 1919 93; 1909 101
CROSS REFERENCES: Administrator of deceased life tenant to
collect rents due deceased, remedy, RSMo 441.160,441.170
Execution ordered by administrator d.b.n., when, RSMo 513.080
(1956) Administrator was entitled to intervene and recover surplus
proceeds arising from mortgage foreclosure sale of his decedent's
land, as against purchaser from heir who contended administrator
had no right to real estate. Trenton Motor Co. v. Watkins (A.), 291
SW2d 659.
473.273. Actions instituted by or against
decedent, duties
Executors and administrators shall prosecute and defend
all actions commenced by or against the decedent during his
lifetime which are maintainable by or against the executor or
administrator.
HISTORY: RSMo 1939 97, A.L 1955 p. 385 109
NOTES:
PRIOR REVISIONS: 1929 97; 1919 96; 1909 104
473.277. Compromise of debts due estate
When it appears for the best interest of the estate, the
executor or administrator, on order of the court, may effect a
fair and reasonable compromise with any debtor or other
obligor, or extend, renew or in any manner modify the terms
of any obligation owing to the estate. If the executor or
administrator holds a mortgage, pledge or other lien upon
property of another person, he may accept, in lieu of
foreclosure, a conveyance or transfer of the encumbered
assets from the owner thereof in satisfaction of the
indebtedness secured by the lien, if it appears for the best
interest of the estate and if the court so orders. In the
absence of prior authorization or subsequent approval of the
court, no compromise binds the estate.
HISTORY: L 1955 p. 385 110
473.280. Purchase at foreclosure of mortgage
held by estate
Whenever any note, bond, account, or other indebtedness
belonging to the estate of any decedent is secured by
mortgage, deed of trust, vendor's lien or other lien on any
property, and the same is due and unpaid, the administrator
or executor of the estate, under the order of the court, may
purchase the property at the sale made under the mortgage,
deed of trust or other lien, at a price not exceeding the
amount due the estate on the note, bond, account or other
indebtedness.
HISTORY: RSMo 1939 95, A.L. 1955 p. 385 111
NOTES:
PRIOR REVISIONS: 1929 95; 1919 94; 1909 102
473.283. Title to real estate, how taken on such
purchasehow administered
1. Where real estate is acquired under either section
473.277 or 473.280, the conveyance thereof shall be made
to the executor or administrator who holds it in trust for the
same persons, whether creditors, heirs or legatees, who
would be entitled to the proceeds of the mortgage if the
premises had been redeemed; but if it appears to the court
that the property is not required for the payment of debts,
legacies or family allowances, the court shall direct that the
deed be made so as to effect a conveyance to the heirs or
devisees of the decedent.
2. Any real estate acquired by an executor or administrator
under section 473.277 or 473.280 constitutes assets in his
hands, and shall be administered and accounted for as such,
and may be leased or sold for the payment of debts in the
same manner as any real estate of which the decedent died
seized, but the sale thereof shall be made upon the order of
the court and upon the petition filed as provided for by law in
other cases.
HISTORY: RSMo 1939 95,96, A.L. 1955 p. 385 112
NOTES:
PRIOR REVISIONS: 1929 95,96; 1919 94,95; 1909
102, 103
65
473.287. Encumbered property to be redeemed,
when
1. If any person dies leaving real or personal property
encumbered by mortgage, deed of trust, pledge, or other lien,
or owning any equity of redemption, the court, in accordance
with the provisions of this subsection, may order the executor
or administrator to redeem the same, in whole or in part, out
of other personal assets of the estate, or may order the
executor or administrator to sell other real estate or to
mortgage or pledge real or personal property of the estate in
his hands for the purpose of raising money for such
redemption. If there is a will section 473.620 applies with
respect to the application or use of the property for the
redemption. When not prejudicial to the rights of creditors,
the court may order redemption, if it finds:
(1) The property is not specifically devised by a will and
redemption will promote the interests of the estate and upon
payment of the secured debt the security will become an
asset of the estate; or
(2) The will of the decedent, either by express provision or
clear implication. shows that the decedent intended that the
secured debt, in the event of his death, should be paid out of
other assets of his estate and the security exonerated from
the lien of the debt; or
(3) From the terms of the loan or mortgage agreement or
from the circumstances surrounding the loan or mortgage
transaction, that decedent, whether testate or intestate,
intended that the debt, in the event of his death, should be
paid out of the other assets of the estate and that the security
should be thereby exonerated from the lien of the debt.
2. No redemption of property securing an obligation which is
not due shall be compelled under this section without the
consent of the holder of the secured debt unless a claim is
filed thereon or the instrument creating the obligation permits
redemption.
3. The court may order all of the right, title and interest of the
deceased in the security to be sold for the same purposes
and under the same conditions and procedure as is provided
in this law for sales of other property of the decedent.
HISTORY: L. 1955 p. 385 113, A.L. 1957 p. 829
NOTES:
PRIOR REVISIONS: 1929 139; 1919 138; 1909 147
CROSS REFERENCES: Foreclosure of mortgages stayed by death
of mortgagor, RSMo 443.300
473.290. Payment of debt of decedent secured by
property of another"procedure
When any indebtedness of a decedent is secured by
mortgage, pledge or other lien on property which is owned by
another or which, on the death of the decedent, becomes the
exclusive property of another, but is not subject to .
administration, the indebtedness shall be allowed and paid
as other claims against the estate of the decedent unless it
appears to the court that (1) the mortgage, pledge or lien was
given to secure payment of the purchase price of the
encumbered property or of an obligation incurred in
connection with the improvement of the property, or (2) the
decedent did not actually receive a substantial consideration
in the transaction in which the indebtedness arose, or (3) the
decedent had exclusive ownership and control of the
property during his lifetime and it appears from the loan or
mortgage agreement or circumstances surrounding the
transaction giving rise to the mortgage, pledge or lien that
decedent intended that the security should be exhausted in
case of his death before any payment thereon is made from
his estate. If the holder of the secured debt does not institute
proceedings for the allowance and payment thereof against
the estate of the decedent within three months after
publication of notice of letters, then before the time for filing
of claims expires the owner of any property given as security
for an indebtedness under circumstances described in this
section may petition the court for such orders as are
necessary for the protection of his rights and for the
allowance of so much of the indebtedness against the estate
as will be sufficient to exonerate the security. Notice of
hearing on the petition shall be given to the executor or
administrator and to the holder of the indebtedness. After
hearing the court may make such order in the premises as
may be necessary to preserve the rights of the parties,
including, if proper, an allowance of the claim against the
estate.
HISTORY: L. 1955 p. 385 114, A.L. 1963 p. 655
473.293, Disposition of valueless or encumbered
property
When any personal or real property is valueless, or is so
encumbered, or is in such condition that it is of no benefit to
the estate, the court may by order authorize the personal
representative to make such disposition thereof as the court
may find to be appropriate, including, where appropriate, the
immediate distribution thereof to the heirs or legatees, the
abandonment, giving away or.destruction thereof, the
relinquishment of all interest of the estate therein, or such
other disposition as may be appropriate in the circumstances.
HISTORY: l.1955 p. 385 115. A.L. 1980 S.B. 637
66
473.297. Expenditures for preservation of
property
When any property of an estate is in such condition as to be
in imminent danger of loss or destruction or loss in value, the
executor or administrator may make such expenditures as
are reasonably and prudently required to avoid such loss,
destruction, or loss in value until he can obtain consideration
of the matter by the court, and on approval of the court such
expenditures shall be allowed as expenses of
The court may by order authorize such further expenditures
to prevent loss, destruction or loss in value as the interest of
the estate requires, and shall allow them as expenses of
administration.
HISTORY: RSMo 1939 102,103, A.L. 1955 p. 385 116
NOTES:
PRIOR REVISIONS: 1929 102,103; 1919 101,102; 1909
109,110
473.300. Continuation of tusiness of decedent
Upon a showing of advantage to the estate, the court may
authorize the executor or administrator to continue any
business of the decedent for the benefit of the estate; but if
the decedent died testate and his estate is solvent, the order
of the court is subject to the provisions of the will. The order
may be with or without notice. If notice is not given to all
interested persons before the order is made, the court shall
promptly require the giving of notice to such interested
persons as have not been previously notified to the effect
that such order has been made and that they will have
opportunity to show cause why it should not be set aside or
modified. The order may provide:
(1) For the conduct of the business solely by the executor
or administrator, or as a corporation to be formed by the
executor or administrator, or for the participation as a partner
by the executor or administrator in a business in which the
decedent was a partner, subject to applicable provisions of
law and the agreement of the other person or persons
continuing such business as partners;
(2) The extent of the liability of the estate, or any part
thereof, or of the executor or administrator, for obligations
incurred in the continuation of the business;
(3) As to whether liabilities incurred in the conduct of the
business are to be chargeable solely to the part of the estate
set aside for use in the business or to the estate as a whole;
and
(4) As to the period of time for which the business may be
conducted, and such other conditions, restrictions,
regulations and requirements as the court orders.
HISTORY: l. 1955 p. 385 117
473.303. Specific execution of contract of
decedentpetition
1. If a decedent entered into a contract, specifically
enforceable in equity, and did not execute the same in his
lifetime, nor give power by will to execute the same, the other
party, wishing specific execution of the contract, or the
personal representative of the decedent, may present a
verified petition to the court, setting forth the facts and stating
that no part of the contract has been satisfied except as set
forth, and praying that an order be made that the personal
representative execute such contract specifically, by
executing a deed for the same.
2. If the other party to the contract with the decedent is his
personal representative, the personal representative may
proceed against his copersonal representative, if any, in the
same manner as prescribed by this law in other cases; but if
there is no copersonal representative and he files the
petition, the court shall appoint some suitable person as
administrator ad litem who has the same powers and shall
perform the same duties required of personal representative
in such cases by this law.
HISTORY: RSMo 1939 168,169,176, A.L. 1955 p. 385 118,
A.L. 1980 S .B. 637
NOTES:
PRIOR REVISIONS: 1929 169,170,177; 1919 168,169,
176; 1909 177,178,185
473.307. Noticehearinguintervention
Upon the filing of a petition for specific execution of the
contract. the court shall fix the time and place for hearing
thereon. Notice of the filing of the petition and of the time and
place of hearing thereon, together with a copy of the petition,
shall be served on the executor or administrator twenty days
before the date of the hearing. The court may order notice of
the filing of the petftion and of the time and place of hearing
to be served by registered mail on the interested heirs or
devisees whose addresses appear in the court's file and
records in the estate. Any interested heir or devisee may
appear and intervene, upon written application to intervene
filed prior to the time of the hearing.
HISTORY: RSMo 1939 170, A.L. 1955 p. 385 119, A.l. 1957
p. 829, A.l. 1978 H.B. 1634
NOTES:
PRIOR REVISIONS: 1929 171; 1919 170; 1909 179
67
473,310. Specific execution of contract of
decedent. court order uwarranties conveyance or
lease under will
1. If the court, after hearing all parties, believes that specific
execution of such contract ought to be made, it shall make an
order that the personaf representative execute and deliver an
instrument of conveyance to the person entftled thereto upon
performance of the contract.
2. The deed of conveyance shall refer in apt and appropriate
terms to the order of court under which it is made, shall
convey the property according to the order and shall be
acknowledged by the personal representative. If the contract
for a conveyance requires the giving of warranties, the deed
to be given by the personal representative shall contain the
warranties required. Such warranties shall be binding on the
estate as though made by the decedent but shall not bind the
personal representative personally.
3. If a personal representative has been given power by will
to make a conveyance or lease, he may execute, in lieu of
the foregoing procedure, and without order of the cuurt, a
conveyance or lease to the person entitled thereto upon
performance of the contract.
4. The deed made under this section is as effectual as if it
had been executed by the decedent.
HISTORY: RSMo 1939 171,172,173, A.L. 1955 p. 385 120,
A.L. 1980 S.B. 637, A.L. 1983 H.B. 369
NOTES:
PRIOR REVISIONS: 1929 172,173,174; 1919 171,172,
173; 1909 180,181,182
473,313. Action for specific performance ..
proceedings in probate division of circuit court
A party entitled to specific execution of a contract for the
conveyance of real estate shall proceed in the probate
division of the circuit court under sections 473.303 and
473.307.
HISTORY: l. 1955 p. 385 120, A.L. 1957 p. 829, A.L. 1978 H.B.
1634
NOTES:
473.317. Completion of contracts to purchase
propertyexercise of options
1. If any person dies having purchased real or personal
property, and has not completed the payment therefor, nor
provided for its payment by will, the court may order the
completion of payment upon the same findings and
conditions as are required by section 473.287 for the
redemption of security for the decedent's debt. The court
may, after notice to interested parties, order relinquishment,
compromise or transfer of all such rights, title, and interest of
the decedent in the property on such terms as the court finds
to be for the benefit of the estate. This section shall not be
construed to restrict any rights of the seller of the property.
2. If any person dies owning an option to purchase real or
personal property, and it is to the advantage of the estate
and will not be prejudicial to creditors or to specific devisees
that such option be exercised, the court may by order
authorize the exercise of the option by the executor or
administrator and the payment by the executor or
administrator of the purchase price.
473.320. Interest may be sold, when
If the court believes that, after payment of claims, there will
not be sufficient assets to pay for the real or personal
property referred to in section 473.317, it may order the
executor or administrator to sell all the right, title and interest
of the decedent therein, including all right of the decedent to
any option to purchase the real or personal property.
HISTORY: RSMo 1939 134. A.L 1955 p. 385 122
NOTES:
PRIOR REVISIONS: 1929 135; 1919 134; 1909 143
473.323. Interest relinquished to vendor, when
If the real or personal property referred to in section
473.317 has been purchased from any person, or if an option
for its purchase has been obtained from any person, the
court, if considered advantageous to the estate, may order
the same relinquished to such person on the best terms that
can be agreed upon.
HISTORY: RSMo 1939 135, A.l. 1955 p. 385 123
NOTES:
PRIOR REVISIONS: 1929 136; 1919 135; 1909 144
68
473.327. Procedure in case of sale of school
lands
If any real estate referred to in subsection 1 of section
473.317 has been purchased from any officer authorized by
law to sell school lands. the court may order the same
relinquished; and in such cases the officers may accept the
relinquishment and surrender the obligation of the decedent.
HISTORY: RSMo 1939 136, A.l. 1955 p. 385 124
NOTES:
PRIOR REVISIONS: 1929 137; 1919 136; 1909 145
473.330. Conveyances, how madeprocedure
In all cases of relinquishment of the interest of a decedent
in real estate under sections 473.323 and 473.327 and in all
cases of the sale of the interest of a decedent in real estate
under sections 473.287 and 473.320, the executor or
administrator may make the relinquishments by deed or may
convey to the purchaser all the right, title and interest the
testator or intestate had in and to the real estate at the time
of his death. Before any relinquishment or sale referred to in
this section is ordered by the court, the executor or
administrator shall proceed on petition and notice the same
as is required by this law for proceedings to sell real estate to
pay debts for other purposes.
HISTORY: RSMo 1939 137, A.L 1955 p. 385 125
NOTES:
PRIOR REVISIONS: 1929 138; 1919 137; 1909 146
473.333. Investment of surplus funds
If it appears that there is a surplus of money in the hands of
the personal representative that will not shortly be required
for the expenses of administration, or payment of claims,
taxes or other required disbursements, the personal
representative shall make such investment of the money on
or after August 28, 1998, in accordance with the provisions of
the Missouri prudent investor act, sections 456.900 to
456.913, RSMo. The personal representative may also,
without an order of court, invest in (1) direct obligations of, or
obligations unconditionally guaranteed as to principal and
interest. by the United States, or (2) accounts of savings and
loan associations to the extent the accounts are insured by
the Federal Savings and Loan Insurance Corporation,
without inquiry as to whether the investment is reasonable
and prudent. An order of court authorizing investments
pursuant to this section does not relieve a personal
representative or his sureties of responsibility and liability if
the investment made is not in fact in accordance with the
Missouri prudent investor act, sections 456.900 to 456.913,
RSMo.
p. 829, A.L. 1980 S.B. 637, AL. 1982 S.B. 700 Revision, AL 1998
H.B. 1571
111
CROSS REFERENCES: Multinational banks, securities and
obligations of, investment in, when, RSMo 409.950
473.337, Bank deposits
Whenever it is consistent with proper administration of the
estate, the executor or administrator may, without an order of
court, deposit, as a fiduciary, the funds of the estate in a
banking institution in this state as a general deposit and
either as a demand, time or savings deposit.
HISTORY: L. 1955 p. 385 127, A.L. 1957 p. 829
473.340. Discovery of assets. procedure for
1. Any personal representative, administrator, creditor,
beneficiary or other person who claims an interest in property
which is claimed to be an asset of an estate or which is
claimed should be an asset of an estate may file a verified
petition in the probate division of the circuit court in which
said estate is pending seeking determination of the title, or
right of possession thereto, or both. The petition shall
describe the property, if known, shall allege the nature of the
interest of the petitioner and that title or possession of the
property, or both, are being adversely withheld or claimed.
The court may order the joinder, as a party, of any person
who may claim an interest in or who may have possession of
any such property.
69
2. Service of summons, petition and answer thereto together
with all subsequent proceedings shall be governed by the
Missouri Rules of Civil Procedure. Any party may demand a
jury trial.
3. Upon a trial of the issues, the court shall determine the
persons who have an interest in said property together with
.the nature and extent of any such interest. The court shall
direct the delivery or transfer of the title or possession, or
both, of said property to the person or persons entitled
thereto and may attach the person of any party refusing to
make delivery as directed. If the party found to have
adversely withheld the title or possession, or both, of said
property has transferred or otherwise disposed of the same,
the court shall render a money judgment for the value thereof
with interest thereon from the date the property, or any
interest therein, was adversely withheld. In addition to a
judgment for title and possession, or either, or for the value
thereof, the court may enter a judgment for all losses,
expenses and damages sustained, if any, but not including
attorney fees, if it finds that the property was wrongfully
detained, transferred or otherwise disposed of.
4. If the court finds that a complete determination of the
issues cannot be had without the presence of other parties,
the court may order them to be brought in by an amended or
supplemental petition. The court shall order the joinder of the
personal representative of the estate if he is not named as a
party.
HISTORY: RSMo 1939 63, AL. 1955 p. 385 128, A.L. 1973
S.B. 210, A.L. 1978 H.B. 1634, A.L. 1982 S.B. 700 ReviSion. AL.
1993 S.B. 88
(1958) Where money was given another by deceased to use for the
benefit of deceased and upon her decease to be kept by the donee,
a trust was created, and probate court had jurisdiction in proceeding
under this statute to determine whether equitable title had ripened
into legal title on deceased's death. Covey v. VanBibber (A), 311
SW.2d 112.
(1961) Where ultimate issue in proceeding to discover assets was
whether the assets constituted trust property or whether the trust
had been revoked by decedent prior to her death, the probate court
had no jurisdiction because the action is strictly equitable in nature.
In re Frech's Estate (Mo.), 347 S.w.2d 224.
(1963) Petition by executor held to state cause of action to
establish and enforce a trust as to money held in joint bank account
in names of decedent and defendant against contention that remedy
at law was adequate in that probate court had jurisdiction to
determine executor'S claims in discovery proceedings and that such
jurisdiction was exclusive. Matthews v. Pratt (Mo.), 367 SW.2d 632.
(1968) In proceeding under this section evidence supported
administrator's contention that items in controversy were held either
in jOint tenancy or tenancy by the entirety and were not assets of the
estate. In re Estate of Jeffries (Mo.), 427 SW.2d 439.
(1977) Petition to seek determination of title or right of posseSSion
to property may allege contingent interests on property as well as a
speCific interest. Clair v. Whittaker (Mo.). 557 S.w.2d 236.
(1987) Failure to join the personal representative in an action to
discover assets pursuant to this section is a jurisdictional defect
since personal representative is an indispensable party pursuant to
subsection 4 of this section. In Re Estate of Pilla, 735 S. W.2d 103
(Mo.App.1987).
473.360. limitations on filing of claimswhen
claims barred
1. Except as provided in section 473.370, all claims against
the estate of a deceased person, other than costs and
expenses of administration, exempt property, family
allowance, homestead allowance, claims of the United States
and claims of any taxing authority within the United States,
whether due or to become due, absolute or contingent,
liquidated or unliquidated, founded on contract or otherwise,
which are not filed in the probate division of the circuit court
within six months after the date of the first published notice of
letters testamentary or of administration or, if notice was
actually mailed to, or served upon, such creditor, within two
months after the date such notice was mailed, or served,
whichever later occurs, or which are not paid by the personal
representative, within six months after the first published
notice of letters testamentary or of administration, are forever
barred against the estate, the personal representative, the
heirs, devisees and legatees of the decedent. No contingent
claim based on any warranty made in connection with the
conveyance of real estate is barred under this section. This
six-month period does not extend any other applicable
limitation periods.
2. Unless written notice of actions instituted or revived under
section 473.363 or 473.367 is filed in the probate division
within six months after the first published notice of letters, no
recovery may be had in any such action on any judgment
therein against the personal representative out of any assets
being administered upon in the probate division or from any
distributee or other person receiving the assets. Timely filing
of the claim against the estate, under this section, within six
months after the first published notice of letters, whether said
claim is filed before or after the institution or revival of an
action against the personal representative or the estate shall
satisfy the requirement of written notice herein imposed.
3. Nothing in this section affects or prevents any action or
proceeding to enforce any mortgage, pledge or other lien
upon property of the estate; except that attachment,
judgment, and execution liens shall be enforced as provided
in this chapter and not otherwise.
305, A.L. 1969 p. 551, A.L. 1978 H.B. 1634, A.L. 1980 S,B. 637,
A.L. 1989 H.B. 145, A.L. 1993 S.B. 88, A.L. 1996 S.B. 494
CROSS REFERENCES: Limitations extended by death, survival, RSMo
516.240516.250 Survival of causes of action, RSMo 431.130,537.010,
537.020, 537.030
(1960) Where suit on personal injuries claim was filed within the nine
months but notice thereof was not filed in the probate court within that time
the suit would be dismissed because barred by the nonclaim statute. The
1959 amendment with respect to making the bar applicable only to assets of
the estate discussed. Smith v. Maynard (Mo.), 339 S.w.2d 737.
(1960) Where claim for compensation for services as originally filed was
based on alleged contract to make provision for such compensation by will,
70
the claim could be amended after expiration of nonclaim period to proceed
on quantum meruit Reighley v. Fabricius Estate (A.), 332 SW,2d 76.
(1961) A proceeding could be instituted in the circuit court for an
accounting and distribution of an escrow fund between the parties entitled
thereto notwithstanding a claim therefor had previously been filed in a
probate court. Stark v. Moffit (A.), 352 S.w.2d 165.
(1962) Actions against administrator of estate for personal injuries were
barred where actions had been barred under nonclaim statute prior to
statute's amendment since amendment did not extend new privileges
granted therein to bringing of new actions whichhad been extinguished prior
to effective date of amendment. State ex reI. Whitaker v. hall (Mo.), 358
S.w.2d 845, Potts v. Vadnais (Mo.), S.W.2d 543.
(1963) Suit to enforce contractual right of surviving partner under
partnership agreement to purchase deceased partner's interest did not
constitute a claim against the deceased partner's estate within the meaning
of the nonclaim statutes. Strumberg v. Mercantile Trust Co. (Mo.), 367
S.w.2d 535.
(1963) Nunc pro tunc order of probate court to correct record to show the
filing of copy of petition and duplicate copy of summons in personal injury
suit against administratix of estate based solely on oral testimony of attomey
that he handed instruments to probate clerk on certain date was error. In re
Grooms' Estate (A.), 370 S.w.2d 709.
(1964) Where condemnation proceeding was pending at time of
condemnor's death, the fact that condemnor did not file notice of the action
in probate court did not call for dismissal of condemnor's exceptions to
commissioners' report and payment to condemnor of difference between the
commissioners' award and smaller jury verdict was not recovery on a
"judgment" within meaning of this section. Condemnation damages were not
assets to be administered in probate court until administrators exercised
their right to draw down amount deposited. St. Louis Housing Authority v.
Bames (Mo.), 375 SW,2d 144.
(1967) This section is mandatory and its prupose is to terminate all claims,
whether due, not due, or contingent. In re Estate of Bierman (A.), 410
SW,2d 342.
(1985) Held, due process does not require any more than publication
notice to a creditor that a decedent's estate is being administered and the
notice provisions of sections 473.360 and 473.033, RSMo, are constitutional.
Estate of Busch v. Ferrell Duncan Clinic (Mo. banc) 700 S.w.2d 87.
CROSS REFERENCES: Administrators, profit on publication of notices or
advertisements prohibited, RSMo 493.130, 493.140
Adversary probate proceeding defined for Chap. 473, RSMo 472.140
Attachment proceeding, administrator made party, where, RSMo 521.430
Bi-state development agency, bonds of, investment in authorized, RSMo
70.377
Declaratory judgment. executor or administrator may obtain as to rights,
RSMo 527.040
Mortgages, satisfaction by executor or administrator, RSMo 443.160 to
443.180
Probate code, definitions. RSMo 472.010
Public officer, executor or administrator of to deliver records, RSMo
109.020 to 109.040
Savings accounts in insured savings and loan associations, investment in
authorized, RSMo 369.194
Tax assessment list, executor or administrator to give assessor, RSMo
137.350
473.363. Suits pending at decedent's death
deemed duly filed, when--personal representative to
list pending actions--period of nonclaim not
affected
1. Any action pending against any person at the time of his
death, which, by law, survives against the personal
representative, is considered a claim duly filed against his
estate from the time substitution of the personal
representative for the deceased defendant, or motion
therefor, is made and written notice thereof is filed in the
probate division.
2. Within ninety days after the appointment of a personal
representative, he shall file with the probate division a
verified statement of all actions, known to him, pending
against his decedent at decedent's death. Within this ninety-
day period, the personal representative of a decedent against
whom any action, known to the personal representative was
pending at the date of death, shall notify in writing all adverse
parties to the action or their attorneys of record therein, if
any, and the clerk of the court in which the action was
pending, stating the date of decedent's death, the name of
the court which granted letters testamentary or of
administration, the name and address of the person or
persons to whom the letters were granted, the number of the
estate, and the date of the first publication of notice of
granting the letters testamentary or of administration. Nothing
herein contained, however, shall be construed as extending,
suspending, or in any other way affecting the period of
nonclaim provided by section 473.360. In the case of the
corporate personal representative, the corporation shall be
chargeable with the knowledge of the individual or individuals
conducting the administration of the estate. In the case of
multiple personal representatives, a personal representative
having no knowledge of the pendency of a suit against the
decedent shall not be chargeable with the knowledge of a
copersonal representative. No personal representative shall
have any liability for failing to give notice.
S.B. 305, A.L. 1967 p. 642, A.L. 1978 H.B. 1634, A.L. 1980 S.B.
637
NOTES:
PRIOR REVISIONS: 1929 184; 1919 183; 1909 192
(1961) Personal injury action which survived after death of
defendant occurring six months before the amendment of the
nonclaim statutes did not abate where plaintiff failed to comply with
the original statutes but complied with the statutes as amended.
Rabin v. Krogsdale (Mo.), 346 S.w.2d 58.
71
473.367. Actions commenced after decedent's
death deemed filed, when
Any action commenced against a personal representative,
after death of the decedent, is considered a claim duly filed
against the estate from the time of serving the original
process on the personal representative, and the filing of a
written notice in ihe probate division of the institution of such
action within the time prescribed in section 473.360.
HISTORY: RSMo 1939 184,A.L.1955p.385 141,A.L.1959
S.B. 305, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637
NOTES:
PRIOR REVISIONS: 1929 185; 1919 184; 1909 193
(1962) Actions against administrator of estate for personal injuries
were barred where actions had been barred under nonclaim statute
prior to statute's amendment since amendment did not extend new
privileges granted therein to bringing of new actions which had been
extinguished prior to effective date of amendment. State ex reI.
Whitaker v. Hall (Mo.) 358 S.w.2d 845. Potts v. Vadnais (Mo.), 362
S.W.2d 543.
473.370. Establishment of claim by judgment--
judgment deemed filed, when
1. A person having a claim against an estate may establish
the same by the judgment or decree of some court of record,
in the ordinary course of proceeding, upon filing a copy of the
judgment or decree in the probate division.
2. Except where notice of revival of an action or of institution
of an action is filed as required by section 473.363 or
473.367, any judgment or decree is deemed filed within the
meaning of section 473.360 as of the time a copy of the
judgment or decree is filed in the probate division as required
by this section.
H.B. 1634, A.L. 1980 S.B. 637
NOTES:
PRIOR REVISIONS: 1929 189; 1919 188; 1909 197
473.380. Claims. form and verification--claim to
be established bv evidence
1. No claim other than for costs and expenses of
administration shall constitute a claim against an estate
unless it is in writing, stating the nature and amount thereof, if
ascertainable, and is signed by the claimant, or by some
person for him who has knowledge of the facts, stating that to
the best of his knowledge and belief he has given credit to
the estate for all payments and offsets to which it is entitled
and that the balance claimed is justly due.
2. If a claim is founded on a written instrument, the original or
a copy thereof with all endorsements shall be attached to the
claim. The original instrument shall be exhibited to the
personal representative, upon demand. unless it is lost or
destroyed, in which case its loss or destruction shall be
stated in the claim.
3. The statement of claim herein required shall not be
received as any evidence of the claim but such claim shall be
established by competent evidence before it is paid or
adjusted.
4. Upon the filing of any claim, the probate clerk shall
immediately send a copy of the claim to the personal
representative or his attorney.
1959 S.B. 141, A.L. 1980 S.B. 637, A.L. 1985 S.B. 35, et al.
NOTES:
PRIOR REVISIONS: 1929 193,195; 1919 192,194; 1909
201,203
(1964) If a claimant concedes that payments were made on the
subject of the claim, he must show such credits in his claim. But if
he does not so concede, the burden is on the estate to prove
payment, not on claimant to prove nonpayment. Hubbard v.
Happel's estate (A.), 382 S.w.2d 416.
(1974) Held that claim form used met requirements of this section
and that signature not being on proper line did not invalidate the
claim. State ex reI. Nollmann v. Gunn, (A.), 513 S.w.2d 710.
473.383. Claims not due, proceedings
The court may allow any claim filed against an estate,
which is payable at a future day, at the then present value
thereof, or the court may order the executor or administrator
to retain in his hands sufficient funds to satiSfy the same
upon maturity; or if the heirs, devisees, or legatees offer to
give bond to a creditor for the payment of his claim according
to the terms thereof, the court may order the bond to be
given in satisfaction of such claim.
HISTORY: L. 1955 p. 385 146
72
473.387. Secured claims--surrender of security ..
payment
When a creditor holds any security for his claim. the
security shall be described in the claim. If the claim is
secured by a mortgage, pledge, or other lien which has been
recorded or filed for record, it is sufficient to describe the lien
by date, and refer to the volume, page and place of recording
or filing and the names of parties thereto. The claim shall be
allowed in the same amount as if it were unsecured and the
judgment allowing it shall describe the security. The creditor
may surrender his security and be paid out of the assets of
the estate. Nothing in this law shall be construed to compel
the creditor to surrender his security until he receives
payment of his debt in full or he is paid the value of the
security. Payment of the claim shall be upon the basis of the
full amount allowed if the creditor surrenders his security;
otherwise payment shall be upon the basis of one of the
following:
(1) If the creditor exhausts his security before receiving
payment. then upon the basis of the full amount of the claim
less the amount realized upon exhausting the security;
(2) If the creditor has not exhausted or does not have the
right to exhaust his security, then upon the basis of the full
amount of the claim less the value of the security determined
by converting the same into money according to the terms of
the agreement pursuant to which the security was delivered
to the creditor, or by the creditor and personal representative
by agreement, arbitration, compromise, or litigation.
HISTORY: L 1955 p. 385 147, A.L. 1980 S.B. 637
NOTES:
(1961) Where parties to divorce suit entered into property
settlement which provided for the payment of the attorneys for both
parties, the claim for the attorney fees upon the death of one of the
parties to the divorce action who signed the agreement could be
established in the probate court Yonke v. Albert's Estate (A.), 351
S.w.2d 794.
473.390. Contingent claims
Contingent claims which cannot be allowed as absolute
debts shall be filed nevertheless in the court and proved. If
allowed as a contingent claim, the order of allowance shall
state the nature of the contingency. If the claim becomes
absolute before distribution of the estate, it shall be paid in
the same manner as absolute claims of the same class. In all
other cases the court may provide for the payment of
contingent claims in anyone of the following methods:
(1) The creditor and executor or administrator may
determine, by agreement, arbitration or compromise, the
value thereof, according to its probable present worth, and
upon approval thereof by the court, it may be allowed and
paid in the same manner as an absolute claim.
(2) The court may order the executor or administrator to
make distribution of the estate but to retain in his hands
sufficient funds to pay the claim if and when the same
becomes absolute; but for this purpose the estate shall not
be kept op3n longer than two years after distribution of the
remainder of the estate has been made; and if the claim has
not become absolute within that time, distribution shall be
made to the distributees of the funds so retained, after paying
any costs and expenses accruing during such period and the
distributees are liable to the creditor to the extent of the
estate received by them, if the contingent claim thereafter
becomes absolute. When distribution is made to distributees
the court may require such distributees to give bond for the '
satisfaction of their liability to the contingent creditor.
(3) court may order distribution of the estate as though
the contingent claim did not exist, but the distributees are
liable to the creditor to the extent of the estate received by
them, if the contingent claim thereafter becomes absolute;
and the court may require such distributees to give bond for
the performance of their liability to the contingent creditor.
HISTORY: L. 1955 p. 385 148
(1958) between three owners of corporation requiring
each to pay speCified amount to corporation, when, as and if it
needed money and was short of cash held valid and allowable
against estate of deceased party as a contingent claim. Becker-
Behrens-Gist Lbr. Co. v. Adams (A.), 311 SW.2d 70.
473.393. Collection of contingent claims from
distributees limitations contribution
If a contingent claim has been filed and allowed against an
estate and all the assets of the estate including the fund, if
any, set apart for the payment thereof, have been distributed,
and the claim thereafter becomes absolute, the creditor may
recover thereon against those distributees whose distributive
shares have been increased by reason of the fact that the
73
amount of the claim as finally determined was not paid prior
to final distribution, if an action therefor is commenced within
six months after the claim becomes absolute. The
distributees are jointly and severally liable, but no distributee
is liable for an amount exceeding the amount of the estate or
fund distributed to him. If more than one distributee is liable
to the creditor, he shall make all distributees who can be
reached by process parties to the action. By its judgment the
court shall determine the amount of the liability of each of the
defendants as between themselves, but if any is insolvent or
unable to pay his proportion, or beyond the reach of process,
the others, to the extent of their respective liabilities,
nevertheless, are liable to the creditor for the whole amount
of his debt. If a person liable for the debt fails to pay his just
proportion to the creditor, he is liable to indemnify all who, by
reason of the failure on his part, have paid more than their
just proportion of the debt, the indemnity to be recovered in
the same action or in separate actions.
HISTORY: L. 1955 p. 385 149, A.L. 1978 H.B. 1634
NOTES:
473.397. Classification of claims and statutory
allowances
All claims and statutory allowances against the estate of a
decedent shall be divided into the following classes:
(1) Costs;
(2) Expenses of administration;
(3) Exempt property, family and homestead allowances;
(4) Funeral expenses;
(5) Debts and taxes due the United States of America'
(6) Expenses of the last sickness, wages of servants, '
claims for medicine and medical attendance during the last
sickness, and the reasonable cost of a tombstone'
(7) Debts and taxes due the state of Missouri, county,
or any political subdivision of the state of Missouri;
(8) Judgments rendered against the decedent in his lifetime
and judgments rendered upon attachments levied upon
property of decedent during his lifetime;
(9) All other claims not barred by section 473.360.
p. 635, A.L. 1969 S.B. 84, A.L. 1980 S.B. 637
NOTES:
PRIOR REVISIONS: 1929 182; 1919 181; 1909 190
CROSS REFERENCES: State claims paramount--personalliability
on failure to pay, RSMo 430.330 to 430.350
Probate .court has no jurisdiction to appoint an
administrator ad litem once an appeal from its decision has been
filed. Bank of Kansas City v. District Director of I.R.S., 721 S.w.2d
226 (Mo.App. 1986).
473.398. Recovery of public assistance funds
from recipient's estate, when authorized ..
procedure ee exceptions
1. Upon the death of a person, who has been a recipient of
aid, assistance, care, services, or who has had moneys
expended on his behalf by the department of health and
senior services, department of social services, or the
department of mental health, or by a county commission, the
total amount paid to the decedent or expended upon his
behalf after January 1, 1978, shall be a debt due the state or
county, as the case may be, from the estate of the decedent.
The debt shall be collected as provided by the probate code
of Missouri, chapters 472,473,474 and 475, RSMo.
2. Procedures for the allowance of such claims shall be in
accordance with this chapter, and such claims shall be
allowed as a claim of the seventh class under subdivision (7)
of section 473.397.
3. Such claim shall not be filed or allowed if it is determined
that:
(1) The cost of collection will exceed the amount of the
claim;
(2) The collection of the claim will adversely affect the need
of the surviving spouse or dependents of the decedent to
reasonable care and support from the estate.
4. Claims consisting of moneys paid on the behalf of a
recipient as defined in 42 U.S.C. 1396 shall be allowed,
except as provided in subsection 3 of this section, upon the
showing by the claimant of proof of moneys expended. Such
proof may include but is not limited to the following items
which are deemed to be competent and substantial evidence
of payment:
(1) Computerized records maintained by any governmental
entity as described in subsection 1 of this section of a
request for payment for services rendered to the recipient;
and
(2) The certified statement of the treasurer or his designee
that the payment was made.
5. The provisions of this section shall not apply to any claims,
adjustments or recoveries speCifically prohibited by federal
statutes or regulations duly promulgated thereunder. Further,
the federal government shall receive from the amount
recovered any portion to which it is entitled.
HISTORY: L. 1977 H.B. 462 1 to 4, A.L. 1981 S.B. 117, A.L.
1985 S.B. 5, et aI., A.L. 1995 S.B. 357
74
473.399. Definitions .. obligation to repay
assistance, claim against estate, when 00 defenses.
setoff 00 exceptions
1. As used in this section, the following terms mean:
(1) Assistance", funds expended by a state agency to or
on behalf of a person in the form of aid, care, or services,
except that for the purposes of this section, aid to families
with dependent children shall not be considered assistance;
(2) "Obligor estate", the estate against which an obligation
under this section arises;
(3) "Recipient", a person to whom or on whose behalf
assistance is provided;
(4) "State agency", the department of social services,
department of health and department of mental health of the
state of Missouri.
2. For the purposes of this section, the providing of
assistance shall create an obligation which may be recovered
by filing a claim in the probate division of the circuit court
against the decedent estate of the spouse of the deceased
reCipient upon such spouse's death as provided by the
probate code of Missouri, chapters 472, 473, 474 and 475,
RSMo. The amount of the state debt shall be the full amount
of assistance without interest provided to the recipient during
the marriage of such reCipient and spouse; provided that the
liability of the obligor estate shall not exceed the value of the
combined resources of the recipient and the spouse of the
recipient on the date of death of the recipient.
3. The state agency providing the assistance may initiate a
claim on the debt against the obligor estate.
4. The obligor estate may assert as a defense to the state
agency's claim that more than two years prior to the providing
of assistance, the recipient voluntarily abandoned the
spouse.
5. An obligor estate shall have the right of setoff against the
state debt for any amounts recovered by the state agency
from the estate of the deceased recipient pursuant to section
473.398.
6. Claims shall not be filed under this section when collection
of the state debt would be contrary to federal statutes for
assistance programs in which federal funds are received.
HISTORY: L. 1990 H.B. 1725 1
473.403. Allowance of claims--court's duties--
allowance by personal representative
1. Except as provided in subsections 2 and 3 hereof, no
claimant is entitled to payment unless his claim has been
duly filed and allowed by the court. Upon the adjudication of
any claim the court shall allow it in whole or in part, or
disallow it. The order allowing the claim has the effect of a
judgment and bears interest at the legal rate, unless the
claim provides for a different rate in which case the judgment
shall be rendered accordingly.
2. Except in case of the personal representative's own claim,
any claim may be paid by the personal representative.
without allowance thereof by the court, and credit may be
had therefor in his settlement, provided the same is either
paid or filed within the time prescribed by section 473.360;
but, if written exceptions thereto are duly filed by any
interested party within the time allowed for filing exceptions to
the final settlement of the personal representative, hearing by
the court shall be had thereon. On such hearing the burden is
on the personal representative to prove that the estate was
liable on the claim for the amount so paid. If the court
adjudges that the estate was not liable for any part of the
amount paid, the exceptions to such extent shall be
sustained.
3. Claims for expenses of administration may be allowed
upon application of the claimant or of the personal
representative, or may be allowed in the discretion of the
court at any settlement regardless of whether or not they
have been paid by the personal representative.
HISTORY: L 1955 p. 385 152, AL 1969 p. 553, A.L 1980 S.S.
637
NOTES:
473.407, Defenses against claims
Any executor or administrator may assert the same
offsets and other defenses against any suit or other
proceeding instituted against the estate of his testator
or intestate which he might have made in his lifetime.
HISTORY: RSMo 1939 191, A.L 1955 p. 385 153
NOTES:
PRIOR REVISIONS: 1929 192; 1919 191; 1909 200
75
473.410. Offsets or counterclaims--personal
representative to list--how asserted--procedure--
judgment
The personal representative shall file a statement of all
offsets or counterclaims against the creditor not less than
twenty days prior to the date of hearing. The court may
permit the statement to be filed in less than twenty days prior'
to the date of the hearing for good cause. Upon hearing of
the claim and offsets or counterclaims the court shall
determine the amount due by and against the estate and
render judgment in favor of or against the estate for the net
amount. If a judgment is rendered against a claimant for any
net amount, execution may issue in the same manner as on
judgments in civil cases. An offset mayor may not diminish
or defeat the recovery sought by the opposing party. Such
offset may claim relief exceeding in amount or different in
kind from that sought in the claim of the creditor.
HISTORY: L 1955 p. 385 154, A.L 1980 S.B. 637
NOTES:
473.413. Hearing and disposition of claims ..
notice
Each court may provide by rule for the time and notice of
hearing and disposition of claims filed therein or may set any
individual claim or claims for hearing irrespective of rule.
Except when ordered by the court for cause or upon
agreement of the parties the time for hearing of any claim
shall not be fixed at any time before the expiration of twenty
days after notice thereof has been served on the personal
representative.
HISTORY: L 1955 p. 385 155, AL. 1980 S.B. 637
NOTES:
473.423. Claim of personal representative .. how
established .. procedure--fee
A personal representative may establish a claim against
the estate by proceeding against his corepresentative in the
manner prescribed for other persons; but if there is no
corepresentative, he shall file his claim and other papers,
and, unless the persons whose interests would be adversely
affected consent thereto in writing, the court shall appoint
some suitable person as administrator ad litem to appear and
manage the defense. The fee allowed to the administrator ad
litem shall be charged against the claimant as costs unless
the claimant can show that the claim arose prior to
decedent's death or, that by advancing funds on behalf of the
estate, the estate was benefited thereby, in which event the
fee allowed the administrator ad litem shall be charged as
costs against the estate and paid as an expense of
administration.
S.B.637
NOTES:
PRIOR REVISIONS 1929 203; 1919 202; 1909 211
473.427. Compromise of claims against estate
When a claim against the estate has been filed or suit
thereon is pending, the creditor and personal
representative, if it appears for the best interest of the
estate, may compromise the claim, whether due or not
due, absolute or contingent, liquidated or unliquidated.
HISTORY: L. 1955 p. 385 159, A.L. 1980 S.B. 637
NOTES:
(1960) Court property entered judgment based on compromise
agreement between administrator and claimant. Evidence held not
to show impropriety of the allowance or that the compromise was
not in the best interest of the estate. Robb v. Casteel (A.), 340
SW.2d 180.
473.430. Payments of claims and statutory
allowances in order of classification "proportional
payment-priority
All claims and statutory allowances against an estate shall
be paid by the personal representative, as far as he has
assets, in the order specified in section 473.397; and no
claim or statutory allowance of one class shall be paid until
76
all previous classes are satisfied or it appears that there are
sufficient assets to satisfy all previous classes. If there are
not sufficient assets to pay the whole of anyone class,
claims shall be paid in proportion to their amounts. Exempt
property, family allowance and homestead allowance have
priority for payment. in the order listed, among themselves.
S.B. 637 NOTES:
PRIOR REVISIONS: 1929 208; 1919 207; 1909 216
473.433. Payment of claims not required prior to
six months after first publication--payments after
six months .. insufficient funds--payment with
consent of all parties--no just claim to be barred,
when
1. Prior to the expiration of six months after the date of the
first publication of letters, no personal representative shall be
compelled to pay any claim presented to him or filed with the
court; provided, however, that subsequent to the expiration of
the time specified in section 473.360, no personal
representative shall pay any claim except costs and
expenses of administration, unless, within the time specified
in sections 473.360, 473.363, and 473.367, said claim has
either been filed with the court or acknowledged by the
personal representative in writing to be a just claim.
2. Upon the expiration of six months after the date of first
publication of letters, or when it appears that there are
sufficient assets to pay all claims whether or not theretofore
allowed, the personal representative shall proceed to pay all
claims to which he has consented or which have been
allowed by final judgment.
3. If it appears at any time that the estate is or may be
insolvent, that there are insufficient funds on hand, or that
there is other good and sufficient cause, the personal
representative may report that fact to the court and apply for
any order that he deems necessary in connection therewith.
4. Notwithstanding sections 473.360, 473.363, and 473.367,
a personal representative may pay any claim at any time with
the consent of all interested parties.
5. No claim filed with the court or acknowledged by the
personal representative in writing to be a just claim, within
the time speCified in sections 473.360, 473.363 and 473.367,
shall be barred on the basis of the claim not having been
served upon the personal representative within the time
specified in sections 473.360,473.363, and 473.367.
637, A.L. 1982 S.B. 700 Revision, A.L. 1996 S.B. 494
NOTES:
(1995) Six-month bar also applies in conservatorships. Rebound,
Inc. v. Pugh, 912 S.w.2d 660 (Mo.App.w.D. 1995).
473.437. Extension or renewal of encumbrances
of assets
When any assets of the estate are encumbered by
mortgage. pledge or other lien, the personal representative
may renew or extend any obligation secured by the
encumbrance or conveyor transfer the assets to the creditor
in satisfaction of his lien, in whole or in part, pursuant to
agreement with the holder of the encumbrance, whether or
not the holder of the encumbrance has filed a claim, if it
appears to be for the best interest of the estate.
HISTORY: L. 1955 p. 385 162, A.L. 1980 S.B. 637
NOTES:
473.440. Enforcement of judgment, attachment or
execution liens which attached prior to decedent's
death
When any real or personal property of an estate is bound
by the lien of any jUdgment, attachment or execution, which
attached prior to the death of decedent, the personal
representative, when the best interests of the estate require,
may obtain the redemption thereof, except that, if the estate
is insolvent, the property subject to the lien shall be sold in
the manner provided by law for the sale of property for the
payment of obligations of the estate. The proceeds of the
sale shall be used first to satisfy and pay the judgment or
execution without regard to the classification thereof, except
that claims in classes one through seven of section 473.397
have precedence over such liens, and the residue, if any,
shall be administered as other assets. If there is more than
one jUdgment, attachment or execution lien, and the estate is
insufficient to pay all of them, they shall be paid according to
their priority, or, if they are of equal priority, the proceeds
shall be applied to the several liens in proportion to their
respective amounts.
HISTORY: L. 1955 p. 385 163, A.L. 1980 S.B. 637
NOTES:
CROSS REFERENCES: Attached property of decedent to be sold
only under administration proceedings, RSMo 521.450, 521.460
Executions not to issue against executor or administrator, when,
RSMo 513.075 Executors or administrators not to be summoned as
garnishees, when, RSMo 525.030
77
473.443. Proceedings where real estate has been
sold under junior judgment
1. If real estate, being or having been bound by the liens of
several judgments or attachments, has been sold under a
junior judgment, the personal representative shall file a
petition alleging the fact of the sale, the name of the plaintiff
in the junior judgment, the name of the purchaser, the dates
and amounts of the several judgments and attachments, and
the names of the persons in whose favor the several
judgments were rendered, or such attachments are
prosecuted.
2. The court thereupon shall cause a copy of the petition to
be served, in the manner provided by statute or civil rule,
upon the plaintiff in the judgment under which the real estate
was sold and the purchaser thereof, together with an order
that unless good cause to the contrary is shown, at a date
fixed by the court, an order will be made for the sale of the
whole or so much of the real estate as is sufficient to pay the
prior judgments or attachments.
3. The of the real estate has the privilege of paying
the prior judgments at any time within three months after the
date of the service of the petition, or, in case of attachments,
within the time specified in section 473.360.
4. If the purchaser of the real estate under the junior
judgment fails to pay the prior jUdgment, or judgment upon
prior attachments, or both, within the time prescribed in
subsection 3 above, the real estate shall be sold in the
manner provided by law for the sale of real estate of
decedents free from the encumbrance of the title derived
from the sale under the junior jUdgment, and the proceeds of
the sale shall be disposed of according to law.
HISTORY: RSMo 1939 151,A.L.1955p.385 164,A.L.1980
S.B.637
NOTES:
PRIOR REVISIONS: 1929 152; 1919 151; 1909 160
473.444. Limitations on filing claimsnwhen
claims barred
1. Unless otherwise barred by law, all claims against the
estate of a deceased person, other than costs and expenses
of administration, exempt property, family allowance,
homestead allowance, claims of the United States and claims
of any taxing authority within the United States, whether due
. or to become due, absolute or contingent, liquidated or
unliquidated, founded on contract or otherwise, which are not
filed in the probate division, or are not paid by the personal
representative, shall become unenforceable and shall be
forever barred against the estate, the personal
representative, the heirs, devisees and legatees of the
decedent one year following the date of the decedent's
death, whether or not administration of the decedent's estate
is had or commenced within such one-year period and
whether or not during such period a claimant has been given
any notice, actual or constructive, of the decedent's death or
of the need to file a claim in any court. No contingent claim
based on any warranty made in connection with the
conveyance of real estate is barred under this section.
2. Nothing in this section affects or prevents any action or
proceeding to enforce any mortgage, pledge or other lien
upon property of the estate; except that attachment,
judgment, and execution liens shall be enforced as provided
in this law and not otherwise.
HISTORY L 1989 H.B. 145
NOTES:
473.457. Sale of property under power in will
1. The sale and conveyance of property under a will shall
be made by the acting executor or administrator with the will
annexed, if no other person is apPointed by the will for that
purpose, or if such person fails or refuses to act.
2. Whenever power to sell or otherwise deal with property
under a will, by the terms thereof, is personal to the executor
therein designated, the court may direct the exercise thereof
by a successor executor or administrator or by some other
person. The court has full power to supervise the exercise of
such powers and to make such orders as are necessary to
effectuate the will of testator.
3. When power to sell, mortgage, lease or exchange property
of the estate has been given to any executor under the terms
of any will, the executor may proceed under such power, or
under the provisions of this law, as he may determine.
HISTORY: RSMo 1939 132, A.L. 1955 p. 385 168
7B
NOTES:
PRIOR REVISIONS: 1929 133; 1919 132; 1909 141
472.140
521.430
RSM070.377
proviSions, RSMo 267.555
443.160 to 443.180
Nonprobate transfers, R ~ M o 461.003 to 461.081
RSMo 109020 to 109.040
RSMo 137.350
473.460. Purposes for which property may be
sold, mortgaged, leased or exchanged
1. Real or personal property belonging to an estate may be
sold, mortgaged, leased or exchanged under court order for
any of the following purposes:
(1) For the payment of claims allowable against the estate;
(2) For the payment of any allowance made to the surviving
spouse and minor children of a decedent;
(3) For the payment of any legacy given by the will of the
decedent;
(4) For the payment of expenses of administration including
court costs;
(5) For the payment of any gift, estate, inheritance or
transfer taxes assessed upon the transfer of the estate or
due from the decedent or his estate;
(6) For any other purpose in the best interests of the estate;
or if it would be burdensome to the heirs or devisees to
distribute the personal property or the real estate in kind.
2. Real and personal property may be sold or mortgaged
under order of the court when necessary for the purpose of
making distribution of the estate or any part thereof.
3. Personal property of the estate shall be exhausted before
real estate is ordered sold for the payment of the obligations
of the estate unless the court otherwise orders.
HISTORY: L. 1955 p. 385 169, AL. 1957 p. 829, A.L. 1965 p.
636, A.L. 1980 S.B 637
NOTES
CROSS REFERENCES: Conveyances to urban redevelopment
corporation, when, RSMo 353.120 Homestead allowance, property
not to be sold, when, RSMo 474.290
(1963) Subdivision (6) does not apply to situations of concern only
to heirs and therefore neither the fact that it is desirable to sell the
land because it cannot be satisfactorily partitioned in kind nor the
fact that the real estate would bring a better price at a private sale
by an administrator could make 'necessary' the sale of real estate
under subdivision (6). Mcintosh v. Connecticut General Life
Insurance Co. (Mo.), 336 SW.2d 409.
(1974) Held that failure to allege facts in support of statutory
grounds for sale of property does not deprive probate court of
jurisdiction. Coons v. Stokes (A.), 514 SW,2d 33.
473.463. No known heirs. property to be sold
When there are no known heirs or legal representatives of
heirs, the personal representative shall sell all the real and
personal estate of the decedent as to which he died intestate
six months after administration is granted, unless the court
otherwise orders.
79
S.B.637
NOTES:
PRIOR REVISIONS: 1929 116; 1919 115; 1909 125
473.467. Reservation of property under direction
of willnspecific devises reserved
1. If any testator directs that his estate or any specific part
or parts thereof be not sold, the same shall be reserved
unless such sale is necessary for the payment of claims or
allowances to surviving spouse or minor children.
2. Specific devises shall not be sold in any case unless
necessary in accordance with section 473.620.
HISTORY: RSMo 1939 112, 114,A.L.1955p.385 171
NOTES:
PRIOR REVISIONS: 1929 113,115; 1919 112,114; 1909
122, 124
473.470. Heirs may give bond and prevent sale
An order prohibiting the sale of property for the payment of
obligations of the estate may be granted if any of the persons
interested in the estate executes and files in the court a bond
in such sum and with such sureties as the court approves,
conditioned to pay all obligations of the estate to the extent
that the other property of the estate is insufficient therefor,
within such time as the court directs. An action may be
maintained on such bond by the executor or administrator.
HISTORY: L. 1955 p. 385 172
473.473. Terms of sale
In all sales of real or personal property the court may
authorize credit to be given by the executor or administrator
for the payment of such portion of the purchase price and for
such periods of time, upon such rates of interest, with such
security, and upon such other conditions as the court finds to
be in the interests of the estate.
HISTORY: L. 1955 p. 385 173, A.L. 1957 p. 829
473.477. Executor or administrator not to
purchase. exception
No executor or administrator shall purchase any property
belonging to the estate which is sold either at public or
private sale, unless written consent thereto is filed by the
distributees.
HISTORY: RSMo 1939 161, A.L. 1955 p. 385 174
NOTES:
PRIOR REVISIONS 1929 162; 1919 161; 1909 170
473.480. Validity of proceedings
No proceedings for sale, mortgage, lease, exchange or
conveyance by an executor or administrator of property
belonging to the estate shall be subject to collateral attack on
account of any irregularity in the proceedings if the court
which ordered the same had jurisdiction of the estate.
HISTORY: L. 1955 p. 385 175
473.483. Sales of perishable property
Every executor or administrator may sell at private or public
sale all goods and chattels of the decedent that are liable to
perish, be consumed or rendered worse by the keeping upon
obtaining order of the court so to do. Approval of the court of
a sale without prior order validates the sale.
HISTORY: RSMo 1939 111, AL 1955 p. 385 176
NOTES:
PRIOR REVISIONS 1929 112; 1919 111; 1909 121
473.487. Sale. mortgage or lease of personal
property
An executor or administrator may file a petition to sell,
mortgage or lease any personal property belonging to the
estate. The petition shall set forth the reasons for the
application and describe the property involved. The petition
may be heard with or without notice as the court directs.
Notice of the hearing, if required, shall state briefly the nature
of the application and shall be given as provided in section
472.100, RSMo. The court may order the sale, mortgage or
lease of the property described or any part thereof, on the
most advantageous terms obtainable. No report or
confirmation of the transaction is necessary unless required
80
by the court; but no privately negotiated sale, mortgage or
lease made under this section is valid unless prior
authorization or subsequent approval of the court is secured.
HISTORY: L. 1955 p. 385 177, A.L. 1957 p. 829
473.490. Sale of real estate on court's motion.
when
1. If, upon any settlement of the executor or administrator,
it appears that the personal property of an estate is not
sufficient for the payment of claims, legacies or allowances to
the surviving spouse or unmarried minor children, the court
may require a hearing to determine if real property of the
estate should be sold, mortgaged or leased for that purpose.
2. Notice of the hearing, stating the time and nature thereof,
shall be given by the clerk in the manner and to the persons
as provided in subsection 2 of section 473.493.
3. Upon hearing the matter, and upon the adduction of
satisfactory proof, the court may order the sale, mortgage or
lease of such real property of the estate as the
circumstances may require, and the same proceedings under
this law shall thereafter be had in relation to the sale,
mortgage or lease as if the same had been instituted on
petition of the executor or administrator, or a creditor or other
interested person.
p.829
NOTES:
PRIOR REVISIONS: 1929 166; 1919 165; 1909 174
473.493. Petition to sell. mortgage or lease real
estate--notice--order
1. An executor or administrator may file a petition to sell,
mortgage or lease any real property belonging to the estate.
The petition shall set forth the reason for the application and
describe the property involved. It may apply for different
authority as to separate parts of the property; or it may apply
in the alternative for authority to sell, mortgage or lease. If the
property is bound by the lien of a judgment or attachment,
that fact shall be stated in the petition together with detailed
information as to the date, amount and holder of the lien.
Upon the filing of the petition, the court shall fix the time and
place for the hearing thereof.
2. Notice of the hearing shall state briefly the nature of the
application and shall be given to heirs and devisees whose
names and addresses appear in the files or records of the
case in the probate division of the circuit court and who are
interested persons and to such other persons as the court
directs. The notice shall be given by ordinary mail or by
publication or both as ordered by the court. Publication, if
any, shall be at least once each week for four consecutive
weeks in accordance with section 472.100, RSMo. Where
service by publication is ordered, the hearing shall be held at
the time speCified in the notice which shall not be before the
thirtieth day or later than the fortysecond day after the date
of the first insertion of the publication and, in other cases, the
hearing shall be had at the time speCified in the notice. For
good cause shown on the date specified, or on a date to
which the hearing is duly continued, the court may continue
the hearing to a later date without further notice.
3. At the hearing and upon satisfactory proofs, the court may
order the sale, mortgage or lease of the property described
or any part thereof. When a claim secured by a mortgage on
real property, under the provisions of this law, is payable at
the time of distribution of the estate or prior thereto, the court
with the consent of the mortgagee may, nevertheless, order
the sale of the real property subject to the mortgage, but
such consent releases the estate should a deficiency later
appear.
HISTORY: L. 1955 p. 385 179, A.L. 1957 p. 829
81
473.497. Creditor or other person may file
petition. when
If the executor or administrator does not make such
application, a creditor or other person interested in the estate
may file a like petition, giving twenty days' notice to the
executor or administrator. On the filing of the petition the
court may order the executor or administrator to furnish such
information and records as the court deems necessary. On
the petition the court shall proceed in the same manner as
provided in section 473.493.
HISTORY: RSMo 1939 145, A.L. 1955 p. 385 180
NOTES:
PRIOR REVISIONS: 1929 146; 1919 145; 1909 154
473.500. Order for sale. mortgage or lease of
property. content -- duration .. reappraisal. when
The order shall describe the property to be sold, mortgaged
or leased and may deSignate the sequence in which the
several parcels shall be sold, mortgaged or leased. An order
for sale shall direct whether the property shall be sold at
private sale or public auction. If real property is to be sold at
private sale it shall direct that the same shall not be sold for
less than three fourths of the appraised value; or if real
property is to be leased, it shall direct that the same shall not
be leased for less than the appraised rental value. If real
property is to be mortgaged, it shall fix the maximum amount
of principal, the maximum rate of interest, the earliest and
latest date of maturity, and shall direct the purpose for which
the proceeds shall be used. An order for sale, mortgage or
lease shall remain in force until terminated by the court. The
court may, if it finds that there is probable cause to believe
that the value of the property has changed, order a
reappraisal thereof.
HISTORY: L. 1955 p. 385 181, A.L. 1959 S.B. 141, A.L. 1980
S.B.637
NOTES:
473.507. Notice of public sale of real estate
In all public sales of real estate made under this law, the
executor or administrator shall cause a notice containing a
particular description of the real estate to be sold and the
street address or approximate direction and distance from
any city or town, and popular name thereof, if any, stating the
time, place and terms of sale, to be published once a week
for four consecutive weeks prior to the sale in some
newspaper. The name of the estate shall be printed in capital
letters in the notice. The notice shall be published in
accordance with section 472.100, RSMo, except that the
newspaper in which publication is made must be published in
the county in which the land is situated, or if there is none, in
an adjoining county. Omission of or error in the street
address or approximate direction or distance from any city or
town or popular name, or any of them, shall not affect the
validity of the notice.
HISTORY: RSMo 1939 159. AL. 1955 p. 385 183
NOTES:
PRIOR REVISIONS: 1929 160; 1919 159: 1909 168
473.510. Public sale of real estate, where made,
adjournment
1. All public sales of real estate, made by order of the court,
shall be made at the courthouse door of the county in which
the real estate is situated, or at such other place in the
county as may be fixed by the court order, at the time
specified in the notice, and shall be conducted openly by
auction.
2. The executor or administrator may adjourn the sale from
time to time, but not for longer than three months in all. Every
adjournment shall be announced publicly at the time and
place fixed for the sale.
HISTORY: RSMo 1939 160, A.L. 1955 p. 385 184
NOTES:
PRIOR REVISIONS: 1929 161; 1919 160; 1909 169
473.513. Report of saleobjectionsapproval
1. Within ten days after making a sale, mortgage or lease
of real estate, the executor or administrator shall make a full
report of his proceedings, with the certificate of appraisement
if a new appraisement is required by the court, and a copy of
the advertisement, if a public sale, which report shall be
verified by affidavit that he did not, directly or indirectly,
82
purchase the real estate or any part thereof, or any interest
therein, and that he is not interested in the property sold
except as stated in the report. If the written consent of
distributees to the purchase by the executor or administrator
is filed as provided by section 473.477 the affidavit is not
required. The report of sale shall remain on file ten days
before being acted upon by the court.
2. A person interested in the estate desiring to object to
confirmation may file objections in writing, setting forth the
reasons therefor.
3. The court shall examine the report and if satisfied that the
sale, mortgage or lease has been at the price and terms
most advantageous to the estate and in all respects made in
conformity with law and ought to be confirmed, shall approve
the same and order the executor or administrator to make a
deed, mortgage, lease or other proper instruments to the
person entitled thereto.
HISTORY: RSMo 1939 162, A.L. 1955 p. 385 185
NOTES:
PRIOR REVISIONS: 1929 163; 1919 162; 1909 171
473.517. New sale ordered, when
If the report and proceedings of the executor or
administrator are not approved by the court, his proceedings
shall be void. When from any cause no sale, mortgage or
lease is made, the court with or without further notice to heirs
or devisees, may order a new sale, mortgage or lease upon
which the same proceedings shall be had as upon the
original order or, unless the original order is terminated as
provided in section 473.500, further proceedings may be had
on the original order itself.
HISTORY: RSMo 1939 163, A.L. 1955 p. 385 186
NOTES:
PRIOR REVISIONS: 1929 164; 1919 163; 1909 172
473.520. Conveyance executed, contentseffect
1. Upon approval of a sale, mortgage or lease in
accordance with section 473.513, the executor or
administrator shall execute. acknowledge and deliver a
conveyance to the grantee or mortgagee or a lease to the
lessee according to the order of approval.
2. In case of a sale or mortgage. the conveyance shall refer
in apt and appropriate terms to the order of or mortgage
and the court by which it was made, the certificate of
appraisement, the advertisement, the time and place of sale,
the report of the proceedings and order of approval thereof
by the court and the consideration and conveying or
mortgaging to the grantee or mortgagee all the right. title and
interest which the decedent had in the same.
3. In case of a lease, the lease shall contain like information
and shall grant to the lessee posseSSion an.d use of al.1 the
right, title and interest which decedent had In the demised
premises.
4. Such deed, mortgage or lease shall convey to the grantee,
or mortgagee, or lessee all the right, title which
the decedent had in such real estate at the time of hiS death,
in accordance with its terms, and be evidence of the facts
therein recited.
HISTORY RSMo 1939 164, AL. 1955 p. 385 187
NOTES:
PRIOR REVISIONS 1929 165; 1919 164; 1909 173
473.523. Execution of conveyance or lease where
personal representative resigns. dies or has letter
revoked
When a personal representative reSigns or dies, or his
letters are revoked after the sale, exchange, mortgage or
lease of real estate. and before executing a conveyance or
lease therefor, the purchaser, mortgagee, or lessee, his
heirs, assigns or grantees may petition the court, stating the
facts. If he satisfies the court that the purchase money was
paid, the court shall order the personal representative then
acting, or, if after final settlement, the sheriff of the county to
execute and acknowledge to the purchaser, mortgagee or
lessee. his heirs, assigns or grantees an appropriate
conveyance or lease. referring to the petition and order of
court. with such other recitals as provided by section
473.520. Such conveyance or lease shall be executed
accordingly and has the same effect to all intents and
purposes as if made by the personal representative who
made the sale, exchange, mortgage or lease of the real
estate.
83
S.B.637
NOTES:
PRIOR REVISIONS: 1929 167; 1919 166; 1909 175
473.527. Taxes not liens in hands of transferee
The lien of the state for estate taxes shall not extend to any
interest acquired by a purchaser, mortgagee, or lessee
through any transfer made by an executor or administrator
under a power contained in a will or under order of the court.
HISTORY: L. 1955 p. 385 189
473,530. Brokers', abstracting, and auctioneers'
fees
In connection with the sale, mortgage, lease or exchange
of property, the court may authorize the executor or
administrator to pay, out of the proceeds realized therefrom
or out of the estate, the customary and reasonable
auctioneers', brokers' and real estate sales fees or
commissions, and any necessary expenses for abstracting.
title insurance. survey, revenue stamps and other necessary
costs and expenses in connection therewith.
HISTORY: L. 1955 p. 385 190, AL. 1987 H.B. 356
473.533. Platting of real estate
Whenever in the opinion of the court, it is to the interest of
the estate to divide any lands belonging to the estate into
village or town lots, the court, upon application of the
executor or administrator, may make an order causing the
same to be done; and thereupon the executor or
administrator shall cause a plat of the lands so ordered to be
divided to be made according to the provisions of the statute
concerning the plats of towns and villages, and submit the
same to the court for its approval. Upon approval of the plat
by the court, a copy of the order approving the same,
properly certified, shall be endorsed thereon; and the plat, so
endorsed, shall be deposited and recorded as authorized by
law in other cases.
HISTORY: RSMo 1939 177, A.L. 1955 p. 385 191
NOTES:
PRIOR REVISIONS: 1929 178; 1919 177; 1909 186
473.537. Exchange of property
Whenever it appears upon the petition of the executor or
administrator or of any person interested in the estate to be
to the best interests of the estate to exchange any real or
personal property of the estate for other property, the court
may authorize the exchange upon such terms and conditions
as it may prescribe, which may include the payment or
receipt of part cash by the executor or administrator. If
personal property of the estate is to be exchanged, the
proceedings required for the sale of such property shall apply
so far as may be; if real property of the estate is to be
exchanged, the procedure for the sale of such property shall
apply so far as may be.
HISTORY: L. 1955 p. 385 192
473.540. Settlements required, when
1. Every personal representative shall file in the court a
statement of his accounts with proper vouchers, for
seWement at the following times, unless the court otherwise
orders:
(1) Annually on the anniversary date of the date of leiters
until the administration is completed;
(2) At any other time when directed by the court either on
its own motion or on application of any interested person.
2. Every personal representative shall file final settlement of
his estate at the following times:
(1) On the first court day after the expiration of six months
and ten days after the date of the first publication of notice of
letters granted or as soon thereafter as administration is
completed;
(2) Within ten days after revocation of his leiters unless the
court otherwise orders;
(3) Upon his application to resign and before his
resignation is accepted.
3. A personal representative may in case of continuance of
the final seltlement pursuant to order of the court, file the final
settlement at any time before the date to which it was
continued. The court may, in its discretion, for good cause
shown, extend the time for filing any intermediate or final
seltlement, or permit the late filing thereof, without penalty.
S.B.637
NOTES:
PRIOR REVISIONS: 1929 214; 1919 213; 1909 222
CROSS REFERENCES: Partition sale proceeds, distribution before
settlement prohibited, RSMo 528.140
84
472.140
521.430
RSMo 70.377
Cattle, female, sale by estate, brucellosis vactination law special
443.160 to 443.180
RSMo 109.020 to 109.040
Savings accounts in insured savings and loan aSSOCiations,
RSMo 137.350
473.543. Settlements, contents--vouchers for
disbursement--evidence, checks and drafts
1. Each settlement filed by a personal representative shall
state the period for which it is made and, among other things,
shall contain a just and true account of all moneys by him
collected, the date when collected, from whom collected and
on what account collected, whether on claims charged in the
inventory or for property sold or otherwise; and it shall show
the exact amount of principal and interest collected on each
claim, and also the amount and date of each expenditure or
distribution, and to whom and for what paid. Such settlement
shall also show what interest has been obtained by the
personal representative upon any funds in his hands, and
when obtained, on what amounts, for what time and at what
rate percent. Each expenditure of more than seventy-five
dollars for which a personal representative claims credit in
any settlement shall be supported by vouchers executed by
the person to whom the disbursement was made. The court
has discretion to require vouchers for expenditures of less
than seventy-five dollars. Every settlement shall be signed by
the personal representative.
2. When the law, local probate rule or practice requires the
production of original canceled checks or drafts as part of
any interim or final settlements of any kind by personal
representatives, conservators, or other persons, such
information may be retained and reproduced in a form
permitted under section 362.413, RSMo; and, provided such
information meets the requirements of section 362.413,
RSMo, no court may require the production of the original
checks and drafts.
S.B. 637, A.L. 1996 S.B. 494, A.L. 1998 S.B. 792
NOTES:
PRIOR REVISIONS: 1929 214; 1919 213; 1909 222
473.550. Interest to be accounted for
All interest received by executors or administrators on
debts due to the decedent are assets in their hands. They
shall not use the money of the decedent for their own private
purposes. If they do so, they shall be liable to the estate for
interest and any loss of principal. The deposit pursuant to
section 473.337 of funds of the estate in the banking
department of a banking institution which is the sole or joint
executor or administrator may, however, be made in all
cases in which such deposit would have been proper if such
banking institution were not an executor or administrator of
the estate. The court, at each settlement, shall exercise an
equitable control in making executors and administrators
as
account for interest, and for that purpose may take testimony
or examine the executor or administrator on oath.
1971 S.B. 163
NOTES:
PRIOR REVISIONS: 1929 223,224; 1919 222,223; 1909
231,232
473.553. Settlement docket. contents
The clerk of the court shall keep a docket and enter therein
a list of all personal representatives, the date of their letters
and the time at which they are required to file their
settlements.
HISTORY: RSMo 1939 214, A.L. 1955 P 385 197, A.L. 1957
p. 829, A.L. 1980 S.B. 637
NOTES:
PRIOR REVISIONS: 1929 215; 1919 214; 1909 223
473.557. Notice of time for settlement
The clerk shall notify each executor or administrator by
ordinary mail of the day on which each of his settlements is
required to be filed at least forty days before such date.
Failure to receive the notice herein required shall not excuse
any executor or administrator from making settlement at the
time required by law.
HISTORY: L. 1955 p. 385 198
473.560. Failure to file settlement. citation
If any executor or administrator fails to appear and file
settlement on the day for which his settlement is docketed,
the court shall continue the settlement to some future day
and issue a citation to the executor or administrator requiring
him to file settlement on the day to which the settlement is
continued or show good cause, if any he has, why his
settlement has not been filed and why his letters should not
be revoked. The citation shall be served in the manner
prescribed by the court in accordance with section 472.100,
RSMo.
HISTORY: RSMo 1939 216, A.L. 1955 p. 385 199
NOTES:
PRIOR REVISIONS: 1929 217; 1919 216; 1909 225
473.563. Settlement after citation, penalty
If, after service of the citation, the executor or administrator
appears and files his settlement he shall be fined for his
failure to file settlement at the proper time in a sum not
exceeding one hundred dollars, unless he satisfies the court
that it was impracticable for him to file settlement. All fines
shall be paid into the county treasury and the executor or
administrator and his sureties are liable for the same upon
their bonds.
HISTORY: RSMo 1939 218, A.L. 1955 p. 385 200
NOTES:
PRIOR REVISIONS: 1929 219; 1919 218; 1909 227
473.567. Failure to settle after citation, letters
revoked
If the executor or administrator fails to appear as required
by the citation or, appearing, fails or refuses to file
settlement, or to t.how cause why settlement should be
continued, the court, in addition to the fine provided for in
section 473.563, may revoke his letters and issue
attachments or other process to compel final settlement,
directed to any county in the state. In all such cases the
delinquent shall pay costs.
HISTORY: RSMo 1939 219, A.L. 1955 p. 385 201
NOTES:
PRIOR REVISIONS: 1929 220; 1919 219; 1909 228
473.570. Settlement, payment of claims ..
apportionment where assets insufficient
After every settlement, when the best interests of the estate
require it, on application of any interested person, the court
shall ascertain the amount of money of the estate which has
come to the hands of the personal representative from all
sources and the amount of claims allowable against the
estate, and may order the payment of the claims so
allowable. If it appears that there is not sufficient assets to
pay the whole of the debts and expenses of administration,
the court may apportion, in accordance with the provisions of
this law, among the creditors that percentage of their claims
as appears will not adversely affect the rights of other
creditors or the payment of administration expenses. The
court may order that the personal representative pay the
claims allowable against the estate according to the
apportionment, reserving sufficient assets to pay expected
claims and also reserving apportionments made on claims
which remain undecided until decision is had thereon.
86
S.B.637
NOTES:
PRIOR REVISIONS: 1929 225; 1919 224; 1909 233
473.573. Creditor may have execution, when
If an executor or administrator fails to pay any claim
ordered to be paid, in accordance with an order under
section 473.570 when demanded, the clerk of the court, on
application of the creditor, and being satisfied that the
demand has been made, shall issue execution for the
amount ordered to be paid, and costs, against the property,
goods and chattels and real estate of the executor or
administrator.
HISTORY: RSMo 1939 226, A.L. 1955 p. 385 203
NOTES:
PRIOR REVISIONS: 1929 227; 1919 226; 1909 235
473.577. Scire facias against sureties, when
If an execution is returned unsatisfied, the creditor may sue
out of the court a scire facias against anyone or more of the
sureties of the executor or administrator, referring to the
bond, the order of payment, the execution and return, and
requiring the surety to show cause why judgment should not
be rendered against him for the amount ordered to be paid
and still unsatisfied.
HISTORY: RSMo 1939 227, A.L. 1955 p. 385 204
NOTES:
PRIOR REVISIONS: 1929 228; 1919 227; 1909 236
473.580. Proceedings on scire facias
The scire facias may be directed to and served in any
county in this state, and if, upon return thereof, good cause to
the contrary is not shown, the court shall render judgment
against the surety for the amount unpaid and costs and
award execution therefor.
HISTORY: RSMo 1939 228, A.L. 1955 p. 385 205
NOTES:
PRIOR REVISIONS: 1929 229; 1919 228; 1909 237
473.583. Petition for final settlement and
distribution
At the time of filing of a final settlement the executor or
administrator shall petition the court to allow and approve his
settlement and if the estate is in a proper condition to be
closed, he shall also petition the court for an order
authorizing him to distribute the estate, and shall specify in
the petition the persons to whom distribution is to be made
and the proportions or parts of the estate to which each is
entitled.
HISTORY: L. 1955 p. 385 206
473.587. Notice of final settlement
When an estate is in a condition to be closed before filing
his final settlement and petition for distribution, the personal
representative shall give, or cause to be given, at least
twenty-nine days' notice by publication in the manner
provided by section 472.100, RSMo, stating (1) that he will
file final settlement and petition for distribution on a date
certain or as continued by the court, and (2) that objections to
the final setUement or petition for distribution shall be in
writing and filed within twenty days from the date the final
settlement is filed. The notice shall be published once a week
for four consecutive weeks, the last publication to be at least
seven days prior to the date specified therein for filing of the
settlement. At least fifteen days before the date specified in
the published notice the personal representative shall give, or
cause to be given, the same notice by ordinary mail to each
heir and devisee then interested in the estate whose name
and address is disclosed by the court records, and who has
not, in writing, waived such notice. Prior to the approval of
the final settlement, proof of service as provided in section
472.110, RSMo, and any written waivers shall be filed.
637, A.L. 1981 S.B. 117
NOTES:
(1962) Administrator was guilty of breach of trust and properly
removed where estate was grossly mismanaged and could have
been settled in 2 years but was delayed for 7 years, during which
time only 3 settlements were filed though no extension of time was
obtained. Credits were properly disallowed for expenses caused by
administrator's mismanagement and delay. In re Alexander's Estate
(Mo.), 360 S.w.2d 92.
87
473.590. Objections to settlement. when filed ..
form .. hearingnapproval
Within twenty days after the filing of the final settlement and
petition for distribution, or such longer time as may be
ordered by the court, any interested person may file written
objections thereto. The court may receive and file a final
settlement before the date speCified in the published notice,
or before the date to which the settlement was continued, but
in case of such premature filing the twenty-day period for
filing objections shall run from the date specified in the
published notice or the date to which the settlement was
continued, as the case may be. The objections must be in
writing and clearly state the specifiC grounds of objection and
the modification desired. If no objections are filed, the court
may approve the final settlement and order distribution as
prayed, without hearing if it deems such action proper. If
objections are filed, or if the court does not deem it proper to
approve the final settlement and order distribution as prayed
without hearing, a hearing on the matter shall be had.
HISTORY: L. 1955 p. 385 208, A.L. 1980 S.B. 637
NOTES:
(1972) If an interested person, within ten days after filing of a final
settiement requests additional time to file his written objections the
court may grant such extension. In re Estate of Schmer (Mo.), 485
SW.2d 682.
473.593. Credit for uncollectible debts shown in
inventory
At his final settlement, the court shall give credit to the
executor or administrator for any debt charged in the
inventory as due to the estate, if the court is satisfied that the
debt was not really due to the estate, or that it had been
balanced or reduced by offsets in any court of competent
jurisdiction, or that the debtor was insolvent, or that from any
other cause it was impossible for the executor or
administrator to have collected the claim by the exercise of
due diligence.
HISTORY: RSMo 1939 231, A.L. 1955 p. 385 209
NOTES:
PRIOR REVISIONS: 1929 232; 1919 231; 1909 240
473.597. Conclusiveness of order approving final
settlement
Upon the approval of the final settlement of an executor or
administrator, the executor or administrator and his sureties,
subject to the right of appeal and to the power of the court to
vacate its final orders, shall be relieved from liability for the
administration of his trust prior to his final settlement,
including liability with respect to the investment of the assets
of the estate. The court may disapprove the final settlement
in whole or in part and surcharge the executor or
administrator for any loss caused by any breach of duty.
HISTORY: L. 1955 p. 385 210
473.600. Accounting for assets received and
disbursed after final settlement
Receipts and disbursements of the executor or
administrator, subsequent to the filing of his final settlement,
shall be reported to the court before discharge. A settlement
thereof, together with an estimate of the expenses of closing
the estate, shall be made by the court and included in the
order of distribution, or the court may treat the statement as a
supplementary settlement and act on the same with or
without notice but, if the court determines that notice is
required or the executor or administrator or his sureties so
request. notice shall be given in the manner prescribed by
the court.
HISTORY: L. 1955 p. 385 212
473.603. Settlement on death, resignation, or
removal of personal representative
1. If a personal representative dies, reSigns, becomes
legally disabled or his letters are revoked, he or his legal
representatives or conservator shall file final settlement and
shall account for, pay and deliver to his successor, or to the
surviving or remaining personal representative all money and
property of every kind, and all rights, credits, deeds,
evidences of debt and such papers of every kind of the
decedent, at such time and in such manner as the court
orders. The final settlement may be made and approved
without notice or after giving notice to the persons and in the
manner directed by the court.
2. If a deceased personal representative leaves no estate
subject to administration, and letters are issued to his
personal representative solely for the purpose of making
settlement under this section, the cost in the court
proceeding in which letters are issued to the personal
88
representative of the deceased personal representative shall
be taxed in the estate of which he was personal
representative; and, in the administration proceeding in the
estate of the deceased personal representative there need
be no publication as required by section 473.033.
829, A.L. 1983 S.B. 44 & 45
NOTES:
PRIOR REVISIONS: 1929 48; 1919 47; 1909 55
473.607. Proceedings to compel settlement
jUdgment, enforcement
1. On the application of any successor or surviving
personal representative or of any interested person the court
may order any personal representative or his legal
representatives or any other person to file any final
settlement required by this law or by the order of the court,
and may attach and commit for cont&mpt any person who
fails to file the settlement within the time fixed by the court
until he complies with the order of the court.
2. The court, on the application of any successor or surviving
personal representative or of any interested person, may also
ascertain what quantity and kind of property of the decedent
was in the hands of a personal representative who has failed
to file his final settlement as required by this law or by the
order of the court, or whose personal representative or
conservator has failed to file settlement and may render
judgment against the personal representative and his
sureties therefor. The judgment may be enforced by
execution or, in case delivery of specific property or papers is
required, by attachment and commitment of his person until
delivery is made.
3. An application filed under this section shall be set for
hearing and at least ten days' notice of the time and place of
the hearing thereon shall be given all parties affected
thereby, by the clerk, and shall be served in the manner
directed by the court in accordance with section 472.100,
RSMo.
HISTORY: L. 1955 p. 385 214, A.L. 1983 S.B. 44 & 45
473.610. Distribution, when required
Executors and administrators shall not be compelled to
make distribution or pay legacies until six months after the
date of the letters, unless the legacies specified would be
perishable, or subject to injury if retained six months.
HISTORY: RSMo 1939 235, A.L. 1955 p. 385 215
NOTES:
PRIOR REVISIONS: 1929 236; 1919 235; 1909 244
472140
521430
RSMo 70.377
443.160 to 443.180
RSMo 109.020 to 109.040
RSMo 137.350
473.613. Partial distribution
1. Subject to the provisions of section 473.618, upon
application of the executor or administrator at any time, or on
application of any distributee after the expiration of six
months from the date of letters, the court may order the
executor or administrator to deliver to any distributee any
specific real or personal property, or the possession thereof,
to which he is entitled or may decree partial distribution if the
court believes that other distributees and claimants are not
prejudiced thereby. Within a reasonable time after distribution
of property under an order or decree made on application of
the executor or administrator and before the decree of final
89
distribution, or at any time before the decree of final
distribution if partial distribution was not made on application
of the executor or administrator, the court may order the
distributee to return all or a part of the property or the value
thereof. But no order of return shall be made unless
application therefor is filed within the time prescribed by
section 473.637 and for the purposes therein provided or for
other proper purpose.
2. The partial distribution under this section may be decreed
with or without notice to interested parties, as ordered by the
court. A decree of partial distribution made after notice to
interested persons is as conclusive as a decree of final
distribution with respect to the estate distributed except to the
extent that other distributees and claimants are deprived of
the fair share or amount which they would otherwise receive
on final distribution.
3. Before partial distribution is made, the court, upon the
request of the executor or administrator, shall require that
security be given for the return of the property so distributed
to the extent necessary to satisfy the interest of any
distributee or claimant prejudiced by the distribution. If partial
distribution is made without such request for security, the
executor or administrator and his sureties are liable for any
loss or damage sustained by any interested party as a result
thereof.
35, et al.
(1984) Refusal to approve a petition for partial distribution is not a
final judgment and therefore not appealable. Matter of Estate of Pilla
(Mo. App.), 674 SW2d 658.
473.617. Decree of final distribution
1. After the expiration of the time limit for the filing of
claims, the executor or administrator, if the estate is in a
condition to be closed, shall file his final settlement and at the
same time petition the court to decree the final distribution of
the estate.
2. In its decree of final distribution, the court shall designate
the persons to whom distribution is to be made, and the
proportions or parts of the estate, or the amounts, to which
each is entitled under the will and the provisions of this law,
including the provisions regarding advancements, election by
the surviving spouse and minor children, lapse, renunciation
and equitable retainer or setoff. Every tract of real property
so distributed shall be specifically described therein. The
decree shall find that the estate is in a condition to be closed;
and if all claims have been paid, it shall so state; otherwise
the decree shall state that all claims except those therein
speCified are paid and shall describe the claims for the
payment of which a special fund is set aside, and the amount
of the fund; if any contingent claims which have been duly
allowed are still unpaid and have not become absolute, such
claims shall be described in the decree. which shall state
whether the distributees take subject to them. If a fund is set
aside for the payment of contingent claims, the decree shall
provide for the distribution of such fund in the event that all or
a part of it is not needed to satisfy the contingent claims. If a
decree of partial distribution has been previously made, the
decree of final distribution shall expressly confirm it. or, for
good cause, shall modify the decree and state speCifically
what modifications are made.
3. If a distributee dies before distribution to him of his
share of the estate, his share may be distributed to the
executor or administrator of his estate, if there is one; or
if no administration on his estate is had and none is
necessary according to the provisions of sections
473.090 to 473.107, the share of the distributee shall
be distributed in accordance therewith.
4. The decree of final distribution is a conclusive
determination of the persons who are the successors in
interest to the estate of the decedent and of the extent
and character of their interests therein, subject only to
the right of appeal and the right to reopen the decree. It
operates as the final adjudication of the transfer of the
right, title and interest of the decedent to the
distributees therein designated; but no transfer before
or after the decedent's death by an heir or devisee shall
affect the decree. nor shall the decree affect any rights
so acquired by grantees from the heirs or devisees.
5. Whenever the decree of final distribution includes
real property, a certified copy thereof shall be recorded
by the executor or administrator in every county of this
state in which any real property distributed by the
90
decree is situated. The cost of recording the decree
shall be charged to the estate.
6. Subject to the provisions of section 473.618, the
personal representative shall make prompt distribution
of the assets of the estate after entry of any order of
distribution.
HiSTORY: L. 1955 p. 385 217, A.L. 1985 S.B. 35, et ai.
473.618. Notice to judgment creditors of
distribution .. contents of request
1, Any judgment creditor of a distributee desiring notice of
any partial or final distribution or both, may, at any time
subsequent to the granting of letters testamentary or of
administration, file with the clerk of the probate division of the
circuit court having jurisdiction a duly acknowledged request
for such notice and shall cause a copy of the request to be
served upon the personal representative administering the
estate or upon such representative's attorney of record, The
request shall specify the name and address of the judgment
creditor, the name of the debtor-distributee and the identity of
the estate, A separate request shall be filed for each
judgment creditor of a distributee desiring notice. After the
serving and filing of any such request, any distributee
mentioned in the request may be referred to as a "debtor-
distributee" ,
2. No partial or final distribution shall be made by a
supervised or independent personal representative to a
debtor-distributee after the serving and filing of any such
request until at least twenty days after such representative
has caused to be depOSited in the United States mail an
envelope certified or registered, and with postage fully
prepaid, enclosing a notice of the distribution and the date
when such distribution will be made, addressed to each
person whose name and address is set forth in a request
served and filed as provided in subsection 1 of this section,
Actual receipt by the addressee of the envelope shall not be
necessary to establish compliance with the requirements of
this section, The receipt issued by the United States Post
Office for certified or registered mail to evidence that the
envelope has been delivered by the personal representative
to the United States Post Office shall constitute proof of
compliance with the notice requirements of this section, Any
distribution made by any personal representative to a debtor-
distributee prior to the time speCified in the notice required by
this subsection shall not discharge such representative as
against a garnishment, attachment or other judicial process
with respect to such debtor-distributee which is served upon
such representative or upon such representative's attorney of
record by or in behalf of any judgment creditor who has
served and filed a request as described in subsection 1 of
this section if such distribution is made after the serving and
filing of such request by such judgment creditor and if such
garnishment, attachment or other judicial process is served
upon such personal representative or such representative's
attorney of record prior to the scheduled date of such
distribution.
HISTORY: L 1985 SB, 35, et aI., AL 1996 S,B, 869
NOTES:
91
473.620. Order in which assets are appropriated ..
abatement
1. When it is necessary that there be an abatement of the
shares of the distributees, they shall, subject to the
provisions of the will, abate, without any preference or priority
as between real and personal property, in the following order:
(1) Property not disposed of by the will;
(2) Residuary devises;
(3) General legacies;
(4) SpeCific devises. A general legacy charged on any
specifiC property or fund for the purposes of this section is
deemed property specifically devised to the extent of the
value of the thing on which it is charged. Upon the failure or
insufficiency of the thing on which it is charged, it is deemed
a general legacy to the extent of such failure or insufficiency,
2, Subject to the provisions of the will, and to section
473.623, devises of the same class shall abate
proportionately,
3, If the provisions of the will or the testamentary plan or the
express or implied purpose of the devise would be defeated
by the order of appropriation and application prescribed by
subsection 1 hereof, the property of the testator shall be
apportioned in the manner found necessary to give effect to
the intention of the testator.
HISTORY L 1955 p, 385 218
1984 J In determining how the surviving spouse's election to take
against the will affects the distribution of the rest of the estate when
the testator has not specified what is to happen, the court held that
the legislature did not intend for the abatement statute to apply to an
election to take against the will. Wilkinson v, Brune (Mo, App,J, 682
S.w.2d 107,
473.623. Contribution between devisees
When it is necessary under the provisions of section 473.620
that there be an abatement of specific devises, whether of
real or personal property, the court may by order determine
the manner in which such abatement shall be accomplished,
so that the burden of such abatement will be borne by all
speCific devisees proportionately according to the value of
their respective specific devises, and if any specific devise is
sold or applied to accomplish such abatement, the other
specific devisees shall be obligated to contribute the
respective amounts necessary so that the burden of such
abatement will be borne proportionately as provided in this
section, The court in its order shall determine the respective
amounts to be so contributed and the same may be
recovered by the executor or administrator or by the devisees
entitled thereto,
HISTORY: L 1955 p, 385 219, A.L. 1978 H.B, 1634
NOTES:
473.627. Advancements to be determined
All questions of advancements made, or alleged to have
been made by an intestate to any heir may be heard and
determined by the court at the time of the hearing on the
petition for final distribution or at any time prior thereto. The
amount of every advancement shall be speCified in the
decree of final distribution.
HISTORY: L. 1955 p. 385 220
473.630. Right of retainer
When a distributee of an estate is indebted to the estate,
the amount of the indebtedness if due, or the present worth
of the indebtedness, if not due, may be treated as an offset
by the executor or administrator against any testate or
intestate property, real or personal, of the estate to which
such distributee is entitled. An offset hereunder shall be
treated as if made as of the time of the death of the decedent
and interest shall be adjusted accordingly.
HISTORY: L. 1955 p. 385 221
473.633. Interest on general legacies
1. All legacies, other than residuary ones or chattels, shall
bear interest from twelve months after the date of the death
of the testator at a rate equal to that allowed by law on
money due upon order of the court. If the court finds that the
legacies cannot be paid without jeopardizing the rights of
interested parties because of litigation or other
circumstances, the court shall determine what rate of
interest, if any, not exceeding the rate allowed by law on
money due upon order of the court, shall be allowed, after
taking into consideration the income of the estate.
2. The yield on written instruments, shares of corporate stock
and similar securities specifically devised shall be deemed a
part of the legacy and shall be turned over to the legatee.
S.B. 35, et al.
NOTES:
PRIOR REVISIONS: 1929 238; 1919 237; 1909 246
92
473.637. Distributees to refund, when .. judgment
If after the payment of the legacies or distributions, it
becomes necessary that the same, or any part thereof, be
refunded for the payment of claims, the court on application
filed within five years from the payment of the legacies or
distributions shall apportion the same among the legatees or
distributees. according to the amount received by them,
except that speCific legacies are not required to be refunded
unless the residue is not sufficient to satisfy the claims. If any
legatee or distributee fails to refund, according to the order,
on motion of the executor or administrator, the court shall,
after ten days' notice in writing has been given to the legatee
or distributee, enter judgment for the amount apportioned to
him.
HISTORY: RSMo 1939 246, A.L. 1955 p. 385 223
NOTES:
PRIOR REVISIONS: 1929 247; 1919 246; 1909 255
473.640. Partition of personal property in kind
If personal property which is to be distributed may be
divided in kind, the court may order a partition thereof among
the parties entitled; and for that purpose the court may
appoint not more than three commissioners, disinterested
and of no kin to the parties, who, after making affidavit that
they will honestly and impartially discharge the trust reposed
in them, shall make partition as equal in kind as the value
and numbers of the articles of property will admit and report
their proceedings to the court at a time fixed by the court.
The court shall consider all objections to the report and may
approve or modify the report and order partition accordingly
or it may reject the report and proceed to make partition or
appoint new commissioners as often as necessary to
accomplish an equitable partition which will meet the
approval of the court.
HISTORY: RSMo 1939 239, A.L. 1955 p. 385 224, A.L 1959
S.B.141
NOTES:
PRIOR REVISIONS: 1929 240; 1919 239; 1909 248
473.643. Property sold to effect partition. when
1. If personal property cannot be divided in kind with
advantage to the distributees, and it is not to their advantage
that the same be sold by the personal representative, then,
upon the application of a majority of those entitled to
distribution, the court may order the same to be delivered to
such person as they designate, in which selection minors
shall act by their conservator, who shall proceed to collect. by
suit or otherwise, all notes, accounts and choses in action so
received in the name of the distributees, and dispose of all
property so coming into his possession or under his control to
their best interest, collecting the proceeds thereof, and
distribute all moneys realized to the parties entitled thereto.
2. Such person, in the discretion of the court, may be
required to give bond to the state of Missouri, with good
securities, in such sum as the court may deem proper, for the
faithful discharge of his duty, and for payment of parties
entitled thereto of all moneys collected.
3. The party may be discharged from the trust upon his
application, or upon the application of a majority of the heirs,
when it appears to the court that it is not for the best interest
of distributees that the trust be continued.
H.B. 1634, A.L. 1983 S.B. 44 & 45
NOTES:
PRIOR REVISIONS 1929 241; 1919 240; 1909 249
473,647. Notice of application for partition
Each person entitled to partition of personal property, not
applying therefor, shall be notified, in writing, of the
application ten days before the order is made.
S.B.637
NOTES:
PRIOR REVISIONS: 1929 242; 1919 241; 1909 250
93
473.650. Distributee may credit share against
purchase price. when
If a distributee becomes a purchaser of the property at a
sale for the purpose of making distribution, his receipt for the
amount of his share shall be received in payment of an equal
amount of the purchase money, and the court shall allow the
amount of such receipt as so much distributed under the
order of cou rt.
HISTORY: RSMo 1939 243, A.L. 1955 p. 385 227
NOTES:
PRIOR REVISIONS: 1929 244; 1919 243; 1909 252
473.653. Proceedings to compel distribution
When an order is made by the court upon an executor or
administrator to pay over money to the widow, heirs, legatees
or distributees of an estate, and he fails to make such
payment, the same proceedings may be had against him and
his sureties to compel payment as are authorized in cases
where an executor or administrator fails when ordered to pay
claims allowed against an estate.
HISTORY: RSMo 1939 245, A.L. 1955 p. 385 229
NOTES:
PRIOR REVISIONS: 1929 246; 1919 245; 1909 254
473.657. Distribution
1. Distribution to a distributee may be made to the
distributee or to a person holding a power of attorney
properly executed by the distributee in accordance with the
law of the place of execution, or to the distributee's personal
representative, guardian, or conservator.
2. Distribution may be made to the trustees of a trust
established pursuant to sections 402.199 to 402.225, RSMo,
if the court finds that such distribution would be in the best
interest of the distributee as prescribed by section 475.093,
RSMo.
S.B. 44 & 45 and H.B. 369, A.L. 1996 S.B. 494 and S.B. 768, A.L.
1999 S.B. 211
NOTES:
PRIOR REVISIONS: 1929 252; 1919 251
473.660. Discharge of personal representative
Upon the filing of receipts or other evidence satisfactory to
the court that distribution has been made as ordered in the
final decree, the court shall enter an order of discharge. The
discharge so obtained operates as a release from the duties
of personal representative and operates as a bar to any suit
against the personal representative and his sureties unless
the suit is commenced within one year from the date of the
discharge. Nothing in this section shall be construed to
change the effect of an order approving final settlement as
provided in section 473.597.
HISTORY: L. 1955 p. 385 228, A.L. 1980 S.B. 637
NOTES:
473.663. No administration within one year after
death and no will probated, interested party may
petitionucontents of petition--notice
1. If a person has died leaving property or any interest in
property in this state and if no administration has been
commenced on the estate of such decedent in this state
within one year after the date of decedent's death, and if no
written will of such decedent has been presented for probate
in this state within the time period provided in subsection 2 of
section 473.050, then any person claiming an interest in such
property as heir or through an heir may file a petition in the
probate division of the circuit court which would be of proper
venue for the administration of the estate of such decedent to
determine the heirs of the decedent at the date of the
decedent's death and their respective interests or interests as
heirs in the estate. The petition shall include all of the
following known by, or can with reasonable diligence be
ascertained by, the petitioner:
(1) The name, age, domicile, last residence address and
the fact and date of death of the decedent;
(2) The names, relationship to the decedent and residence
addresses of the heirs of the decedent at the time of the
decedent's death;
(3) The names and residence addresses of any persons
claiming through an heir of the decedent when such heir has
died after the decedent;
(4) A particular description of the property of the decedent
in this state with respect to which the determination is sought
and the value of such property.
2. Upon the filing of the petition, the court shall set the time
for the hearing of the petition, notice of which shall be given
to:
(1) All persons known or believed to claim any interest in
the property as heir or through an heir of the decedent;
94
(2) All persons who may at the date of the filing of the
petition be shown by the records of conveyances of the
county in which any real property described in such petition is
located to claim any interest in such real property through the
heirs of the decedent; and
(3) Any unknown heirs of the decedent.
3. The notice shall be given by publication by publishing the
notice once each week for four consecutive weeks, the last
insertion of publication to be at least seven days before the
date set for the hearing. In addition, notice under subdivision
(1) of subsection 2 of section 472.100, RSMo, or notice by
registered or certified mail, as the court shall direct, shall be
given to every person named in the petition whose address is
known to the petitioner.
4. Upon the hearing of the petition, the court shall make a
decree determining the person or persons entitled to the
property with respect to which a determination is sought, and
their respective interest in the property as heirs or
successors in interest to such heirs. The decree is conclusive
evidence of the facts determined in such decree as against
all parties to the proceedings.
5. A certified copy of the decree shall be recorded at the
expense of the petitioner in each county in which any real
property described in the decree is situated.
6. This section shall apply to those persons whose deaths
occur on or after July 13, 1989.
HISTORY: L. 1955 p. 385 231, A.L. 1957 p. 829, AL 1971 S.8.
85, A.L. 1982 S.B. 497, A.L 1989 H.B. 145. AL. 1996 S.B. 494
NOTES:
As used in sections 473.665 to 473.694:
(1) "Local administration" means administration by a
personal representative appointed in this state pursuant to
proceedings described in this chapter;
(2) "Local personal representative" includes any personal
representative apPointed in this state pursuant to
appointment proceedings described in this chapter, and
excludes foreign personal representatives who acquire the
power of a local personal representative pursuant to section
473.677;
(3) "Resident creditor" means a person domiciled in, or
doing business in, this state, who is, or could be, a claimant
against an estate of a nonresident decedent.
NOTES:
473.668. Administration of estate of nonresident
decedent as original proceeding
Administration proceedings and other procedures in this
state with respect to property, tangible or intangible, of a
nonresident decedent which is within the jurisdiction of this
state are original proceedings or procedures conducted
under the authority of this state solely, and are independent
of and not ancillary to proceedings or procedures in any other
state or country, and shall be had and conducted in this state
as if the decedent were a resident, subject to and
supplemented by the provisions in sections 473.671 to
473.694.
HISTORY: L. 1957 p. 860 1
473.671. Jurisdiction of property--situs of
intangibles
The courts of this state have jurisdiction over all tangible
and intangible property of a nonresident decedent having a
situs in this state. For the purpose of such jurisdiction it is
recognized as to other states and countries, and declared
with respect to this state, that the situs of debts, rights and
choses in action which are embodied in legal instruments
such as stock certificates, bonds, negotiable instruments,
insurance policies payable to an estate and other similar
items is in that state or country in which such legal
instruments are located, so that whatever state or country
has jurisdiction of such instruments has, and of right ought to
have, jurisdiction to administer upon or otherwise direct the
disposition of the debts, rights and choses in action which
they embody, or voluntarily relinquish such jurisdiction to
other states and countries. For such purpose the situs of
other debts, rights and choses in action is where the debtor is
found.
95
473.675. Applicability of law to estate of
nonresident decedentexceptions
The law of this state respecting proceedings, procedures
and sUbstantive rights relating in any way to the property in
this state of a nonresident decedent and its disposition,
including by way of illustration, but not limited to, all matters
relating to (i) the commencement and conduct of an
administration, (ii) distributions during or at the conclusion of
an administration, (iii) any trust created under the will of a
nonresident decedent, shall apply as if the decedent had
been a resident of this state, subject to the following:
(1) Nothing in sections 473.668 to 473.694 shall be
deemed to affect:
(a) Methods of proving foreign wills or the admissibility of
such wills to probate or to record;
(b) The rights of a surviving spouse electing to accept or
take against the will of a nonresident decedent, or the
method of such election;
(c) The right of a person to take as a pretermitted heir or
otherwise against the will of a nonresident decedent;
(d) The effect of divorce or the birth of a child as working
or not working a revocation or partial revocation of the will of
a nonresident;
(e) The effect of the contest in another jurisdiction of the
will of a nonresident decedent upon its validity in Missouri;
(D The applicability of any law in determining the validity
of the execution of the will of a nonresident decedent;
(g) The determination of the ultimate burden of estate
taxes imposed by reason of the death of a nonresident
decedent;
(2) Real property of an intestate nonresident decedent
descends according to the laws of this state, and his
personal property devolves to his heirs or next of kin
determined in accordance with the laws of the state or
country of his domicile;
(3) Support and family allowances to surviving spouses and
unmarried minor children are governed by the more liberal (to
them) of the laws of the decedent's domicile and the laws of
this state; but the court of this state in making such allowance
and in ruling on applications for orders of refusal of letters of
administration shall take into account any allowance which
may be made in other jurisdictions and satisfied from
property therein.
(4) Notwithstanding the requirements of this section that
distributions during or at the conclusion of an administration
shall be made as if the decedent were a resident, if the court
finds that hardship to a foreign creditor would result
therefrom or that the best interests of all persons having an
interest in the estate would be forwarded by making a
distribution to a foreign personal representative, the court
may, in its discretion, order such distribution to the extent it
finds necessary to avoid such hardship or to forward such
interests.
96
(5) If the aggregate of liabilities of the estate in all
jurisdictions exceeds its aggregate assets, the court shall
order distribution, as far as practicable, so that all the
creditors of decedent's estate, here and elsewhere, may
receive a share in proportion to their respective obligations,
with regard being given to any preferential rights determined
by the court. To this end, distribution to a foreign personal
representative may be ordered if all creditors whose claims
have been allowed in the administration in this state shall
have received their just proportions that would be due to
them if the whole of the estate of the decedent, wherever
found, were divided among all creditors in proportion to their
respective obligations, after applying Missouri law respecting
preferences to different species of obligations, and if and to
the extent that the court finds such preference to be equitable
under all the circumstances of the particular case.
HISTORY: L. 1957 p. 860 3, A.L. 1980 S.B. 637
NOTES:
(1959) Evidence. held to establish domicile in state of Louisiana by
pnor reSident of thiS state who had died, for the purpose of
determining where his estate should be dispersed. In re Toler's
Estate (Mo.), 325 SW2d 755.
(1967) This section was intended to apply to generally recognized
statutes of limitations, and was not intended to cause the nonclaim
statute of the state in which a claim arose to become the applicable
Missouri law upon presentation of such claim in Missouri probate
proceedings. Owens v. Estate of Saville (Mo.), 409 SW,2d 660.
473.676. Filing of copy of appointment of
domiciliary foreign personal representative, when
If no local administration, or application or petition therefor,
is pending in this state, a domiciliary foreign personal
representative may file with a probate division of the circuit
court in this st.ate, in a county in which property belonging to
the decedent IS located, authenticated copies of his
appointment and of any official bond he has given.
HISTORY: L. 1980 S,B. 637
NOTES:
473.677. Domiciliary foreign personal
representative, powers, duties and obligations
A domiciliary foreign personal representative, who has
complied with section 473.676, may exercise as to assets in
this state all powers of a local personal representative and
may maintain actions and proceedings in this state, subject
to any conditions imposed upon nonresident parties
generally. When acting in this state under this authority, a
domiciliary personal representative has the duties and
obligations of a local personal representative, except that he
may payor deliver personal property under section 473.691.
NOTES
473.678. Power of domiciliary foreign personal
representative. when executed .. termination of
powers -- sUbstitution of local personal
representative. when
The power of a domiciliary foreign personal representative
under section 473.677 or 473.691 shall be exercised only if
there is no administration, or application therefor, pending in
this state. An application or petition for local administration of
the estate terminates the power of the foreign personal
representative to act under section 473.677, but the local
court may allow the foreign personal representative to
exercise limited powers to preserve the estate. No person
who, before receiving actual notice of a pending local
administration, has changed his position in reliance upon the
powers of a foreign personal representative shall be
prejudiced by reason of the application or petition for, or
grant of, local administration. The local personal
representative acquires all the rights, and is subject to all
duties and obligations, which have accrued by virtue of the
exercise of the powers by the foreign personal
representative, and may be substituted for him in any action
or proceedings in this state.
NOTES:
97
473.682. Priority of personal representative
appointed by court of decedent's domicile--
exceptions
A personal representative apPOinted by a court of the
decedent's domicile has priority over all other persons for
appointment as local personal representative, except where
the decedent's will nominates different persons to be
personal representative in this state and in the state of
domicile. The domiciliary personal representative may
nominate another, who shall have the same priority as the
domiciliary personal representative.
NOTES:
473.685. Foreign personal representative subject
to jurisdiction of courts of state, when
A foreign personal representative submits himself to the
jurisdiction of the courts of this state by:
(1) Filing authenticated copies of his appointment as
provided in section 473.676;
(2) Receiving payment of money or taking delivery of
personal property under section 473.691; or
(3) Doing any act as a personal representative in this state
which would have given the state jurisdiction over him as an
individual. Jurisdiction under subdivision (2) is limited to the
money or value of personal property collected.
NOTES:
473.687. Foreign personal representative also
subject to court's jurisdiction to same extent as
decedent prior to death
In addition to jurisdiction conferred by section 473.685, a
foreign personal representative is subject to the jurisdiction of
the courts of this state to the same extent that his decedent
was subject to jurisdiction immediately prior to death.
NOTES:
473.689. Service of process on foreign personal
representative, how made
1. Service of process may be made upon a foreign
personal representative by registered or certified mail,
addressed to his last reasonably ascertainable address.
Notice by ordinary first class mail is sufficient if registered or
certified mail service to the addressee is unavailable. Service
may be made upon a foreign personal representative in the
manner in which service could have been made under other
laws of this state on either the foreign personal
representative or his decedent immediately prior to death.
2. If service is made upon a foreign personal representative
as provided in subsection 1, he shall be allowed at least thirty
days within which to appear or respond.
473.691. Debtor or custodian may payor deliver
personal property to foreign representative, when
Any person, firm or corporation upon whom no demand has
been made by a personal representative or other person
authorized by this state to collect a nonresident decedent's
personal property may, at any time sixty days or more after
his death, transfer, payor deliver personal property of the
nonresident decedent to the foreign personal representative
or, if none, to such other person as may be entitled thereto,
under the laws of said foreign state, and shall not be liable for
the debts of or claims against the nonresident decedent or
his estate by reason of having made the transfer, payment or
delivery.
HISTORY L. 1957 p. 861 6, A.L. 1959 S.B. 335, A.L. 1967 p. 643
473.692. Adjudication against any personal
representative of estate binding on local personal
representative
An adjudication rendered in any jurisdiction in favor of or
against any personal representative of the estate is as
binding on the local personal representative as if he were a
party to the adjudication.
NOTES:
473.694. Effect of law on reciprocal corporate
fiduciaries law
Nothing in sections 473.668 to 473.694 authorizes any
"foreign corporation", as the terT IS defined in section
98
362.600, RSMo, to act in any fiduciary capacity except as
such foreign corporation is expressly permitted so to act by
the provisions of section 362.600, RSMo.
HISTORY: L. 1957 p. 860 7, A.L. 1971 S.B. 163
473.697. Letters of administration for persons
absent for five or more years application .. notice
hearing
Whenever application shall be made to any probate
division for letters of administration upon the estate of any
person supposed to be dead, because of the absence of
such person for five consecutive years from the place of his
last known domicile within this state, or because, having
been a resident of this state, such person has heretofore
gone from and has not returned to this state for five
consecutive years, or, because, having been such resident of
this state, such person shall hereafter go from and shall not
return to this state for five consecutive years, or, because
being a resident of this state, such person shall have so
concealed or conducted himself within this state that he shall
not have been heard of for five consecutive years by the
judge of the probate division having jurisdiction of his estate,
or by the persons interested therein, then said court, if
satisfied that the applicant would be entitled to such letters if
the supposed decedent were in fact dead, shall cause a
notice to such supposed deceased person to be published in
a newspaper, published in the county, once a week for four
consecutive weeks, setting forth the fact that such application
has been made, together with notice that on a day certain,
which shall be at least two weeks after the last publication of
such notice, the court will hear evidence concerning the
alleged absence of the supposed decedent, and the
circumstances and duration thereof. The persons applying for
such letters of administration shall file a petition stating the
facts upon which such application is based and the place
where such supposed deceased person resided when last
heard from by him or by any person within his knowledge.
HISTORY: RSMo 1939 264, A.L. 1978 H.B. 1634, A.L. 1980 S.B.
637
NOTES:
PRIOR REVISIONS: 1929 265; 1919 264; 1909 271
CROSS REFERENCES: Presumption of death, when, RSMo
490.620
473.700. Who may testify
At the hearing the court shall receive such legal evidence
as shall be offered, for the purpose of ascertaining whether
the presumption of death is established; and no person shall
be disqualified to testify by reason of his or her relationship
as husband or wife to the supposed deceased, or by reason
of his or her interest in the estate of the person supposed to
be dead.
HISTORY: RSMo 1939 265
NOTES:
PRIOR REVISIONS: 1929 266; 1919 265; 1909 272
473.703. Publication of findingtime for rebuttal
If satisfied, upon such hearing, that the legal presumption
of death is established, the court shall so declare and it shall
forthwith cause notice thereof to be published once a week
for four consecutive weeks, in a newspaper published in the
county, and also, if the court shall find that such supposed
decedent resided in or was possessed of property located in
any county in this or any other state at a time subsequent to
his residence in the county in which applications are made,
the notice of such publication shall be published in like
manner in such other county. Such notice shall require the
supposed decedent, if alive, or any other person for him, to
produce to the court, within twelve weeks from the date of the
last publication thereof, satisfactory evidence of the fact that
he is still living; provided, that where publication is made in a
daily newspaper, publication for each week after the first
shall fall on the corresponding day of the week as did the first
publication.
NOTES:
PRIOR REVISIONS: 1929 267; 1919 266; 1909 273
473.707. Issuance of letters, when
If, within such period of twelve weeks, evidence shall not
be offered satisfactory to the court that said supposed
decedent is in fact still living, then it shall be the duty of the
court to issue letters of administration to the party entitled
thereto; and said letters, until revoked, and all acts done in
pursuance thereof and in reliance thereupon, shall be as
valid as if the supposed decedent were in fact dead.
HISTORY: RSMo 1939 267. A.L 1978 H.B. 1634
NOTES:
PRIOR REVISIONS: 1929 268; 1919 267; 1909 274
99
473.710. Revocation of letters, when--effect
procedure
The court may revoke said letters of administration at any
time, upon satisfactory proof that the supposed decedent is
in fact alive. After such revocation all the powers of the
administrator shall cease, but all receipts and disbursements
of assets, and other acts previously done by him, shall
remain as valid as if said letters were unrevoked; and the
administrator shall thereupon make a settlement of his
administration to the date of revocation, and shall transfer all
assets remaining in his hands to said supposed decedent, or
to his duly authorized agent or attorney; provided, nothing in
sections 473.697 to 473.720 contained shall validate the title
of any person to any money or property received as widow,
next of kin or heir of such supposed decedent, but the same
may be recovered from such parties in all cases in which
such recovery could be had if said sections had not been
passed.
HISTORY: RSMo 1939 268, A.L. 1978 H.B. 1634
NOTES:
PRIOR REVISIONS: 1929 269; 1919 268; 1909 275
473.713. Distributees to give bond before
receiving estate
Before the distribution of the proceeds of the estate of such
supposed decedent shall be made, the persons entitled to
receive the same, respectively, shall enter into a bond to the
state of Missouri, with sufficient security, to be approved by
the court having jurisdiction of said estate, in such sum and
in such form as the court shall direct, conditioned that if said
supposed decedent shall in fact be alive at the time of such
distribution, then the distributees shall refund the amount
received by them, on demand, with interest thereon from the
date of such demand; but if any person entitled to receive
such distribution shall be unable to give the security
aforesaid, then the money which he would be entitled to
receive shall be paid over to the county treasurer, and by him
loaned at the highest rate of interest obtainable, on security
approved by said probate division of the circuit court, which
interest shall be paid annually to the person entitled thereto,
and such money shall remain so at interest until the security
aforesaid is given, or the court, upon application, shall order
it to be paid to the person or persons entitled to receive the
same.
276
473.717. Supposed decedent substituted for
administrator, when .. effect on actions, judgments
1. After the revocation of such letters of administration as
aforesaid, the person erroneously supposed to be dead may,
upon suggestion of said fact, filed of record, be substituted in
all actions brought by the administrator of his estate, whether
prosecuted to judgment or otherwise. He may, in all actions
previously brought against his administrator, be substituted
as defendant, on proper suggestion, filed by himself or by the
plaintiff therein, but he shall not be compelled to go to trial in
less than three months from the time of the filing of such
suggestion.
2. Judgments recovered against the administrator before the
revocation of his letters, as aforesaid, may be opened, upon
application by the supposed decedent, if made by affidavit,
denying specifically, on the knowledge of the affiant, the
cause of action, or speCifically alleging the existence of facts
which would be a valid defense; but if within said three
months. such application shall not be made, or, being made,
the facts exhibited shall be adjudged an insufficient defense,
the judgment shall be conclusive to all intents, saving the
defendant's right to have the same reviewed, as in other
cases, by appeal or by writ of error, as now provided by law.
After the substitution of the supposed decedent as defendant
in any judgment, as aforesaid, such judgment shall become a
lien on his real estate situate in the county for which the court
is held, and shall have the same force and effect as if said
action had been originally instituted against said supposed
decedent.
NOTES:
PRIOR REVISIONS: 1929 271; 1919 270; 1909 277
473.720. Payment of costs
The costs attending the issue of letters of administration, or
the revocation, shall be paid out of the estate of the
supposed decedent; and all costs arising upon an application
for letters which are refused shall be paid by the applicant.
NOTES:
PRIOR REVISIONS: 1929 272; 1919 271; 1909 278
100
473.730. Public administrators election oath
bond public administrator deemed public office,
duties salaried public administrators deemed
county officials
1. Every county in this state, and the city of St. Louis, shall
elect a public administrator at the general election in the year
1880, and every four years thereafter, who shall be ex officio
public guardian and conservator in and for the public
administrator's county. Before entering on the duties of the
public administrator's office, the public administrator shall
take the oath required by the constitution, and enter into
bond to the state of Missouri in a sum not less than ten
thousand dollars, with two or more securities, approved by
the court and conditioned that the public administrator will
faithfully discharge all the duties of the public administrator's
office, which bond shall be given and oath of office taken on
or before the first day of January following the public
administrator's election, and it shall be the duty of the judge
of the court to require the public administrator to make a
statement annually, under oath, of the amount of property in
the public administrator's hands or under the public
administrator's control as such administrator, for the purpose
of ascertaining the amount of bond necessary to secure such
property; and such court may from time to time, as occasion
shall require, demand additional security of such
administrator, and, in default of giving the same within twenty
days after such demand, may remove the administrator and
appoint another.
2. The public administrator in all counties, in the performance
of the duties required by chapters 473,474, RSMo, and 475,
RSMo, is a public officer. The duties speCified by section
475.120, RSMo, are discretionary. The county shall defend
and indemnify the public administrator against any alleged
breach of duty, provided that any such alleged breach of duty
arose out of an act or omission occurring within the scope of
duty or employment.
3. After January 1, 2001, all salaried public administrators
shall be considered county officials for purposes of section
50.333, RSMo, subject to the minimum salary requirements
set forth in section 473.742.
HISTORY: RSMo 1939 295, A. 1949 S.B. 1132, A.L. 1978 H.B.
1634, A.L. 1983 S.B. 44 & 45, A.L. 1993 S.B. 88, A.L. 1996 S.B.
719, A.L. 2000 S.B. 542
NOTES:
PRIOR REVISIONS: 1929 296; 1919 293; 1909 299
*Transferred 1957; formerly 461.780
473.733. Certificate and oath "" bond, how sued
on
The public administrator's certificate of election, official oath
and bond shall be filed and recorded with the probate clerk,
and copies thereof, certified under the seal of such court,
shall be evidence. Any person injured by the breach of such
bond may sue upon the same in the name of the state for his
own use.
HISTORY: RSMo 1939 297, AL. 1996 S.B. 719
NOTES:
PRIOR REVISIONS: 1929 297; 1919 294; 1909 300
473.737. Administrators to have separate offices"
" St. Louis administrator in civil courts building ""
certain public administrators to have secretaries ..
clerical personnel to be provided, when
1. Each public administrator elected, as now or as hereafter
provided for in sections 473.730 to 473.767, is hereby
declared to be an officer for the county in which such
administrator is elected and for the city of SI. Louis, if elected
therein. The county commissions of each county in this state
shall make suitable provision for an office for the public
administrator in the courthouse of the county if suitable space
may be had for such an office, and shall be provided as soon
as the county commission shall be of the opinion that the
business in charge of the public administrator is such as to
reasonably require a separate office for the convenience of
the public. The public administrator of the city of SI. Louis
shail have suitable and convenient offices provided for him or
her in the civil courts building by that city.
2. Each public administrator of a county, except a county of
the first classification having a charter form of government, in
which a state mental hospital is located, or any county of the
second classification which contains a habilitation center
operated by the department of mental health and which does
not adjoin a county of the first classification shall be entitled
to one secretary for one hundred cases or more handled by
the office of the public administrator in the immediately
preceding calendar year. Each secretary employed pursuant
to the provisions of this subsection shall be paid in the same
pay range as a court clerk II in the circuit court personnel
system. All compensation paid secretaries employed
pursuant to the provisions of this subsection shall be paid out
of the county treasury and the commissioner of
administration shall annually reimburse each county for the
compensation so paid upon proper demand being made out
of appropriations made for that purpose. The public
administrator in such counties may also appoint a person to
act as public administrator to serve during the absence of the
public administrator.
101
3. The governing bodies of each county and each city not
within a county of this state may provide clerical personnel,
not qualifying as status of deputy, for the public administrator
of the county, and such personnel shall be provided when the
governing body is of the opinion that the business in charge
of the public administrator is such as to reasonably require
such personnel for the welfare of the public.
HISTORY: RSMo 1939 296, A.L. 1945 p. 73, A.L. 1989 S.B. 127,
et al.. A.L. 1990 H.B. 1177 and S.B. 580, A.L. 1999 H.B. 275
NOTES:
473.739. Compensation for attendance at training
session, certain public administrators, expenses
shall be reimbursed, when (certain noncharter
counties of the first classification)
1. Each public administrator in counties of the first
classification without a charter form of government who does
not receive at least twenty-five thousand dollars in fees as
otherwise allowed by law shall receive annual compensation
of four thousand dollars and each such public administrator
who does not receive at least forty-five thousand dollars in
fees may request the county salary commission for an
increase in annual compensation and the county salary
commission may authorize an additional increase in annual
compensation not to exceed ten thousand dollars.
2. Two thousand dollars of the compensation authorized in
this section shall be payable to the public administrator only if
he has completed at least twenty hours of classroom
instruction each calendar year relating to the operations of
the public administrator's office when approved by a
professional association of the county public administrators
of Missouri unless exempted from the training by the
professional association. The professional association
approving the program shall provide a certificate of
completion to each public administrator who completes the
training program and shall send a list of certified public
administrators to the treasurer of each county. Expenses
incurred for attending the training session shall be
reimbursed to the county public administrator in the same
manner as other expenses as may be appropriated for that
purpose.
HISTORY: L. 1984 S.B. 601 13, A.L. 1987 S.B. 65, et aI., A.L.
1990 S.B. 580, AL.1996 S.B. 719, A.L.1997 S.B.l1, AL. 2000
S.B.542
473.740. Compensation. Boone and Clav counties
removal from office . public administrator's fees
paid to county. when public administrator's
salary in lieu of fees. when
1. In all first classification counties not having a charter
form of government and containing a portion of a city having
a population of four hundred thousand or more inhabitants,
and in all first classification counties not having a charter
form of government and having a population of one hundred
ten thousand, but less than two hundred thousand
inhabitants, the public administrator shall receive as total
compensation for such public administrator's services an
annual salary established pursuant to section 50.343, RSMo,
to be paid in equal monthly installments by the county. In any
other counties of the first classification not having a charter
form of government, the salary commission may elect by
majority vote to establish a salary as the alternative total
compensation to be offered as compensation to the public
administrator, to be paid in equal monthly installments by the
county. If the salary commission elects to establish such
salary alternative, it shall be established at either the time set
forth in section 50.343, RSMo, or at the salary commission
meeting prior to the general election for the election of the
office of public administrator. Should the salary commission
elect to establish such salary alternative, the newly elected
public administrator shall then make a determination within
thirty days after taking office whether such public
administrator elects to receive such salary or receive fees as
may be allowed by law to executors, administrators and
personal representatives, unless the court, for special
reasons, allows a higher compensation. The election by the
public administrator shall be made in writing to the county
clerk. Should the public administrator elect to receive a
salary, the public administrator's office may not then change
at any future time to receive fees in lieu of salary. The
alternative salary, if election is made by the public
administrator to accept such, shall be in lieu of any
compensation as set forth in section 473.739. In all other
counties, the public administrator shall receive the same
compensation for such public administrator's services as may
be allowed by law, and as set forth in section 473.739, to
executors, administrators, and personal representatives,
unless the court, for special reasons, allows a higher
compensation. Any such public administrator may be
removed from office in the same manner and for the same
causes as commissioners of the county commission.
2. In all counties in which the public administrator is paid an
annual salary by the county, the county shall receive all
amounts which would have been paid to the public
administrator for the administrator's services pursuant to this
chapter if such public administrator were in a county in which
the public administrator was not paid an annual salary as
provided in subsection 1 of this section. All amounts received
102
by the county pursuant to the provisions of this subsection
shall be deposited in the county treasury.
HISTORY: RSMo 1939 298, A.L. 1981 S.B. 423, A.L. 1987 S.B.
65, et aI., A.L. 1992 H.B. 1571, A.L. 1995 H.B. 274 & 268, A.L. 1996
H.B.1286
NOTES:
PRIOR REVISIONS: 1929 298; 1919 295; 1909 301
CROSS REFERENCES: Public administrator Boone and Clay
County compensation how detemnined, RSMo 50.343
473.741. County governing body may authorize
additional compensation. when maximum aI/owed
additional compensation to terminate. when
(certain first class counties)
1. In addition to the compensation otherwise authorized by
law for public administrators in first class counties not having
a charter form of government and containing a portion of a
city having a population of four hundred thousand or more
inhabitants, the governing body of each of such counties may
authorize additional compensation for the public
administrator to be paid from county funds. Total
compensation for each such public administrator, including
any compensation authorized under this section, shall not
exceed thirty-four thousand dollars per annum.
2. Prior to February 1, 1984, and thereafter prior to February
first in each year in which a general election will be held at
which public administrators will be elected, the governing
body of each county defined in subsection 1 of this section
shall establish the additional compensation to be paid the
public administrator under this section for the enSUing term of
office, and such additional compensation shall be paid the
public administrator throughout such ensuing term of office.
3. All provisions of this section which authorize the granting
of additional compensation for public administrators in the
counties defined in subsection 1 of this section shall
terminate upon the issuance of an opinion by the Missouri
supreme court which would result in the state of Missouri
being obligated or required to pay any such additional
compensation even though such additional compensation is
formally approved or authorized by the governing body of a
county.
HISTORY: L. 1983 S.B. 57 4
473.742. Salary schedule for public
administrators. certain counties administrator to
choose salary or fee collection certain
administrators may join LAGERS
1. Each public administrator in counties of the second, third
or fourth classification and in the city of SI. Louis shall make
a determination within thirty days after taking office whether
such public administrator shall elect to receive a salary as
defined herein or receive fees as may be allowed by law to
executors, administrators and personal representatives. The
election by the public administrator shall be made in writing
to the county clerk. Should the public administrator elect to
receive a salary, the public administrator's office may not
then elect to change at any future time to receive fees in lieu
of salary.
2. If a public administrator elects to be placed on salary, the
salary shall be based upon the average number of open .
letters in the two years preceding the term when the salary IS
elected, based upon the following schedule:
(1) Zero to five letters: Salary shall be a minimum of seven
thousand five hundred dollars;
(2) Six to fifteen letters: Salary shall be a minimum of
fifteen thousand dollars;
(3) Sixteen to twenty-five letters: Salary shall be a minimum
of twenty thousand dollars;
(4) Twenty-six to thirty-nine letters: Salary shall be a
minimum of twenty-five thousand dollars;
(5) Public administrators with forty or more letters shall be
considered full-time county officials and shall be paid
according to the assessed valuation schedule set forth
below:
Assessed valuation
$ 8,000,000 to 40,999,999
$ 41,000,000 to 53,999,999
$ 54,000,000 to 65,999,999
$ 66,000,000 to 85,999,999
$ 86,000,000 to 99,999,999
$ 100,000,000 to 130,999,999
$ 131,000,000 to 159,999,999
$ 160,000,000 to 189,999,999
$ 190,000,000 to 249,999,999
$ 250,000,000 to 299,999,999
$ 300,000,000 to 449,999,999
$ 450,000,000 to 599,999,999
$ 600,000,000 to 749,999,999
$ 750,000,000 to 899,999,999
Salary
$29,000
$30,000
$32,000
$34,000
$36,000
$38,000
$40,000
$41,000
$41,500
$43,000
$45,000
$47.000
$49,000
$51,000
$ 900,000,000 to 1,049,999,999
$1,050,000,000 to 1,199,999,999
$1,200,000,000 to 1,349,999,999
$1,350,000,000 and over
$53,000
$55,000
$57,000
$59,000;
103
(6) The public administrator in the city of SI. Louis shall
receive a salary not less than sixty-five thousand dollars.
3. The initial compensation of the public administrator who
elects to be put on salary shall be determined by the average
number of letters for the two years preceding the term when
the salary is elected. Salary increases or decreases
according to the minimum schedule set forth in subsection 1
of this section shall be adjusted only after the number of
open letters places the workload in a different subdivision for
two consecutive years. Minimum salary increases or
decreases shall only take effect upon a new term of office of
the public administrator. The number of letters each year
shall be determined in accordance with the reporting
requirements set forth in law.
4. All fees collected by a public administrator who elects to
be salaried shall be deposited in the county treasury or with
the treasurer for the city of SI. Louis.
5. Any public administrator in a county of the first
classification without a charter form of government with a
population of less than one hundred thousand inhabitants
who elects to receive fees in lieu of a salary pursuant to this
section may elect to join the Missouri local government
employees' retirement system created pursuant to sections
70.600 to 70.755, RSMo.
473.743. Duty of public administrator to take
charge of estates, when
It shall be the duty of the public administrator to take into
his charge and custody the estates of all deceased persons,
and the person and estates of all minors, and the estates or
person and estate of all incapacitated persons in his county,
in the following cases:
(1) When a stranger dies intestate in the county without
relations, or dies leaving a will, and the personal
representative named is absent, or fails to qualify;
(2) When persons die intestate without any known heirs;
(3) When persons unknown die or are found dead in the
county;
(4) When money, property, papers or other estate are left in
a situation exposed to loss or damage, and no other person
administers on the same;
(5) When any estate of any person who dies intestate
therein, or elsewhere, is left in the county liable to be injured,
wasted or lost, when the intestate does not leave a known
husband, widow or heirs in this state;
(6) The persons of all minors under the age of fourteen
years, whose parents are dead, and who have no legal
guardian or conservator;
(7) The estates of all minors whose parents are dead, or, if
living, refuse or neglect to qualify as conservator, or, having
qualified have been removed, or are, from any cause,
incompetent to act as such conservator, and who have no
one authorized by law to take care of and manage their
estate;
(8) The estates or person and estate of all disabled or
incapacitated persons in his county who have no legal
guardian or conservator, and no one competent to take
charge of such estate, or to act as such guardian or
conservator, can be found, or is known to the court having
jurisdiction, who will qualify;
(9) Where from any other good cause, the court shall order
him to take possession of any estate to prevent its being
injured, wasted, purloined or lost.
HISTORY: RSMo 1939 299, AL. 1983 S.B. 44 & 45
NOTES:
PRIOR REVISIONS: 1929 299; 1919 296; 1909 302
(1957) Where application for guardianship of minors did not give
the domicile of the minors or of their parents, nor the names and
addresses of the parents or spouses of the minors nor state who
had custody of the minors, it failed to confer jurisdiction on the court
to appoint the public administrator as guardian. In re Dugan (A.),
309 SW.2d 145.
104
473.747. Public administrator shall be ex
officio public conservator
The public administrator shall be ex officio public conservator
and shall have charge of all estates of minors that may, by
the order of the court, be placed in the public administrator's
charge, and in such cases the public administrator shall be
known and deSignated as public conservator.
HISTORY: RSMo 1939 437, A.L. 1978 H.B. 1634, AL. 1983 S.B.
44 & 45, AL. 1996 S.B. 719
NOTES:
PRIOR REVISIONS: 1929 438; 1919 434; 1909 464
473.750. Powers and duties under administration
law
In addition to the provisions of sections 473.730 to
473.767, he and his securities shall have the same powers
as are conferred upon, and be subject to the same duties,
penalties, provisions and proceedings as are enjoined upon
or authorized against personal representatives, guardians
and conservators by chapters 472 to 475, RSMo, so far as
the same may be applicable. He shall have power to
administer oaths and affirmations in all matters relating or
belonging to the exercise of his office.
HISTORY: RSMo 1939 300, AL. 1983 SB. 44 & 45
NOTES:
PRIOR REVISIONS: 1929 300; 1919 297; 1909 303
473.753. Notice of administration, when and how
given penalty for failure
It shall be the duty of every public administrator
immediately upon taking charge of any estate, except those
of which he shall have taken charge under the order of the
court, for the purpose of administering the same, to file a
notice of the fact in the office of the clerk of the court. If any
public administrator shall fail to file the notice provided for in
this section, he shall forfeit and pay to the persons entitled to
the estate a sum not exceeding two hundred dollars, to be
recovered before said court, on motion, and after reasonable
notice thereof to said public administrator; and said court
may, in its discretion, remove such public administrator from
office.
HISTORY: RSMo 1939 302, AL. 1978 H.B. 1634
NOTES:
PRIOR REVISIONS: 1929 302; 1919 299; 1909 305
473.757. Civil officers to inform public
administrator as to property, when
It shall be the duty of all civil officers to inform the public
administrator of all property and estate known to them which
is liable to loss, waste or injury, and which by law ought to be
in the possession of the public administrator.
NOTES:
PRIOR REVISIONS: 1929 303; 1919 300; 1909 306
473.760. Shall prosecute necessary suits
The public administrator shall institute all manner of suits
and prosecutions that may be necessary to recover the
property, debts, papers or other estates of the person
deceased, or of any minor, or disabled person, in his charge
or custody.
HISTORY RSMo 1939 304, A.L. 1983 S.B. 44 & 45
NOTES:
PRIOR REVISIONS: 1929 304; 1919 301; 1909 307
473.763, Court may order public administrator to
account to successor, when
The court may at any time, for good cause shown, order
the public administrator to account for and deliver all money,
property or papers belonging to any estate in his hands to his
successor in office, or to the heirs of said estate, or to any
executor or administrator regularly appointed, as provided by
law.
NOTES:
PRIOR REVISIONS: 1929 305; 1919 302; 1909 308
105
473.767. Public administrator, duties after
expiration of term duties prior to expiration of
term, certain counties
1. In counties operating under fee retention, the public
administrator shall before the first court day after the
expiration of one year after their successor in office has
qualified, file a final settlement as required by section
473.540 for all estates in their charge as public administrator
in which final settlement can be made. On the first court day
after the expiration of one year after the election of a
successor to the public administrator, the judge of the
probate division, upon the judge's own motion, shall order the
public administrator to account for and deliver all money,
property, or papers belonging to all estates in his or her
hands in which final settlement cannot be made, to the
successor in office, or to the heirs of any estate, or to any
executor or administrator regularly appointed, and such
accounting and delivery shall be accomplished during the
sixty days next thereafter.
2. In counties where the public administrator is paid a salary,
the public administrator shall deliver property and make
necessary filings as required in this section prior to leaving
his or her term of office.
3. Notwithstanding the provisions of subsection 1 of this
section, the former public administrator or their legal
representative, upon approval and order of the judge of the
probate division of the circuit court having jurisdiction over
the estates in which the former public administrator has been
appointed personal representative, guardian or conservator,
shall turn over the administration of the estates to the
successor public administrator. A copy of the annual account
of each estate in part covering the term of the former public
administrator shall be filed with the probate division by the
successor public administrator and the successor public
administrator shall be charged with the assets and liabilities
shown thereby.
H.B. 1634, A.L. 1981 S.B. 423, A.L. 1987 S.B. 65, et aI., A.L. 1989
S.B. 181, A.L. 1990 S.B. 596, A.L. 1992 S.B. 817, A.L. 1993 S.B.
88, A.L. 1998 S.B. 764, A.L. 2000 S.B. 542
NOTES:
PRIOR REVISIONS: 1929 301; 1919 298; 1909 304
*Transferred 1957; formerly 461.890
473.770. Deputies, appointment, tenure,
compensation, powers (first class counties) .
delegation of duties, certain counties
1. Whenever, in the judgment of any public administratbt in
any county of the first class, it is necessary for the proper and
efficient conduct of the business of his office that he appoint
any deputies to assist him in the performance of his official
duties as public administrator or as executor, administrator,
personal representative, guardian, or conservator in any
estates wherein he has been specially appointed, the public
administrator may appoint one or more deputies to assist him
in the performance of his duties as public administrator and
as executor, administrator, personal representative,
guardian. or conservator in the estates wherein he has been
specially appointed. The appointment shall be in writing and
shall be filed with the court, and, upon the filing, the court
shall issue under its seal a certificate of the appointment for
each deputy, stating that the appointee is vested with the
powers and duties conferred by this section. The certificate
shall be valid for one year from date, unless terminated prior
thereto, and shall be renewed from year to year as long as
the apPointment remains in force, and may be taken as
evidence of the authority of the deputy. The appointment and
authority of any deputy may at any time be terminated by the
public administrator by notice of the termination filed in the
court. and upon termination the deputy shall surrender his
certificate of appointment.
2. In all first class counties not having a charter form of
government and containing a portion of a city having a
population of three hundred thousand or more inhabitants,
the compensation of each such deputy shall be set by the
public administrator, with the approval of the governing body
of the county, and shall be paid in equal monthly installments
out of the county treasury. In all other first class counties the
compensation of each such deputy shall be prescribed and
paid by the public administrator out of the fees to which he is
legally entitled, and no part of such compensation shall be
paid out of any public funds or assessed as costs or allowed
in any estate.
3. Each deputy so appointed shall be authorized to perform
such ministerial and nondiscretionary duties as may be
delegated to him by the public administrator, including:
(1) Assembling, taking into possession, and listing moneys,
checks, notes, stocks, bonds and other securities, and all
other personal property of any and all estates in the charge
of the public administrator;
(2) Depositing all moneys, checks, and other instruments
for the payment of money in the bank accounts maintained
by the public administrator for the deposit of such funds;
(3) Signing or countersigning any and all checks and other
instruments for the payment of moneys out of such bank
accounts, in pursuance of general authorization by the public
106
administrator to the bank in which the same are depOSited,
as long as such authorization remains in effect;
(4) Entering the safe deposit box of any person or decedent
whose estate is in the charge of the public administrator and
any safe deposit box maintained by the public administrator
for the safekeeping of assets in his charge, as a deputy of
the public administrator, pursuant to general authorization
given by the public administrator to the bank or safe deposit
company in charge of any such safe deposit box, as long as
such deputy-authorization remains in effect, and withdrawing
and depositing therein such assets as may be
determined by the public administrator. The bank or safe
deposit company shall not be charged with notice or
knowledge or any limitation of authority of the authorized
deputy, unless specially notified in writing thereof by the
public administrator, and may allow the deputy access to the
safe deposit box, in the absence of notice, to the full extent
allowable to the public administrator in person.
4. The enum.eration of the foregoing powers shall not operate
as an of any powers not specifically conferred. No
authOrized deputy shall exercise any power, other than as
prescribed in this section, which shall require the exercise of
a discretion by law to be exercised personally by the
executor, personal representative, guardian, or
conservator In charge of the estate to which the discretionary
power refers.
5. Notwithstanding the provisions of subsections 3 and 4 of
this section to the contrary, a public administrator in a county
of the. class having a charter form of government and
containing all or part of a city with a population of at least
three inhabitants may delegate to any
appOinted by him any of the duties of the public
administrator enumerated in section 473.743, and sections
475.120 and 475.130, RSMo. Such public administrator may
also to a deputy who is a licensed attorney the
autho!lty to execute inventories, settlements, surety bonds,
pleadings and other documents filed in any court in the name
of the public administrator, and the same shall have the force
and effect as if executed by the public administrator.
HISTORY: L. 1957 p. 869 1,2, A.L. 1978 H.B. 1634, A.L. 1981
S.B. 423, A.L. 1983 S.B. 44 & 45, A.L. 1993 S.B. 88
473.771. Deputies, appointment in all counties
but first class tenure compensation powers
1. Whenever, in the judgment of any public administrator in
any county which is not a first class county, it is necessary for
the proper and efficient conduct. of the business of his office
that he appoint a deputy to assist him in the performance of
his official duties as public administrator or as executor,
administrator, personal representative, guardian, or
conservator in any estates wherein he has been specially
appointed, the public administrator may appoint a deputy to
assist him in the performance of his duties as public
administrator and as executor, administrator, personal
representative, guardian, or conservator in the estates
wherein he has been specially appointed. The appointment
shall be in writing and shall be filed with the court, and, upon
the filing, the court shall issue under its seal a certificate of
the appointment for the deputy, stating that the appointee is
vested with the powers and duties conferred by this section.
The certificate shall be valid for one year from the date,
unless terminated prior thereto, and shall be renewed from
year to year as long as the appointment remains in force, and
may be taken as evidence of the authority of the deputy. The
appointment and authority of a deputy may at any time be
terminated by the public administrator by notice of the
termination filed in the court, and upon termination the deputy
shall surrender his certificate of appointment.
2. The compensation of a deputy appointed pursuant to the
provisions of this section shall be prescribed and paid by the
public administrator out of the fees to which he is legally
entitled.
3. A deputy appointed pursuant to the provisions of this
section shall be authorized to perform such ministerial and
nondiscretionary duties as may be delegated to him by the
public administrator, including:
(1) Assembling, taking into possession, and listing moneys,
checks, notes, stocks, bonds and other securities, and all
other personal property of any and all estates in the charge
of the public administrator;
(2) Depositing all moneys, checks, and other instruments
for the payment of money in the bank accounts maintained
by the public administrator for the deposit of such funds;
(3) Signing or counterSigning any and all checks and other
instruments for the payment of moneys out of such bank
accounts, in pursuance of general authorization by the public
administrator to the bank in which the same are deposited,
as long as such authorization remains in effect;
(4) Entering the safe deposit box of any person or decedent
whose estate is in the charge of the public administrator and
any safe deposit box maintained by the public administrator
for the safekeeping of assets in his charge, as a deputy of
the public administrator, pursuant to general authorization
given by the public administrator to the bank or safe deposit
company in charge of any such safe deposit box, as long as
107
such authorization as a deputy remains in effect, and
withdrawing therefrom and depositing therein such assets as
may be determined by the public administrator. The bank or
safe deposit company shall not be charged with notice or
knowledge or any limitation of authority of the authorized
deputy, unless specially notified in writing thereof by the
public administrator, and may allow the deputy access to the
safe deposit box, in the absence of notice, to the full extent
allowable to the public administrator in person.
4. The enumeration of the foregoing powers shall not operate
as an exclusion of any powers not speCifically conferred. No
authorized deputy shall exercise any power, other than as
prescribed in this section, which shall require the exercise of
a discretion enjoined by law to be exercised personally by the
executor, administrator, personal representative, guardian, or
conservator in charge of the estate to which the discretionary
power refers.
HISTORY: L. 1988 H.B. 1371
473.773. Public administrator and sureties liable
for acts of deputies
The public administrator and the sureties upon his bond as
public administrator and the sureties on any other bonds
given specially for separate estates, shall be liable for any
l o s ~ occasioned by any wrongful, illegal or negligent act or
omission of any deputy acting under such authority or by
color of his authority as such deputy, to the same extent and
in the . s a ~ e manner as if the wrongful, illegal or negligent act
or omission had been committed, permitted or suffered by
the public administrator personally.
HISTORY: L. 1957 p. 869 3
473.775. Staff to be deemed county employees --
full-time staff may be provided for certain
administrators
1. Any fulltime staff of any public administrator's office
employed on or after January 1, 2001, who is not an
employee of the county for purposes of hiring, retirement,
benefits and other laws applicable to county employees shall
be deemed an employee after January 1, 2001. Any full-time
staff of the office of the public administrator for the city of St.
Louis on or after January 1, 2001, shall be considered an
employee of the city of St. Louis for purposes of hiring,
retirement, benefits and other laws applicable to the city of
St. Louis employees.
2. Each public administrator with fifty or more cases may be
provided with fulltime staff paid for by the county or for St.
Louis City, paid for by the city of SI. Louis.
HISTORY: L 2000 S.B. 542 1
473.780. Independent administration, when
1. When a will admitted to probate authorizes or directs
independent administration, either by specific reference to
this section or by language providing that the estate be
administered without adjudication, order or direction of the
court, the letters testamentary shall provide that the personal
representative therein named may administer the estate
independently. When a will admitted to probate prohibits
independent administration, expressly or by language
manifesting intent that the estate be administered under court
supervision, the directions of the will shall be observed.
2. When all of the heirs interested in an intestate estate or all
of the devisees interested in a testate estate, or all of the
heirs and devisees interested in a partially intestate estate,
consent to independent administration, and the will does not
prohibit it, the letters testamentary or of administration shall
provide that the personal representative therein named may
administer the estate independently.
3. When one or more of the heirs or devisees whose consent
to independent administration is required by subsection 2 is
or are under disability, and all of the other heirs or devisees
whose consent is required consent to independent
administration, the court may grant letters testamentary or of
administration which provide that the personal representative
therein named may administer the estate independently. The
court shall not appoint a guardian ad litem for the purpose of
consent to or consideration of an application for independent
administration.
HISTORY L. 1980 S.B. 637
108
NOTES:
notices or advertisements prohibited, RSMo 493.130,493.140
472.140
521.430
RSMo 70.377
Definition of terms and general proviSions, Chap. 472, RSMo
443.160 to 443.180
RSMo 109.020 to 109.040
T ax assessment list, executor or administrator to give assessor,
RSMo 137.350
473.783. Notice of independent administration.
contents
After letters testamentary or of administration authorizing
independent administration of an estate are issued, the
notice required by section 473.033 shall contain a paragraph
in substantially the following form:
"The personal representative may administer the estate
independently, without adjudication, order, or direction of the
probate division of the circuit court, unless a petition for
supervised administration is made to and granted by the
court."
NOTES:
473.787. Duties of personal representative in
independent administration attorney required,
when
1. While letters testamentary or of administration
authorizing independent administration of the estate are in
force, the personal representative therein named is an
independent personal representative and his administration
of the estate is an independent administration, and all actions
taken on or after August 28, 1996, shall be in accordance
with the provisions of the Missouri prudent investor act,
sections 456.900 to' 456.913, RSMo.
2. An independent personal representative shall proceed
expeditiously with the settlement and distribution of the
estate in accordance with the applicable provisions of this
chapter and, except as otherwise specified by the provisions
of sections 473.780 to 473.843, shall do so without
adjudication, order, or direction of the court, but he may
invoke the jurisdiction of the court, in proceedings authorized
by this code, to resolve questions concerning the estate or its
administration or distribution.
3. Unless he is a member in good standing of the Missouri
bar, an independent personal representative, because he
owes a fiduciary duty to the persons interested in the estate,
shall secure the advice and services of an attorney, who is
not a salaried employee of the personal representative, on
legal questions arising in connection with:
(1) The application for and issuance of letters testamentary
or of administration;
(2) The collection, investment and preservation of assets;
(3) The inventory;
(4) The allowance, disallowance, compromise and payment
of claims;
(5) The making of tax returns;
(6) The transfer and encumbrance of property of the estate;
(7) The interpretation of the will and of the intestacy laws;
(8) The scheme and making of distribution; and
(9) The closing of the estate.
HISTORY: L. 1980 S.B. 637, A.L. 1996 H.B. 1432
NOTES:
'Word 'through' appears in original rolls.
109
473.793. Inventory of property by independent
personal representative
Within thirty days after his appointment, an independent
personal representative, who is not a special administrator or
a successor to another representative who has previously
discharged this duty, shall prepare and file in the court an
inventory of property owned by the decedent at the time of
his death, listing it with reasonable detail, and indicating as to
each listed item, its fair market value as of the date of the
decedent's death, and the type and amount of any
encumbrance that may exist with reference to any item. The
independent personal representative shall send a copy of the
inventory to interested persons who request it.
NOTES:
473.797. Independent personal representative
may employ appraisers, attorney, accountant or tax
specialist
1. An independent personal representative may employ a
qualified and disinterested appraiser to assist him in
ascertaining the fair market value as of the date of the
decedent's death of any asset the value of which may be
subject to reasonable doubt. Different persons may be
employed to appraise different kinds of assets included in the
estate. The name and address of any appraiser shall be
indicated on the inventory with the item or items he
appraised.
2. An independent personal representative may employ an
attorney, certified public accountant or tax specialist holding
a valid permit to practice before the U. S. Treasury
Department to assist him in the preparation of any estate tax
return or any federal and state income tax returns and such
person shall be allowed out of the estate reasonable
compensation for such services. An independent personal
representative may also employ independent accountants to
assist him in filing federal and state income tax returns or
establishing records of account and reporting on financial
results in those estates requiring this service and such
person shall be allowed out of the estate reasonable
compensation for such service.
NOTES:
473.800. Supplementary inventory. when
reguiredeocopies to interested persons
If any property of substantial value not included in the
original inventory comes to the knowledge of an independent
personal representative, or if the independent personal
representative learns that the value or description indicated
in the original inventory for any item is erroneous or
misleading. he shall make a supplementary inventory or
appraisement showing the market value as of the date of the
decedent's death of the new item or the revised market value
or descriptions. and the appraisers or other data relied upon,
if any, and file it with the court. The independent personal
representative shall send a copy of any supplementary
inventory to interested persons at their request.
HISTORY: L 1980 S.8. 637, AL 1983 H.B. 369
110
473.803. Independent personal representative's
right to decedent's property exceptions eo duties
Except as otherwise provided by a decedent's will, every
independent personal representative has a right to, and shall
take possession or control of, the decedent's property, except
that any real property or tangible personal property may be
left with or surrendered to the person presumptively entitled
thereto unless or until, in the judgment of the independent
personal representative, possession of the property by him
will be necessary for purposes of administration. The
independent personal representative shall pay taxes on, and
take all steps reasonably necessary for the management,
protection, and preservation of, the estate in his possession.
He may maintain an action to recover posseSSion of property
or to determine the title thereto.
HISTORY L 1980 S.8. 637
NOTES:
473.810. Powers and duties of independent
personal representative
Except as restricted or otherwise provided by the will, an
independent personal representative, acting reasonably for
the benefit of the interested persons, may properly:
(1) Retain assets owned by the decedent pending
distribution or liquidation, including those in which the
representative is personally interested or which are otherwise
improper for trust investment;
(2) Receive assets from fiduciaries or other sources;
(3) Perform, compromise, or refuse performance of the
decedent's contracts that continue as obligations of the
estate, as he may determine under the circumstances. In
performing enforceable contracts by the decedent to convey
or lease land, the independent personal representative,
among other possible courses of action, may do either of the
following:
(a) Execute and deliver a deed of conveyance for cash
payment of all sums remaining due or for the purchaser's
note for the sum remaining due secured by a mortgage or
deed of trust on the land;
(b) Deliver a deed in escrow with directions that the
proceeds, when paid in accordance with the escrow
agreement, be paid to the successors of the decedent, as
designated in the escrow agreement;
(4) If funds are not needed to meet debts and expenses
currently payable and are not immediately distributable,
deposit or invest liquid assets of the estate, including moneys
received from the sale of other assets, in federally insured
interest-bearing accounts, readily marketable secured loan
arrangements, or other prudent investments which would be
reasonable for use by trustees generally;
(5) Make ordinary repairs to buildings or other structures;
(6) Vote stocks or other securities in person or by general
or limited proxy;
(7) Pay calls, assessments, and other sums chargeable or
accruing against or on account of securities, unless barred by
the provisions relating to claims;
(8) Hold a security in the name of a nominee, or in other
form, without disclosure of the interest of the estate; but the
independent personal representative is liable for any act of
the nominee in connection with the security so held;
(9) Insure the assets of the estate against damage, loss,
and liability, and himself against liability as to third persons;
(10) Effect a fair and reasonable compromise with any
debtor or obligor, or extend, renew, or in any manner mOdify
the terms of an obligation owing to the estate. If the
independent personal representative holds a mortgage,
pledge, or other lien upon property of another person, he
may, in lieu of foreclosure, accept a conveyance or transfer
of encumbered assets from the owner thereof in satisfaction
of the indebtedness secured by lien;
111
(11) Pay taxes, assessments, compensation of the
independent personal representative, and other expenses
incident to the administration of the estate;
(12) Sell or exercise stock subscription or con version
rights; consent, directly or through a committee or other
agent, to the reorganization, consolidation, merger,
dissolution, or liquidation of a corporation or other business
enterprise;
(13) Allocate items of income or expense to either estate
income or principal, as permitted or provided by law;
(14) Employ persons, including attorneys, auditors,
investment advisors, or agents, to advise or assist the
independent personal representative in the performance of
his administrative duties; act without independent
investigation upon their recommendations; and instead of
acting personally, employ one or more agents to perform any
act of administration, whether or not discretionary;
. or defend claims, or proceedings in any
Junsdlctlon for the protection of the estate and of the
independent personal representative in the performance of
his duties;
(16) Sell, mortgage, or lease any real or personal property
of the estate or any interest therein for cash, credit, or for part
cash and part credit, and with or without security for unpaid
balances;
(17) Continue any unincorporated business or venture in
the was engaged at the time of his death (a)
In the same business form for a period of not more than four
months from the date of appointment of a general
independent personal representative, if continuation is a
reasonable means of preserving the value of the business
including gOO? will; (b) in the same business form for any
additional penod of time that may be approved by order of
the court in a proceeding to which the persons interested in
the estate are parties; or (c) throughout the period of
if the business is incorporated by the
Independent personal representative and if none of the
probable distributees of the business who are competent
adults object to its incorporation and retention in the estate;
(18) Incorporate any business or venture in which the
decedent was engaged at the time of his death;
(19) Provide for exoneration of the independent personal
representative from personal liability in any contract entered
into on behalf of the estate'
(20) SatiSfy and settle and distribute the estate as
provided in this code. '
NOTES:
CROSS REFERENCES: Multinational banks securities and
obligations of, investment in, when, RSMo 409.950
473.811. Dealing in good faith for value with
independent representative protectednno duty to
inguire--liability of independent personal
representative
1. A person who in good faith deals with an independent
personal representative for value is protected as if the
independent personal representative properly exercised his
power. The fact that a person knowingly deals with an
independent personal representative does not require the
person to inquire into the existence of a power or the
propriety of its exercise.
2. No conveyance or transfer by the independent personal
representative to a bona fide purchaser for a valuable
consideration shall be set aside on the ground that the
independent personal representative was not acting
reasonably for the benefit of interested persons. Interested
persons may recover from the independent personal
representative any damages occasioned by failure of the
independent personal representative to act reasonably for
the benefit of interested persons.
HISTORY: L. 1983 H.B. 369
473.820. Liability of personal representative
1. Unless otherwise provided in the contract, a personal
representative is not individually liable on a contract properly
entered into in his fiduciary capacity in the course of
administration of the estate, unless he fails to reveal his
representative capacity and identify the estate in the contract.
2. A personal representative is individually liable for
obligations arising from ownership or control of the estate or
for torts committed in the course of administration of the
estate only if he is personally at fault.
3. Claims based on contracts entered into by a personal
representative in his fiduciary capacity, on obligations arising
from ownership or control of the estate, or on torts committed
in the course of estate administration may be asserted
against the estate by proceeding against the personal
representative in his fiduciary capacity, whether or not the
personal representative is individually liable therefor.
4. Issues of liability as between the estate and the personal
representative individually may be determined in a
proceeding for accounting, surcharge or indemnification, or
other appropriate proceeding.
NOTES:
112
473.823. Compensation of independent personal
representative and attorney
1. An independent personal representative is entitled to
reasonable compensation for his services. The statutory
schedule of compensation prescribed in section 473.153
shall be considered a minimum fee for services rendered. An
independent personal representative may renounce his right
to all or any part of the compensation. A written renunciation
of fee may be filed with the court.
2. If the will provides for compensation of the independent
personal representative, and there is no contract with the
decedent regarding compensation, he may renounce the
provisions before qualifying only if he also renounces the
right to administer independently under subsection 1 of
section 473.780. In the event of such renunciation, the
administration shall be supervised unless independent
administration is authorized under subsection 2 or 3 of
section 473.780.
3. An independent personal representative's attorney shall be
entitled to reasonable compensation for his services, but in
no event shall the compensation of the independent personal
representative or his attorney be in excess of the minimum
prescribed by section 473.153, without authorization by the
court. The schedule contained in such section shall be prima
facie evidence of the reasonableness of the fees charged.
HISTORY: L.1980S.B. 637, A.L. 1981 S.B.117, A.L.1996 S.B.
494
NOTES:
473.827. Review of compensation of independent
personal representative and of employment and
compensation of others, whennrefunds, when
On petition of an interested person, and after notice to all
interested persons, the propriety of employment of any
person by an independent personal representative, including
any attorney, auditor, appraiser, investment advisor, or other
specialized agent or assistant, the reasonableness of the
compensation of any person so employed, or the
reasonableness of the compensation determined by the
independent personal representative for his own services
may be reviewed by the court. Any person who has received
excessive compensation from an estate for services
rendered may be ordered to make appropriate refunds.
NOTES:
473.830. Court may restrain personal
representative, when petition .. hearing ..
procedure
1. On petition of any person who appears to have an
interest in the estate. the court, by temporary ex parte order.
may restrain a personal representative from .
specified acts of administration. disbursement, or distribution,
or from exercising any powers or discharging any duties of
his office. or may make any other order to secure proper
performance of his duty. if it appears to the court that
personal representative otherwise may take some action
which would jeopardize unreasonably the interest of the
applicant or of some other interested person. Persons with
whom the personal representative may transact business
may be made parties.
2. The matter shall be set for hearing within ten days unless
the parties otherwise agree. Notice, as the court directs, shall
be given to the personal representative and his attorney of
record. if any. and to any other parties named defendant in
the petition.
3. Procedure shall be in accordance with this code and the
supreme court rule relating to injunctions.
NOTES:
473.833. Revocation of independent
administration, when .. petition .. hearing" orders
of court
1. An independent personal representative. or any
interested person. may. at any time, file a petition to revoke
the provisions of letters testamentary or of administration
authorizing independent administration. The petitioner shall
serve a copy of such petition on each interested person at
the time the petition is filed with the court.
2. Upon the filing of such petition, the court shall determine
the extent of petitioner's interest in the estate and. if it shall
find that such interest is more than nominal, the court shall
order a hearing on the petition, directing notice thereof to be
given to all interested persons. and may specify the time
within which such interested persons shall file answers to
such petition. If. upon motion of any interested person, the
court finds that the petitioner's interest is nominal, the court
may dismiss the petition.
3. The court may enter such interlocutory orders as it deems
necessary to protect the assets of the estate pending a full
hearing. or to determine whether or not the independent
personal representative has properly administered the estate.
113
4. After hearing on the petition, the court may enter an order
directing supervised administration, or the court may deny
the petition conditioned upon the performance of some act by
the independent personal representative, or the court may
grant such other relief as the court deems under
the circumstances. If the court finds that the actions of the
independent personal representative have resulted in lo.ss to
the estate. the court may, in addition to ordering supervised
administration, remove the personal representative and enter
a judgment against him and his sureties, if any, in
accordance with the provisions of section 473.207.
5. After an order reVOking authorization for independent
administration has been entered, the administration of the
estate shall proceed under the provisions of this chapter
other than sections 473.780 to 473.843.
NOTES:
473.837. Settlement of estate, when .. notice
distribution
An independent personal representative may petition
for an order of complete settlement of the estate. After
notice is given pursuant to section 473.840 to all
interested persons and hearing, the court may enter an
order or orders, on appropriate conditions, determining
the persons entitled to distribution of the estate, and, as
circumstances require, approving settlement and
directing or approving distribution of the estate and
discharging the independent personal representative
from further claim or demand of any interested person.
HISTORY: L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision
473.840. Completion of administration--discharge
of independent personal representative, when--
procedures--objections, time limitation, procedure
1. Unless prohibited by order of the court, an independent
personal representative may complete administration and be
discharged in the manner prescribed by this section after six
months and ten days from the date of the first published
notice of letters testamentary or of administration.
2. To complete administration and be discharged in this
manner the independent personal representative shall file in
the court a document called a statement of account which
shall include:
(1) A statement that notice was given under sections
473.033 and 473.783 and that first publication as required by
section 473.783 occurred more than six months before the
filing of the statement of account;
(2) A complete accounting, omitting vouchers, of all
receipts and disbursements of the probate assets by the
personal representative;
(3) A statement that all claims, expenses of administration
and taxes have been paid in full, or if not paid, what items
have not been paid in full and why;
(4) A statement that, unless objection to the proposed
distribution is filed in court within twenty days after the filing
of the statement of account, the independent personal
representative will distribute probate assets in accordance
with a schedule of proposed distribution included in the
statement of account;
(5) A schedule of proposed distribution of probate assets;
and
(6) A statement that notice was given in the manner
provided by subdivision (2) of subsection 2 of section
472.100, RSMo, at least twenty-nine days prior to the filing of
statement of account which notice stated that: (a) the
Independent personal representative would file the statement
of account on a date certain or as continued by the court, and
(b) objections to the schedule of proposed distribution shall
be filed with the court within twenty days after the filing of the
statement of account. The notice shall be published once a
week for four consecutive weeks, the last publication to be at
least seven days prior to the date specified in the notice for
filing of the statement of account.
3. Copies of the statement of account, omitting vouchers,
copies of the original and any supplementary and corrected
inventories and all settlements filed in the court, and a notice,
shall be mailed together by ordinary mail before they are filed
in the court to each interested party. The notice shall state
that the statement of account will be filed in the court on a
date stated in the notice. Such notice shall further state that if
objection is filed in the court within twenty days after the
filing of the statement of account, the independent personal
representative will distribute in accordance with the schedule
of proposed distribution contained in the statement of
114
account. The. notice shall further state that if no proceeding is
commenced In the court within six months after the filing of
the statement of account, the independent personal
is discharged from further claim or demand by
an Interested party.
4. If no objection is filed within such twenty days after filing,
the court shall not have any duty to audit or make inquiry into
such statement of accounts, and the personal representative
shall make distribution in accordance with the proposed
schedule as filed. If an objection is filed within twenty days,
the court shall conduct a hearing on such objections and, if
necessary shall require vouchers and audit the statement of
and thereafter determine and order proper
distribution and make an order discharging the
representative.
5. Proof of the mailing of the notice and of the copies of the
statement of account, inventories and settlements shall be
filed in the court with the statement of account, and such
proof shall be by a statement signed by the independent
personal representative listing the persons to whom and
addresses to which mailing was made and the date of
mailing.
6. If no proceeding involving the independent personal
representative is filed in the court within six months after the
statement of ac.count is filed, the representative is discharged
from further claim or demand by any interested party. The
court sha". m.ake any order of discharge. If proceedings
are filed Within SIX months after ihe statement of account is
filed, the liability, if any, of the representative, to interested
parties, be determined by the court, and upon
satisfaction of any such liability the court shall make an order
discharging the representative.
HISTORY: L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision A L
1983 H.B. 369, A.L. 1996 S.B. 494 ' ..
NOTES:
473.843. Time for complete settlement or filing of
statement of account -- extension
Unless the time is extended by the court, an independent
personal representative shall petition for an order of complete
settlement under section 473.837, or file a statement of
account under section 473.840, within one year after the
original appointment of an independent personal
representative of the estate. If he fails to do so, the court
shall, upon application of any person interested in the estate,
or upon its own motion, order the personal representative to
close the estate or apply for an extension of time in which to
do so.
NOTES:
473.844. Distribution in kind--deeds, evidentiary
effect .. improper distribution, liability of distributee,
exceptions
1. If distribution in kind is made, the independent personal
representative shall execute an instrument or deed of
distribution assigning, transferring or releasing the assets to
the distributee as evidence of the title of the distributee to the
property.
2. Proof that a distributee has received an instrument or deed
of distribution of assets in kind, or payment in distribution,
from an independent personal representative, is conclusive
evidence that the distributee has succeeded to the interest of
the estate in the distributed assets, as against all persons
interested in the estate, except that the independent personal
representative may recover the assets or their value if the
distribution was improper.
3. Unless the distribution or payment no longer can be
questioned because of adjudication, estoppel, or limitation, a
distributee of property improperly distributed or paid, or a
claimant who was improperly paid, is liable to return the
property improperly received and its income since distribution
if he has the property. If he does not have the property, then
he is liable to return the value as of the date of disposition of
the property improperly received and its income and gain
received by him.
115
473.845. Interest of purchaser for value from, or
lender to, distributee of property protected
If property distributed in kind or a security interest therein is
acquired for value by a purchaser from or lender to a
distributee who has received an instrument or deed of
distribution from the independent personal representative, or
is so acquired by a purchaser from or lender to a transferee
from such distributee, the purchaser or lender takes title free
of rights of any interested person in the estate and incurs no
personal liability to the estate, or to any interested person,
whether or not the distribution was proper or supported by
court order or the authority of the independent personal
representative was terminated before execution of the
instrument or deed. This section protects a purchaser from or
lender to a distributee who, as independent personal
representative, has executed a deed of distribution to
himself, as well as a purchaser from or lender to any other
distributee or his transferee. To be protected under this
provision, a purchaser or lender need not inquire whether an
independent personal representative acted properly in
making the distribution in kind, even if the independent
personal representative and the distributee are the same
person, or whether the authority of the independent personal
representative had terminated before the distribution.
CHAPTER 474 PROBATE CODE-INTESTATE
SUCESSION & WILLS
474.010. General rules of descent
All property as to which any decedent dies intestate shall
descend and be distributed, subject to the payment of claims,
as follows:
(1) The surviving spouse shall receive:
(a) The entire intestate estate if there is no surviving
issue of the decedent;
(b) The first twenty thousand dollars in value of the
intestate estate, plus one-half of the balance of the intestate
estate, if there are surviving issue, all of whom are also issue
of the surviving spouse;
(c) One-half of the intestate estate if there are surviving
issue, one or more of whom are not issue of the surviving
spouse;
(2) The part not distributable to the surviving spouse, or the
entire intestate property, if there is no surviving spouse, shall
descend and be distributed as follows:
(a) To the decedent's children, or their descendants, in
equal parts;
(b) If there are no children, or their descendants, then to
the decedent's father, mother, brothers and sisters or their
descendants in equal parts;
(c) If there are no children, or their descendants, father,
mother, brother or sister, or their descendants, then to the
grandfathers, grandmothers, uncles and aunts or their
descendants in equal parts;
(d) If there are no children or their descendants, father,
mother, brother, sister, or their descendants, grandfather,
grandmother, uncles, aunts, nor their descendants, then to
the great-grandfathers, great-grandmothers, or their
descendants, in equal parts; and so on, in other cases
without end, passing to the nearest lineal ancestors and their
children, or their descendants, in equal parts; provided,
however, that collateral relatives, that is, relatives who are
neither ancestors nor descendants of the decedent, may not
inherit unless they are related to the decedent at least as
closely as the ninth degree, the degree of kinship being
computed according to the rules of the civil law; that is, by
counting upward from the decedent to the nearest common
ancestor, and then downward to the relative, the degree of
kinship being the sum of these two counts, so that brothers
are related in the second degree;
(3) If there is no surviving spouse or kindred of the
decedent entitled to inherit, the whole shall go to the kindred
of the predeceased spouse who, at the time of the spouse's
death, was married to the decedent, in like course as if such
predeceased spouse had survived the decedent and then
died entitled to the property, and if there is more than one
such predeceased spouse, then to go in equal shares to the
kindred of each predeceased spouse;
116
(4) If no person is entitled to inherit as provided in this
section the property shall escheat as provided by law.
S.B. 637, A.L. 1996 S.B. 494
NOTES:
PRIOR REVISIONS: 1929 306; 1919 303; 1909 332
CROSS REFERENCES: Adopted child, right to inherit, RSMo
453.090,453.170 Escheats, generally, Chap. 470, RSMo Estates of
suicides to descend as in cases of natural death, Const. Art. I 30
should die without issue living, then to other son for life and at his
death to other son's 'heirs at law', was construed according to
(Mo.), 318 S.w.2d 234.
(1967) The effect of this section is to establish a legal liability
against the estates of all decedents, including a deceased wife, for
payment of the decedent's funeral expenses. Gibson v. Muehlebach
Funeral Home, Inc. (A.), 409 S.w.2d 759.
CROSS REFERENCES: Adversary probate proceeding defined for
Chap. 474, RSMo 472.140
Declaratory judgment as to heirs, devisees, legatees or
construction of will, RSMo 527.040
Definitions of terms and general provisions of probate code, Chap
472, RSMo
Determination of heirship, RSMo 473.663
Foreign corporation not to act as testamentary trustee in this
state, RSMo 456.120
Forfeiture of inheritance in withdrawal of life support procedures
contrary to declarant's wishes, RSMo 459.045
Nonprobate transfers, RS Mo 461.003 to 461.081
Probate code, Chaps. 472, 473, 475, RSMo
Testamentary trusts, accounting required, when, RSMo 456.225
474.015. Failure to survive decedent by 120 hours
deemed predecease of decedent --consequences
1. Any person who fails to survive the decedent by one
hundred twenty hours is deemed to have predeceased the
decedent for purposes of homestead allowance, exempt
property, and intestate succession, and the decedent's heirs
are determined accordingly. If the time of death of the
decedent, or of the person who would otherwise be an heir,
or the times of death of both, cannot be determined, and it
cannot be established that the person who would otherwise
be an heir has survived the decedent by one hundred twenty
hours, it is deemed that the person failed to survive for the
required period.
2. This section is not to be applied where its application
would result in a taking of intestate estate by the state under
section 474.010.
HISTORY L. 1980 S.B. 637, A.L. 1981 S.B. 117
NOTES:
474.020. Lineals take per capita and per stirpes.
when
When several lineal descendants, all of equal degree of
consanguinity to the intestate, or his father, mother, brothers
and sisters, or his grandfathers, grandmothers, uncles and
aunts, or any ancestor living and their children, come into
partition, they shall take per capita, that is, by persons; where
a part of them are dead, and part living, and the issue oi
those dead have a right to partition, such issue shall take per
stirpes; that is, the share of the deceased parent.
HISTORY: RSMo 1939 310, A.L. 1955 p. 385 237
NOTES:
PRIOR REVISIONS: 1929 310; 1919 307; 1909 336
474.030. Partial intestacy
If part but not all of the estate of a decedent is validly
disposed of by will, the part not disposed of by will shall be
distributed as provided herein for intestate estates.
HISTORY: L. 1955 p. 385 238
117
474.040. Col/aterals of half blood inherit. how
When the inheritance is directed to pass to the ascending
and collateral kindred of the intestate, if part of the collaterals
is of the whole blood of the intestate, and the other part of the
half blood only, those of the half blood shall inherit only half
as much as those of the whole blood; but if all collaterals are
of the half blood, they shall have whole portions, only giving
to the ascendants double portions.
HISTORY: RSMo 1939 309, A.L. 1955 p. 385 239
NOTES:
PRIOR REVISIONS: 1929 309; 1919 306; 1909 335
(1956) Descendant of child who was adopted by mother of
deceased after her divorce from father of deceased held entitled to
inherit from deceased as nephew of half blood. Vreeland v.
Vreeland (Mo.), 296 S.w.2d 55.
474.050. Posthumous children to inherit
All posthumous children, or descendants, of the intestate
shall inherit in like manner, as if born in the lifetime of the
intestate; but no right of inheritance accrues to any person
other than the children or descendants of the intestate,
unless they are born and capable in law to take as heirs at
the time of the intestate's death.
HISTORY RSMo 1939 307, A.L 1955 P 385 240
NOTES
PRIOR REVISIONS 1929 307; 1919 304; 1909 333
474.060. Determination of relationship of parent
and childadopted person is child of adopting
parent. exception.illegitimate child. relationship
determined
1. If, for purposes of intestate succession, a relationship of
parent and child must be established to determine
succession by, through, or from a person, an adopted person
is the child of an adopting parent and not of the natural
parents, except that adoption of a child by the spouse of a
natural parent has no effect on the relationship between the
child and such natural parent.
2. In cases not covered by subsection 1 herein, a person
born out of wedlock is a child of the mother. That person is
also a child of the father. if either of the following occur:
(1) The natural parents participated in a marriage
ceremony before or after the bitih of the child, even though
the attempted marriage is void;
(2) The paternity is established by an adjudication before
the death of the father, or is established thereafter by clear
and convincing proof, except that the paternity established
under this subdivision (2) is ineffective to qualify the father or
his kindred to inherit from or through the child, unless the
father has openly treated the child as his, and has not
refused to support the child.
HISTORY: L 1980 S.B. 637, A.L. 1981 S.B 117
NOTES:
'No continuity with 474.060 as repealed by L 1980 S.B. 637.
(1985) Provisions of section are applicable for purposes of
determining paternity in applications for social security survivor's
benefits under 42 U.S.C. 416(h)(2)(A). Greer by Greer v. Heckler
(8th CiL), 756 F.2d 794.
474.070. Legitimation bv marriage
If a man, having by a woman a child or children, afterward
intermarries with her and recognizes the child or children to
be his, they are thereby legitimated.
HISTORY: RSMo 1939 315, A.L 1955 p. 385 242
NOTES:
PRIOR REVISIONS: 1929 315; 1919 312; 1909 341
(1967) This statute applies not only to a child born out of wedlock,
but also to a child born in wedlock, but sired by a man who was not
the mother's husband. The three essential elements of legitimation
under this section are actual paternity, intermarriage and
recognition. Simpson v. Blackburn (A.), 414 S.w.2d 795.
118
474.080. Issue of void or dissolved marriage,
legitimate
The issue of all marriages deemed null in law, or dissolved
by divorce, are legitimate.
HISTORY: RSMo 1939 316, A.l. 1955 p. 385 243
NOTES:
PRIOR REVISIONS: 1929 316; 1919 313; 1909 342
474.090. Advancements counted against share.
whenevaluation
If a person dies intestate as to all his estate, property which
he gave in his lifetime to an heir is treated as an
advancement against the latter's share of the estate only if
declared in a contemporaneous writing by the decedent or
acknowledged in writing by the heir to be an advancement.
For this purpose, the property advanced is valued as of the
time the heir came into possession or enjoyment of the
property, or as of the time of death of the decedent,
whichever occurs first. If the recipient of the property fails to
survive the decedent, the property is not taken into account
in computing the intestate share to be received by the
reCipient's issue, unless the declaration or acknowledgment
provides otherwise.
HISTORY: L 1955 p. 385 244, A.L 1980 S.B. 637
NOTES:
474.100. Alienage no bar to descent
In making title by descent, it is no bar to a demandant that
any ancestor through whom he derives his descent from the
intestate is or has been an alien.
HISTORY: RSMo 1939 313, A.L 1955 p. 385 245
NOTES:
PRIOR REVISIONS: 1929 313; 1919 310; 1909 339
CROSS REFERENCES: Alien may acquire real estate by descent
or devise, RSMo 442.560
474.110. Curtesy and dower abolished
The estates of curtesy and dower are hereby abolished, but
any such estate now vested is not affected by this code.
HISTORY: L. 1955 p. 385 246
474.120. Inheritance and statutory rights deemed
waived, when
The rights of inheritance or any other statutory rights of a
surviving spouse of a decedent who dies intestate shall be
deemed to have been waived if prior to, or after, the marriage
such intended spouse or spouse by a written contract did
agree to waive such rights, after full disclosure of the nature
and extent thereof, including the nature and extent of all
property interests of the parties, and if the thing or promise
given to the waiving party is a fair consideration under all the
circumstances.
p.655
NOTES:
PRIOR REVISIONS: 1929 334; 1919 330; 1909 362
(1964) Where husband and wife had entered antenuptial contract
by which each agreed not to share in the other's estate and waived
all interest or claims of every kind and nature and all marital,
statutory, and dower rights and allowances as surviving spouse,
widower was barred from claiming homestead and family support
allowance as well as other participation in wife's estate, except as
authorized by the contract. In re Adelman's Estate (A.), 377 S.w.2d
549.
(1968) Anticipatory, preparatory, collateral, and ancillary acts
performed in reliance on a verbal contract, generally are not
sufficient part performance to call for an exception to the provisions
of the statute of frauds; but if the verbal agreement is sufficiently
established, the acts are done with the knowledge of the other
party, and if the changes in circumstances resulting from such acts
are of such nature that the consequences thereof are, or may be,
disastrous, the court may enforce the contract, even though the acts
are not, strictly speaking, in execution of the contract. Pointer v.
Ward (Mo.), 429 S.w.2d 269.
119
474.130. Estate conveyed determines on failure
of contractual bar
When any deed, conveyance, assurance, or
contract in lieu of the inheritance or other statutory rights of a
spouse, through any default, fails to be a bar .to such
rights and the surviving spouse hiS inheritance and
statutory rights, then the estate and Interest so conveyed to
the surviving spouse ceases and determines.
HISTORY: RSMo 1939 336, A.L. 1955 p. 385 249
NOTES:
PRIOR REVISIONS: 1929 336; 1919 332; 1909 364
474.140. Inheritance and statutory rights barred
on misconduct of spouse
If any married person voluntarily leaves his or her spouse
and goes away and continues with an adulterer or abandons
his spouse without reasonable cause and continues to live
separate and apart from his or her spouse for one whole year
next preceding his or her death, or dwells with another in a
state of adultery continuously, or if any wife after being
ravished consents to her ravisher, such spouse is forever
barred from his or her inheritance rights, homestead
allowance, exempt property or any statutory allowances from
the estate of his or her spouse unless such spouse is
voluntarily reconciled to him or her and resumes cohabitation
with him or her.
H.B.537
NOTES:
PRIOR REVISIONS: 1929 337; 1919 333; 1909 365
(1963) Wife was barred from statutory rights and allowances in
deceased husband's estate on the ground that she had abandoned
him for more than one year, and husband's filing of cross petition in
wife's divorce action which was not concluded before husband's
death held not to constitute acquiescence in such abandonment.
Heil v. Shriner's Hospital for Crippled Children (A.), 365 S.w.2d 736.
(1967) A claimant may qualify as a 'widow' within the purview of
this section only if she has been reduced to that condition by the
ordinary and usual vicissitudes of life and not by a felonious act
committed by her which created that condition. In re Estate of Laspy
(A.), 409 S.W.2d 725.
474.150. Gifts in fraud of marital rights"
presumptions on conveyances
1. Any gift made by a person, whether dying testate or
intestate, in fraud of the marital rights of his surviving spouse
to share in his estate, shall, at the election of the surviving
spouse, be treated as a testamentary disposition and may be
recovered from the donee and persons taking from him
without adequate consideration and applied to the payment
of the spouse's share, as in case of his election to take
against the will.
2. Any conveyance of real estate made by a married person
at any time without the joinder or other written express
assent of his spouse, made at any time, duly acknowledged,
is deemed to be in fraud of the marital rights of his spouse, if
the spouse becomes a surviving spouse, unless the contrary
is shown.
3. Any conveyance of the property of the spouse of a
disabled person is deemed not to be in fraud of the marital
rights of the disabled person if the probate division of the
circuit court alJthorizes the conservator of the disabled
person to join in or assent to the conveyance after finding
that it is not made in fraud of the marital rights. Any
conveyance of the property of a minor or disabled person
made by a conservator pursuant to an order of court is
deemed not to be in fraud of the marital rights of the spouse
of the protectee.
HISTORY: L. 1955 p. 385 251, A.L. 1957 p. 829, AL 1959 S.B.
141, A.L. 1983 S.B. 44 & 45
NOTES
CROSS REFERENCES: Conveyance of estate by entireties by
guardian of minor or incompetent, RSMo 442.035
(1974) Held that a bank account set up as a jOint tenancy between
now deceased husband and his sister where all funds were
contributed by husband constitutes fraud of the marital rights under
this section. Nelson v. Nelson (A.), 512 SW.2d 455.
(1976) Held, that facts in this case were sufficient to indicate
fraud. Two important elements were failure of transferees to provide
any part of the purchase price of the property received by them and
the control retained by the transferor. Matter of the Estate of
LaGrace (A.), 532 SW.2d 511.
474.155. Contract to make will or devise, revoke
or not revoke will or devise, or to die intestate, how
established
A contract to make a will or devise, to revoke or not to
revoke a will or devise, or to die intestate, if executed after
January 1, 1981, can be established only by
(1) Provisions of a will stating material provisions of the
contract;
120
(2) An express reference in a will to a contract and extrinsic
evidence proving the terms of the contract; or
(3) A writing signed by the decedent evidencing the
contract. The execution of a jOint will or mutual wills does not
create a presumption of a contract not to revoke the will or
wills.
NOTES:
(1998) By its terms, statute applies only to contracts executed
after January 1, 1981. Nolte v. Wittmaier, 977 SW.2d 52 (E.D.Mo.).
474.160. Election by surviving spouse to take
against Will, effect
1. When a married person dies testate as to any part of his
estate, a right of election is given to the surviving spouse
solely under the limitations and conditions herein stated:
(1) The surviving spouse, upon election to take against the
Will, shall receive in addition to exempt property and the
allowance under section 474.260 one-half of the estate,
subject to the payment of claims, if there are no lineal
descendants of the testator; or, if there are lineal
descendants of the testator, the surviving spouse shall
receive one-third of the estate subject to the payment of
claims;
(2) When a surviving spouse elects to take against the will
he shall be deemed to take by descent, as a modified share,
such part of the estate as comes to him under the provisions
of this section, and shall take nothing under the will;
(3) Whenever there is an effective election to take against a
will which provides for benefits to accrue upon the death of
the surviving spouse, the election has the same effect as to
the benefits as if the surviving spouse had predeceased the
testator, unless the will otherwise provides.
2. The rights of the surviving spouse under this section are
not given in lieu of the homestead allowance under section
474.290, but any homestead allowance made to the surviving
spouse shall be offset against the share taken under this
section.
HISTORY: L. 1955 p. 385 252, A.L. 1957 p. 829
(1984) In determining how the surviving spouse's election to take
against the will affects the distribution of the rest of the estate when
the testator has not specified what is to happen, the court held that
the legislature did not intend for the abatement statute to apply to an
election to take against the will. Wilkinson v. Brune (Mo. App.), 682
SW.2d 107.
474.163. Valuation of estate, how determined
1. For the purposes of section 474.160, the estate consists
of all money and property owned by the decedent at his
death. reduced by funeral and administration expenses,
exempt property, family allowance and enforceable claims,
and increased by the aggregate value of all money and
property derived by the surviving spouse from the decedent
by any means other than testate or intestate succession,
exempt property or family allowance without a full
consideration in money or money's worth. The aggregate
value of money and property so derived by the surviving
spouse from the decedent shall be offset against the elective
share given by section 474.160.
2. Property derived from the decedent includes, but is not
limited to:
(1) Any beneficial interest of the surviving spouse in a trust
created by the decedent during his lifetime;
(2) Any property appointed to the spouse by the decedent's
exercise of a general or special power of appointment also
exercisable in favor of persons other than the spouse;
(3) Any proceeds of insurance, including accidental death
benefits, on the life of the decedent attributable to premiums
paid by him;
(4) Any lump sum immediately payable, and the commuted
value of the proceeds of annuity contracts under which the
decedent was the primary annuitant, attributable to premiums
paid by him;
(5) The commuted value of amounts payable after the
decedent's death under any public or private pension,
disability compensation, death benefit or retirement plan,
exclusive of the Federal Social Security system, by reason of
service performed or disabilities incurred by the decedent;
and
(6) The value of the share of the surviving spouse resulting
from rights in community property in any other state formerly
owned with the decedent.
Premiums paid by the decedent's employer, his partner, a
partnership of which he was a member, or his creditors, are
deemed to have been paid by the decedent.
3. When immediately before the decedent's death the
surviving spouse was a cotenant or remainderman with
respect to money, property, a trust fund or an account in a
bank or other financial institution and, incident to such death,
the surviving spouse became the sole owner thereof or the
owner of a life interest therein, the whole value of such sole
ownership or life interest shall be deemed to have been
received from the decedent, except as to the proportion of
such value, if any, derived from contributions toward the
acquisition, establishment or creation of the money, property,
fund or account made by the surviving spouse or ascendant
or collateral blood relatives of the surviving spouse, other
than the decedent.
121
4. Property owned by the surviving spouse at the decedent's
death is valued as of the date of death. Property transferred
by the spouse is valued at the time the transfer became
irrevocable, or at the decedent's death, whichever occurred
first. Income earned by included property prior to the
decedent's death is not treated as property derived from the
decedent.
5. Property owned by the surviving spouse as of the
decedent's death, or previously transferred by the surviving
spouse, is presumed to have been derived from the
decedent. except to the extent that the surviving spouse
establishes that it was derived from another source.
6. If it appears that the elective share given by section
474.160, as computed in accordance with this section, will be
less advantageous to the surviving spouse than the provision
made for that spouse by the will, the surviving spouse may
rescind the election to take against the will.
7. Nothing in this section shall be deemed to require the
surviving spouse to refund to the estate money or property
derived from the decedent or its value.
NOTES:
(1986) The property which passes to a spouse upon decedent's
death is to be deemed received from decedent except as to
proportion of such value, if any, which was derived from
'contributions' toward acquisition, establishment or creation of
property made by the surviving spouse. 'Contribution' means
contribution in money or money's worth. Estate of Leve v. Leve,
(A.), 704 SW.2d 263.
474.170. Notice of right to elect
The clerk of the court, after the will of a married person is
admitted to probate. shall, within one month thereafter, mail
by ordinary mail a written notice, directed to the testator's
surviving spouse at his last known residence address
informing him that a written election must be filed by ~ r on
behalf of the surviving spouse in order to take against the
will, within ten days after the expiration of the time limited for
contesting the will of .the decedent, unless the time is
extended pursuant to law. Failure of the clerk to mail or of
any surviving spouse to receive the notice herein required
does not affect the time for making an election as prescribed
by section 474.180. If the court is informed that a surviving
spouse has been adjudicated a disabled or incapacitated
person but has no guardian or conservator the notice need
not be given but the court may appoint a guardian ad litem to
make the election.
44 & 45
474.180. Time for making of election
The election by a surviving spouse to take the share herein
provided may be made at any time within ten days after the
expiration of the time limited for contesting the will of
decedent, except that if, at the expiration of the period for
making the election, litigation is pending to test the validity or
to determine the effect or construction of the wHI, or to
determine the existence of issue surviving the decedent, or to
determine any other matter of law or fact which would affect
the amount of the share to be received by the surviving
spouse, the right of the surviving spouse to make an election
shalf not be barred until the expiration of ninety days after the
final determination of the litigation.
HISTORY: L. 1955 p. 385 254, A.L. 1957 p. 829
474.190. Form of election, filing
The election to take the share hereinbefore provided shall
be in writing, signed and acknowledged by the surviving
spouse or by the guardian ad litem or conservator of his
estate and shall be filed in the office of the clerk of the court.
It may be in the following form:
I, A. B., surviving wife (or husband) of C. D., late of the cou
ntyof
.......... and state of ........... do hereby elect to take my legal s
hare in
the estate of the said C. D., and do hereby renounce all provi
sions in the
will of the said C. D. inconsistent herewith.
Signed,(Acknowledgment) (Signature)
HISTORY: L. 1955 p. 385 255, A.L. 1983 S.B. 44 & 45
474.200. Right of election personal to surviving
spouse
The right of election of the surviving spouse is personal to
him. It is not transferable and cannot be exercised after his
death; but if the surviving spouse is disabled or a minor, his
guardian ad litem or conservator may elect for him with the
approval of the court or, on application of an interested
person, the court may order his guardian ad litem or
conservator to elect for him.
44 &45
122
474.220. Waiver of right to elect
The right of election of a surviving spouse hereinbefore
given may be waived before or after marriage by a written
contract, agreement or waiver signed by the party waiving
the right of election, after full disclosure of the nature and
extent of the right, if the thing or the promise given to the
waiving party is a fair consideration under all the
circumstances. This written contract, agreement or waiver
may be filed in the same manner as hereinbefore provided
for the filing of an election.
HISTORY: L. 1955 p. 385 258
(1964) Section 474.220 exclusively controls a will case and
section 474.120 applies only to an intestate estate. In re Adelman's
Estate (A.), 377 S.w.2d 549.
(1964) Surviving widower who had entered into antenuptial
contract with wife and received fair consideration therefor and where
there had been full disclosure, could not elect to take against wife's
will. In re Adelman's Estate (A.), 377 S.w.2d 549.
474.230. Effect of failure to elect to take against
will
When a surviving spouse makes no election to take against
the will, he shall receive the benefit of all provisions in his
favor in the will, if any, and shall share as heir, in accordance
with the provisions of sections 474.010 to 474.030, in any
estate undisposed of by the will. By taking under the will or
consenting thereto, he does not thereby waive his right to a
homestead allowance, to exempt property or to an allowance
under section 474.260 unless it clearly appears from the will
that the provision therein made for him was intended to be in
lieu of such rights or any of them.
HISTORY: L. 1955 p. 385 259
(1961) Where will gave to the surviving spouse such part of his
estate as under the laws of the state his wife would be entitled, she
would receive such part under the will notwithstanding that the
parties had entered into a property settlement the day before the
decedent died contemplating a divorce between them. Crist v.
Nesbit (A.), 352 S.w.2d 53.
474.235. Share of omitted spouse
1. If a testator fails to provide by will for his surviving
spouse who married the testator after the execution of the
will, the omitted spouse shall receive the same share of the
estate he would have received if the decedent left no will,
unless it appears from the will that the omission was
intentional or that the testator provided for the spouse by
transfer outside the will, and the intent that the transfer be in
lieu of a testamentary provision is shown by statements of
the testator, the amount of the transfer or other evidence.
2. In satisfying a share provided by this section, the devises
made by the will abate as provided in section 473.620,
RSMo.
HISTORY L. 1980 S.B. 637
NOTES:
(1984) Surviving spouse was testator's sister-in-law at time will
was executed and was provided for only as member of class
including in-laws. Was held to be an omitted spouse. Estate of
Groeper v. Groeper (Mo.App.) 665 S.w.2d 367.
474.240. Share of omitted children, how
determined
1. If a testator fails to provide in his will for any of his
children born or adopted after the execution of his will, the
omitted child receives a share in the estate equal in value to
that which he would have received if the testator had died
intestate, unless:
(1) It appears from the will that the omission was
intentional;
(2) When the will was executed the testator had one or
more children and devised substantially all his estate to the
other parent of the omitted child; or
(3) The testator provided for the child by transfer outside
the will and the intent that the transfer be in lieu of a
testamentary provision is shown by statements of the
testator, the amount of the transfer or other evidence.
2. If at the time of execution of the will the testator fails to
provide in his will for a living child solely because he believes
the child to be dead, the child receives a share in the estate
equal in value to that which he would have received if the
testator had died intestate.
3. An illegitimate child is not a child of a male testator, for the
purposes of this section, unless the testator, during his
lifetime or in the will, recognized that the child was his.
4. In satisfying a share provided in this section, the devises
made by the will abate as provided in section 473.620,
RSMo.
123
HISTORY: L. 1955 p. 385 260, A.L. 1980 S.B. 637
NOTES:
(1989) Child omitted from parent's will is not entitled to inherit
unless he is born or adopted after the execution of the will. Statute
does not require that child be 'recognized' as such by parent or that
the child be legitimate. Moyer v. Walker, 771 S.w.2d 363 (Mo.App.).
474.250. Exempt property of surviving spouse or
minor children
The surviving spouse, or unmarried minor children of a
decedent are entitled absolutely to the following property of
the estate without regard to its value: The family bible and
other books, one automobile or other passenger motor
vehicle, including a pickup truck, with its means of
propulsion, all wearing apparel of the family, all household
electrical appliances, all household musical and other
amusement instruments and all household and kitchen
furniture, appliances, utensils and implements. Such property
shall belong to the surviving spouse, if any, otherwise to the
unmarried minor children in equal shares.
p. 829, A.L. 1980 S.B. 637, A.L. 1996 S.B. 494
NOTES:
Chap. 474, RSMo 472.140
Definitions of terms and general provisions of probate code, Chap.
472, RSMo
Detenmination of heirship, RSMo 473.663
Disclaimers of property. Chap. 469, RSMo
state, RSM0456.120
Probate code, Chaps. 472, 473, 475, RSMo
Testamentary trusts, accounting required, when, RSMo 456.225
474.260. One year support allowance, property in
lieu thereofallowance exempt from all claims
1. In addition to the right to homestead allowance and
exempt property, the decedent's surviving spouse and minor
children whom the decedent was obligated to support and
the children who were in fact being supported by the
decedent are entitled to a reasonable allowance in money
out of the estate for their maintenance during the period of
administration, which allowance may not continue for longer
than one year. The allowance may be paid as a Jump sum or
in periodic installments. It is payable to the surviving spouse,
if living, for the use of the surviving spouse and minor or
dependent children; otherwise to the children, or person
having their care and custody, but if a minor or dependent
child is not living with the surviving spouse, the allowance
may be made partially to the child or the child's guardian or
other person having the child's care and custody, and
partially to the spouse, as their needs may appear. In setting
the amount of the support allowance for any persons entitled
to such support. the court may consider the previous
standard of living of the applicant, the condition of the estate,
the income and other assets available to the applicant and
the applicant's expenses. The support allowance is not
chargeable against any benefit or share passing to the
surviving spouse or children by the will of the decedent.
unless otherwise provided, by intestate succession or by way
of elective share. The death of any person entitled to a family
allowance terminates the right to allowances not yet paid.
2. The court may authorize the recipient of the support
allowance to receive any property of the estate in lieu of all or
part of the money allowance authorized by this section, and
in any case where the court makes an allowance in money,
the recipient of the support allowance may select and receive
any property of the estate, of a value not exceeding the
allowance in money, which shall be in lieu of and which value
shall be credited against the allowance. The right of selection
provided for in this section is subject to the provisions of
section 473.620, RSMo. The allowance authorized by this
section is exempt from all claims.
3. Where real estate is selected pursuant to this section, the
provisions of subsections 2, 3, 4, 5 and 6 of section 474.290
shall be followed.
p. 829. A.L. 1965 p. 637, A.L. 1967 p. 645. AL. 1971 S.B. 85, AL
1980 S.B 637. AL 1996 S.B 494
NOTES
PRIOR REVISIONS: 1929 106. 107; 1919 105, 106; 1909
114,115
124
474.270. Exempt property applied for, when
The surviving spouse or other custodian of unmarried
minor children shall apply for the property named in section
474.250 before the same is distributed or sold, but the
property so delivered shall in no case be liable for the
payment of the claims against the estate.
HISTORY: RSMo 1939 108, AL 1955 p. 385 136, AL. 1957
p.829
NOTES:
PRIOR REVISIONS: 1929 109; 1919 108; 1909 117
474.280. Proceeds of sale of exempt property
paid over, when
If the surviving spouse or unmarried minor children do not
receive the property allowed him or them under section
474.250 and the same is sold by the executor or
administrator, the court shall order the money to be paid to
the surviving spouse or unmarried minor children at any time
before the same is paid out for claims or distributed.
HISTORY: RSMo 1939 109, AL. 1955 p. 385 137. AL. 1957
p.829
NOTES:
PRIOR REVISIONS: 1929 110; 1919 109; 1909 118
474.290. Homestead allowance partition of real
estate selected, procedure waiver
1. At any time after the return of the inventory, the court, on
application of the surviving spouse or of the guardian,
conservator, or person having custody of the persons of the
unmarried minor children of a decedent, shall make an
allowance to the surviving spouse or unmarried minor
children of an amount not exceeding fifty percent of the value
of the estate, exclusive of exempt property, and the
allowance made under section 474.260, but in no case shall
the allowance exceed fifteen thousand dollars. Such
allowance shall be known as a homestead allowance and is
in addition to the exempt property and the allowance to the
surviving spouse and unmarried minor children under section
474.260. The homestead allowance is exempt from all claims
against the estate. The homestead allowance shall be offset
against the share to which the surviving spouse or any minor
child who receives it is entitled as a distributee of the estate,
but the allowance shall not be diminished if it is greater than
the distributive share. The allowance may consist, in whole or
in part, of money or property, real or personal, and subject to
the provisions of section 473.620, RSMo, property may be
selected as provided in this section. The homestead
allowance is the property of the surviving spouse, if any; but
if there is no surviving spouse or if the surviving spouse dies
before receiving the homestead allowance, then it is the
property of the unmarried minor children in equal shares.
When a decedent is survived by married minor children or
children of full age, or both, and also by unmarried minor
children but no spouse, the homestead allowance as
determined under the foregOing provisions of this section
shall be divided by the total number of all of the children of
the decedent and the shares of the unmarried minor children
as S? shall, notwithstanding the foregoing
prOVISions, constitute the homestead allowance. The
of property shall be made by the surviving spouse,
If any, otherwise by the guardian or conservator of each
unmarried minor child for such child, or by a person
designated by the court, but no real estate may be selected
or included in any homestead allowance unless selection of
the speCific real estate is requested in the application filed
within the time provided by subsection 7 of this section.
2. If real estate is included in the homestead allowance, the
personal representative shall convey the same as
determined by this section by deed to the person entitled
thereto.
3. If a surviving spouse selects, as a homestead allowance,
an interest in property having a value in excess of the
homestead allowance, the court shall order the personal
representative to convey the property to the surviving spouse
upon the payment to the estate by such spouse of an amount
of money equal to the difference between the value of the
property and the homestead allowance or it shall order the
125
personal representative to convey an undivided interest in
the property to the surviving spouse which is equivalent to
the ratio which the homestead allowance bears to the value
of the property, at the option of the spouse.
4. If the court finds that real estate selected by the surviving
spouse is a part of a larger tract and that the real estate
selected may be separated from the residue of the larger
tract without great prejudice to the owners, the court may
proceed to set off to the surviving spouse the real estate
constituting the homestead allowance in the same manner as
provided by sections 528.200 to 528.240, RSMo, for the
partition of real estate, and this portion so set off shall be
conveyed by the personal representative, by deed, to the
surviving spouse.
5. In all proceedings under this section the court may order
such appraisals of the property selected as it deems
necessary and it shall determine the value of the property
after due notice to all interested parties in the manner as
ordered by the court pursuant to section 472.100, RSMo, and
hearing pursuant thereto.
6. If within five days after the court's determination of the
value of the property any interested party files written
exception to the court's determination and avers in the
exception that the amount so determined is excessive or
inadequate and if the court finds that a sale of the property
would be in the best interests of the estate, then the court, in
lieu of the procedures provided in subsections 1 and 2, may
order a public sale of such property in the manner provided
by sections 473.507 and 473.510, RSMo. Upon such sale, if
the surviving spouse is the high bidder, the amount of the
homestead allowance shall be credited against the purchase
price. Within ten days after such sale a report of the sale
shall be filed and upon approval of the report by the court,
the. personal representative shall execute, acknowledge and
deliver a conveyance to the purchaser according to the order
of approval which in form and substance shall be the same
as that provided for in subsection 2 of section 473.520,
RSMo, omitting any reference to certificate of appraisement.
7. If no application for the setting apart and allowance
in this section is filed within ten days after
expiration of the time allowed for filing of claims, the
homestead allowance is deemed waived by the surviving
spouse or the unmarried minor children and the spouse or
the unmarried minor children have no right to homestead or
homestead allowance under any law of this state.
8. The allowance made under this section is in lieu of all
dower and homestead rights in the property of a decedent.
After January 1, 1956, no right of homestead under sections
513.500*, RSMo, vests in the surviving spouse
or minor children of any decedent, but neither this section nor
the repeal of sections 513.495* and 513.500*, RSMo, affects
homestead rights heretofore vested in any surviving spouse
or minor children.
HISTORY: L. 1955 p. 385 138, A.L. 1957 p. 829, A.L. 1961 p. 653, A.L.
1978 H.B. 1634, A.L. 1983 S.B 44 & 45, A.L. 1996 S.B. 494
NOTES:
'Sections "513.495 and 513.500" were both repealed by L. 1957 p. 292
1.
(1960) Where widow selected the only asset in the estate oonsisting of real
estate of a value of twice the amount of the homestead allowance, she was
entitled to a conveyance of an appropriate interest in the real estate but not
to a fee simple conveyance subject to lien for the difference in value. In re
Estate of Walton (Mo.), 330 S.w.2d 834.
(1960) Where widow selected an interest in specific real estate as her
homestead allowance and an undivided interest therein was oonveyed to
her, such interest was subject to partition. Wyatt v. Bauer (A.), 332 S.w.2d
301.
474.293. Provision of family allowance by
independent personal representative limitations
relief by court
An independent personal representative may, without court
direction, authorization or approval, make any determination,
finding, authorization, allowance, conveyance, payment.
partition or delivery, or do any other act which the court could
direct, authorize, make or do under sections 474.250,
474.260,474.280 and 474.290, except that he may not.
without court authorization, set the family allowance at more
than a lump sum of six thousand dollars or periodic
installments in excess of five hundred dollars per month for
one year. The independent personal representative, or any
person aggrieved by any determination, finding,
authorization, allowance, conveyance, payment, partition,
delivery or other act, or by failure to act, under this section,
may petition the court for appropriate relief, which relief may
provide a family allowance larger or smaller than that which
the independent personal representative determined or could
have determined.
NOTES:
474.300. Effect of death of spouse or child or
marriage of minor on family and homestead
allowances
Death of a surviving spouse within the one year period for
which the allowance is provided under section 474.260, for
his maintenance, shall not affect the right of the surviving
spouse to the allowance or the ordering thereof by the court.
If an unmarried minor child dies, marries or comes of age, no
allowance shall be made under section 474.260 for his
maintenance for any period after such death. marriage or
126
coming of age. When a surviving spouse dies without having
received the homestead allowance. it may be paid or may be
allowed to the unmarried minor children. If an unmarried
minor child entitled to homestead allowance dies, marries or
comes of age before his homestead allowance has been
made. and within the time for applying for it. he shall not be
entitled to the allowance, but if he dies, marries or comes of
age after it has been allowed but before it was paid. he shall
be entitled to it.
HISTORY: L. 1955 p. 385 138A, A.L. 1965 p. 637
(1960) Where surviving spouse died without applying for
homestead allowance. her estate was not entitled to such allowance
although its application was timely made. Schubel v. Bonacker
(Mo.). 331 S.w.2d 552.
474.310. Who may make will
Any person of sound mind. eighteen years of age or older
or any minor emancipated by adjudication, marriage or entry
into active military duty into the military may by last will
devise his or her real or personal property and may also
devise the whole or any part of his or her body to any
college. university. licensed hospital or to the state
anatomical board for use in the manner expressly provided
by his or her will or otherwise.
HISTORY: L. 1955 p. 385 261, A.L 1999 H.B. 136 and S.B. 271
Chap. 474, RSMo 472.140
Definitions of terms and general provisions of probate code, Chap.
472. RSMo
Determination of heirship, RSMo 473.663
state. RSM0456.120
Probate code, Chaps. 472. 473. 475, RSMo
Testamentary trusts, accounting required, when. RSMo 456.225
474.320. Will form, execution, attestation
Every will shall be in writing, signed by the testator, or by
some person, by his direction, in his presence; and shall be
attested by two or more competent witnesses subscribing
their names to the will in the presence of the testator.
HISTORY: RSMo 1939 520, A.L. 1955 p. 385 262
NOTES:
PRIOR REVISIONS: 1929 519; 1919 507; 1909 537
(1974) Subsequent to execution and attestation of will testator
wrote 'nine' over word 'ten' and wrote '9' over figure '10' and
marked through and circled name of one of the distributees of the
remaining nine-tenths of his estate intending to eliminate such
person as a distributee. Court held that effect of alterations would
be to increase portions of other distributees as well as to revoke
share of the distributee whose name was stricken and that such
changes constituted a new and distinct testamentary disposition
which, since not attested, were not legally effective and, applying
doctrine of dependent relative revocation, no revocation was had
and will remained in effect as originally written. Oliver v. Union
National Bank of Springfield (A.), 504 SW.2d 647.
(1974) Held that unwitnessed interlinear alterations in a will
indicated testator's intent to cancel entire document. Watson v.
Landvatter (Mo.), 517 S.w.2d 117.
(1974) An agreement to transfer an insurance business on the
death of current owner held not to constitute a testamentary
disposition. Hunt v. Dallmeyer (A.). 517 S.w.2d 720.
474.330. Who may witness willueffect of interest
in will
1. Any person competent to be a witness generally in this
state may act as attesting witness to a will.
2. No will is invalidated because attested by an interested
witness; but any interested witness shall, unless the will is
also attested by two disinterested witnesses, forfeit so much
of the provisions therein made for him as in the aggregate
exceeds in value, as of the date of the testator's death, what
he would have received had the testator died intestate.
3. No attesting witness is interested by reason of being a
creditor of the estate or because he is named executor in the
will or unless the will gives to him some personal and
beneficial interest.
HISTORY: L. 1955 p. 385 278
(1954) Executor of will is competent as a witness to sustain will in
will contest action and is not disqualified under the dead man's
statute. Reidinger v. Adams (Mo.), 266 S.w.2d 610.
(1954) Beneficiary under will may testify as to handwriting of
deceased on letters and envelopes which are used as exhibits in
will contest. Reidinger v. Adams (Mo.), 266 S.w.2d 610.
127
474.333. Will may provide for disposal of
personal property by separate list
A will may refer to a written statement or list to dispose of
items of tangible personal property not otherwise speCifically
disposed of by the will, other than money, evidences of
indebtedness, documents of title, securities and property
used in trade or business. To be admissible under this
section as evidence of the intended disposition, the writing
must either be in the handwriting of the testator or be signed
by the testator, must be dated and must describe the items
and the devisees with reasonable certainty. The writing may:
(1) Be referred to as one to be in existence at the time of
the testator's death;
(2) Be prepared before or after the execution of the will;
(3) Be altered by the testator after its preparation; and
(4) Be a writing which has no Significance apart from its
effect upon the dispositions made by the will.
HISTORY: L. 1980 S.B. 637, A.L. 1996 S.B. 494
NOTES:
474.337. Written will self.proved! how
1. A written will may at the time of its execution! or at any
subsequent date, be made self-proved, by the
acknowledgment thereof by the testator and the witnesses,
each made before an officer authorized to administer oaths
under the laws of this state, and evidenced by the officer's
certificate, under official seal, attached or annexed to the will
in form and content substantially as follows:
THE STATE OF .................... ..
COUNTY OF ........................ .
I, the undersigned, an officer authorized to administer oaths,
certify thal.. ............. , the testator, and the witnesses, whose
names are signed to the attached or foregoing instrument,
having appeared together before me and having been
first duly sworn, each then declared to me that the testator
signed and executed the instrument as his last will, and that
he had willingly signed or willingly directed another
to sign for him, and that he executed it as his free
and voluntary act for the purposes therein expressed; and th
at each of the witnesses, in the presence and hearing
of the testator, signed the
will as witness and that to the best of his knowledge the
testator was at that time eighteen or more years of age,
of sound mind, and under no constraint or undue infiuence.
In witness whereof I have hereunto subscribed my name and
affixed my official seal this ............... day of ........... , 19 .. .
(Signed) .................. .
(SEAL) .................. ..
(Official capacity of officer)
2. An officer authorized to administer oaths under the laws of
this state, who has no official seal, including a commissioner
of deeds acting under section 486.130, RSMo, and a judge
advocate or other commissioned officer of the armed forces
acting under Article 136 of the Uniform Code of Military
Justice (United States Code, Title 10, Section 936), whether
or not on active duty, section 492.070, RSMo, or an
equivalent court rule, may, in lieu of affixing an official seal to
his certificate, include in it a statement that he has no official
seal and reciting the facts which establish his authority. Such
a statement has the same effect as an official sea/.
HISTORY: L. 1980 S.B. 637, A.L.1981 S.B. 117, AL 1991 S.B.
358
NOTES:
128
474.340. Nuncupative wills
1. A nuncupative will may be made only by a person in
imminent peril of death, whether from illness or otherwise,
and shall be valid only if the testator died as a result of the
impending peril, and must be:
(1) Declared to be his will by the testator before two
disinterested witnesses;
(2) Reduced to writing by or under the direction of one of
the witnesses within thirty days after such declaration; and
(3) Submitted for probate within six months after the death
of the testator.
2. The nuncupative will may dispose of personal property
only and to an aggregate value not exceeding five hundred
dollars.
3. A nuncupative will neither revokes nor changes an existing
written will.
HISTORY: L. 1955 p. 385 263
474.350. Revocation of nuncupative will
A nuncupative will or any part thereof can be revoked by
another nuncupative will.
HISTORY: L. 1955 p. 385 264
474.360. Written will valid if executed in
compliance with law
A written will is valid if executed in compliance with:
(1) The laws of this state;
(2) The laws, as of the time of execution, of the
place where the will is executed; or
(3) The laws of the place where, at the time of
execution or the time of the testator's death, the testator
is domiciled, has a place of abode or is a national.
NOTES:
'No continuity with 474.360 as repealed by L. 1980 S.B. 637.
474.370. Foreign wills, recorded when, evidence
Authenticated copies of wills, probated in another state,
and the probate thereof, shall be recorded in the same
manner as wills executed and proved in this state, and shall
be admitted in evidence in the same manner and with like
effect.
HISTORY: RSMo 1939 552, A.L. 1955 p. 385 266
NOTES:
PRIOR REVISIONS: 1929 551; 1919 539; 1909 568
474.380. Probate of foreign wills
Any will admitted to probate in any state, territory or district
of the United States, together with the order admitting the
same to probate therein, authenticated according to act of
congress, shall be admitted to probate in this state in any
county where real estate is affected thereby, or filed in the
office of the recorder of deeds in such county. All wills so
authenticated, admitted to probate in any county, or filed for
record in any recorder's office, give notice thereof, and they,
or certified copies thereof, shall be admitted as evidence in
all courts in this state. When any will is admitted to probate in
this state under this section a certified copy thereof, under
official seal, made by the judge or clerk, or, in case the same
is filed in the office of the recorder of deeds, a copy of the
record thereof, and order admitting it to probate, duly
authenticated, may be filed in any other county in this state
where real estate is thereby affected, with like effect as if
originally filed therein.
HISTORY: RSMo 1939 553, A.L. 1955 p. 385 267
NOTES:
PRIOR REVISIONS: 1929 552; 1919 540
474.382. Wills and trusts, English translation
required, costs
All wills and estates shall have an official English
translation to ensure the accurate execution of such
documents. If no such translation is provided at the time of
probate, the court with jurisdiction shall make such
arrangements as necessary to create an English translation.
The reasonable costs associated with document translation
shall be reimbursed from the estate or trust or both, as
provided in the trust agreement. testamentary document, or
as allocated by the court.
HISTORY: L. 1998 S.B. 583 & 645 5
129
474.390. Contest of foreign will
Any will admitted to probate or recorded under section
474.380 thereafter may be contested and annulled. within the
same time, and in the same manner, as wills executed and
proved in this state.
HISTORY: RSMo 1939 554, A.L. 1955 p. 385 268
NOTES:
PRIOR REVISIONS: 1929 553; 1919 541; 1909 569
474.400. Revocation of wills
No will in writing, except in the cases herein mentioned, nor
any part thereof, shall be revoked, except by a subsequent
will in writing, or by burning, canceling, tearing or obliterating
the same, by the testator, or in his presence, and by his
consent and direction.
HISTORY: RSMo 1939 521, A.L. 1955 p. 385 269
NOTES:
PRIOR REVISIONS: 1929 520; 1919 508; 1909 538
(1961) In proceeding to contest will on ground proposed will had
been revoked by later will, the burden was on the contestants to
show execution of later will and that it either expressly revoked the
proposed will or that its provisions were so inconsistent with the
prior will as to revoke the former will by implication Yates v. Jeans
(A.), 345 S.w.2d 657.
(1974) Subsequent to execution and attestation of will testator
wrote 'nine' over word 'ten' and wrote '9' over figure '10' and
marked through and circled name of one of the distributees of the
remaining nine-tenths of his estate intending to eliminate such
person as a distributee. Court held that effect of alterations would
be to increase portions of other distributees as well as to revoke
share of the distributee whose name was stricken and that such
changes constituted a new and distinct testamentary disposition
which, since not attested, were not legally effective and, applying
doctrine of dependent relative revocation, no revocation was had
and will remained in effect as originally written. Oliver v. Union
National Bank of Springfield (A.), 504 S.w.2d 647.
474.410. Revocation of subsequent will also
revokes first wi/lexception
1. If a second will, which, had it remained effective at
death, would have revoked the first will in whole or in part, is
thereafter revoked by acts under section 474.400, the first
will is revoked in whole or in part, unless it is evident from the
circumstances of the revocation of the second will or from
testator's contemporary or subsequent declarations that he
intended the first will to take effect as executed.
2. If a second will, which, had it remained effective at death,
would have revoked the first will in whole or in part, is
thereafter revoked by a third will, the first will is revoked in
whole or in part, except to the extent it appears from the
terms of the third will that the testator intended the first will to
take effect.
HISTORY: L 1939 525, A.L. 1955 p. 385 270, A.L. 1980 S.B.
637
NOTES:
PRIOR REVISIONS: 1929 524; 1919 513; 1909 543
474.420. Change in circumstances .. divorce
If after making a will the testator is divorced, all provisions
in the will in favor of the testator's spouse so divorced are
thereby revoked but the effect of the revocation shall be the
same as if the divorced spouse had died at the time of the
divorce. With this exception, no written will, nor any part
thereof, can be revoked by any change in the circumstances
or condition of the testator.
HISTORY: L. 1955 p. 385 271
(1961) Where will gave to the surviving spouse such part of his
estate as under the laws of the state his wife would be entitled, she
would receive such part under the will notwithstanding that the
parties had entered into a property settlement the day before the
decedent died contemplating a divorce between them. Crist v.
Nesbit (A.), 352 S.w.2d 53.
(1964) This statute held to have revoked reciprocal wills of
husband and wife which were executed and a divorce obtained prior
to effective date of the statute where part performance on part of
wife of alleged parol agreement to keep wills in force and not revoke
them was insufficient to remove alleged oral agreement from
operation of statute of frauds and the application of this revocation
section. Rookstool v. Neaf (Mo.), 377 S.w.2d 402.
130
474.425. Property given by testator during life
treated as satisfaction of devise, when .. valuation
Property which a testator gave in his lifetime to a person is
treated as a satisfaction of a devise to that person in whole or
in part only if the will provides for deduction of the lifetime
gift, or the testator-declares in a contemporaneous writing
that the gift is to be deducted from the devise or in
satisfaction of the devise, or the devisee acknowledges in
writing that the gift is in satisfaction. For purpose of partial
satisfaction, property given during the testator's lifetime is
valued as of the time the devisee came into possession or
enjoyment of the property or as of the time of death of the
testator, whichever occurs first.
NOTES:
474.430. Court to conform to directions of will
All courts and others concerned in the execution of last
wills shall have due regard to the directions of the will, and
the true intent and meaning of the testator, in all matters
brought before them.
HISTORY: RSMo 1939 568, A.L. 1955 p. 385 272
NOTES:
PRIOR REVISIONS: 1929 567; 1919 555; 1909 583
should die without issue living then to other son for life and at his
death to other son's 'heirs at law' was construed according to
(Mo.), 318 SW2d 234.
(1960) There is a strong presumption against partial intestacy but
where the language used by the testator is plain and unequivocal,
the court cannot give it a different meaning. In re Fowler's Estate
(Mo.), 338 SW2d 44.
(1963) Where testator devised all the remainder of his property,
after debts were paid, to his wife 'she to have complete control and
free will in the management and disposal of same so long as she
may live', the widow received fee simple title to the realty. Shaw v.
Wertz (Mo.), 369 SW2d 215.
(1963) Where testator devised one-sixth of his property to his wife
for life with remainder to testator's 'children and heirs' the words
'children' and 'heirs' were treated as synonymous so that the
children received a vested remainder in the one-sixth interest.
Walters v. Sisler (Mo.), 371 SW.2d 187.
(1964) Where wife bequeathed one-half of her estate to her
husband and failed to specify whether the half was to be determined
on the basis of the gross estate or on the basis of the net or
distributable estate, court held that she intended that charges and
expenses be paid from gross estate and that the bequests be
determined as a percentage of the net of distributable estate
remaining. SI. Louis Union Trust Co. v. Kruger (Mo.), 377 SW.2d
303.
(1967) This section requires that, in determining the true intent
and meaning of testators, courts must first look to the will, but if the
language of the will is determined to be ambiguous they may look to
surrounding facts and circumstances. Seltzer v. Schroeder (A.), 409
S.w.2d 777.
474.435. Class gift terminology includes certain
persons and relationships, how determined
_Halfbloods, adopted persons and persons born out of
wedlock are included in class gift terminology and terms of
131
relationship in accordance with rules for determining
relationships for purposes of intestate succession.
NOTES:
474.440. Bond to convey does not revoke devise
A bond, covenant or agreement made for a valuable
consideration, by a testator, to convey any property devised
or bequeathed in any last will previously made, does not
constitute a revocation of the previous devise or bequest,
either in law or equity; but the property passes by the devise
or bequest, subject to the same remedies on the bond,
covenant or agreement, for specific performance or
otherwise, against the devisees or legatees, as might be had
by law against the heirs of the testator, or his next of kin, if
the same had descended to them.
HISTORY: RSMo 1939 523, A.L. 1955 p. 385 273
NOTES:
PRIOR REVISIONS: 1929 522; 1919 511; 1909 541
474.450. Encumbrance does not revoke devise ..
exoneration, when
1. A charge or encumbrance upon any real or personal
property, for the purpose of securing the payment of money
or the performance of any covenant or agreement, is not
deemed a revocation of any will, relating to the same
property, previously executed.
2. When any property is specifically devised and at the time
of the testator's death is subject to a mortgage, pledge, or
other lien created prior to the execution of the will or created
by a mortgage, pledge, or other lien executed after the
execution of the will as a renewal, or extension, or
refinancing of the debt created prior to the execution of the
will, the devisee shall take the property so devised subject to
the charge or encumbrance unless the will provides
expressly or by necessary implication that such mortgage be
otherwise paid, but if the mortgage, pledge or other lien was
created after the execution of the will the devisee shall take
the property exonerated from the encumbrance unless it
appears from the terms of the loan agreement or from the
circumstances surrounding the loan transaction that the
testator intended that the encumbrance should be paid out of
the encumbered property rather than from his general estate.
HISTORY: RSMo 1939 524, A.L. 1955 p. 385 274
NOTES:
PRIOR REVISIONS: 1929 523; 1919 512; 1909 542
CROSS REFERENCES'. Redemption of encumbered property,
RSMo 473.287, 473.387
474.455. Devisee who does not survive testator
by 120 hours treated as predeceasing testator--
exceptions
A devisee who does not survive the testator by one
hundred twenty hours is treated as if he predeceased the
testator, unless the will of decedent contains some language
dealing explicitly with simultaneous deaths or deaths in a
common disaster, or requiring that the devisee survive the
testator or survive the testator for a stated period in order to
take under the will.
NOTES:
474.460. Testator surviving devisee, effect
W ~ e n any estate is devised to any child, grandchild or
other relative of the testator, and the devisee dies before the
testator, or is treated as if he predeceased the testator,
leaving lineal descendants who survive the testator by one
hundred twenty hours, the descendants shall take the estate,
real or personal, as the devisee would have done if he had
survived the testator by one hundred twenty hours.
HISTORY: RSMo 1939 528. A.L 1955 p. 385 275, A.L. 1980
S.B.637
NOTES:
PRIOR REVISIONS: 1929 527; 1919 516; 1909 546
(1962) Where decedent left his entire estate to his sister and
expressly stated in his will that he did not desire his half-sister to
have any part of his estate, the half-sister would inherit the estate
when the sister who was devised all of the estate died before the
testator. In re Smith's Estate (Mo.), 353 S.w.2d 721.
(1972) The term 'relative' as used in this statute is reserved for
relatives by consanguinity and not by marriage. McComb v. Lyons
(Mo.), 487 S.w.2d 16.
474.463. Exchange of securities not to adeem
specific legacy
An exchange of corporate stock, or of bonds, promissory
notes or other securities, for other stock, bonds, promissory
notes or securities of the same corporation or obligor or its
successor does not adeem a specific legacy of the stock,
bonds, promissory notes or securities, and the devisee is
entitled to those received by the testator in exchange to the
132
extent that they are part of his estate. A change, by a stock
split or like device, in the proportional interest in a corporation
represented by a share of its stock, entitles a devisee of a
specified number of shares to so many shares as are needed
to represent the same proportional interest in the corporation
as the specified number represented when the will was
executed, whether the devise is specific, general or
demonstrative.
HISTORY: L. 1980 S.B. 637, A.L 1981 S.B. 117
NOTES:
474.465. Failure of devise to become part of
residue
1. Except as provided in section 474.460, if a devise, other
than a reSiduary devise, fails for any reason, it becomes a
part of the residue.
2. Except as provided in section 474.460, if the residue is
devised to two or more persons and the share of one of the
residuary devisees fails for any reason, his share passes to
the other reSiduary devisee, or to other residuary devisees in
proportion to their interest in the residue.
NOTES:
474.470. Rule in Shelley's case abolished, effect
Where under a will a remainder is devised which is limited
to the heirs, or heirs of the body of a person to whom a life
estate in the same premises is devised, the persons who on
the termination of the life estate, are the heirs, or heirs of'the
body of the life tenant, are entitled to take as purchasers in
fee simple, by virtue of the remainder so limited in them.
HISTORY: RSMo 1939 563. A.L. 1955 p. 385 276
NOTES:
PRIOR REVISIONS: 1929 562; 1919 555; 1909 578
474.480. Devise deemed to convey fee simple,
when
In all devises of lands or other estate in this state, in which
the words "heirs and assigns", or "heirs and assigns forever",
are omitted, and no expressions are contained in the will
whereby it appears that the devise was intended to convey
an estate for life only, and no further devise is made of the
devised premises, to take effect after the death of the
devisee to whom the same is given, it shall be understood to
be the intention of the testator thereby to devise an absolute
estate in the same, and the devise conveys an estate in fee
simple to the devisee, for all of the devised premises.
HISTORY: RSMo 1939 564, A.L. 1955 p. 385 277
NOTES:
PRIOR REVISIONS: 1929 563; 1919 551; 1909 579
(1957) Where will devised residue absolutely to testator's widow
and then in a subsequent paragraph expressed the 'wish and
desire' that she will the part devised which remained at her death to
his heirs, widow had fee simple estate. Thompson v. Smith (Mo.),
300 S.w.2d 404.
(1959) Devise to mother and sister of testatrix 'as joint tenants
with right of survivorship" held to evidence intention to devise to the
two a joint estate for life with remainder to the survivor, so that
conveyance of one-half of estate by one of the jOint tenants could
not affect the right of survivorship granted to the other. Hunter v.
Hunter (Mo), 320 S.w.2d 529.
(1964) Where testator devised residue of property to wife "the
same shall be her property as long as she remain a single person"
and provided for no gift over in the event wife died without having
remarried, court held that wife received a determinable life estate,
that quoted words were words of limitation and not of condition and
that the gift over in event of remarriage of wife took effect on death
of wife. Buschmeyer v. Eikermann (Mo.), 378 S.w.2d 468.
474.500. Wills of land to be recorded, where
In all cases where lands are devised by last Will, a copy of
such will shall be recorded in the recorder's office in the
county where the land is situated, and if the lands are
situated in different counties, then a copy of such will shall be
recorded in the recorder's office in each county within six
months after probate.
HISTORY: RSMo 1939 549, A.L. 1955 p. 385 286A
NOTES:
PRIOR REVISIONS: 1929 548; 1919 536; 1909 566
CROSS REFERENCES: Recorded will to impart notice, when.
RSMo 490.340
133
474.510. Deposit of will in court in testator's
lifetime
1. A will may be deposited by the person making it, or by
such person's agent, with the probate division of any circuit
court, to be safely kept until delivered or disposed of as
hereinafter provided. The clerk of the court shall receive and
keep the Will, and give a certificate of deposit for it.
2. Every will intended to be deposited shall be sealed in an
appropriate manner approved by the circuit court, en banc,
subject to administrative rules of the supreme court, which
shall have endorsed thereon "Will or, followed by the name
of the testator. The clerk of the court shall endorse thereon
the day when, and the person by whom, it was delivered. The
wrapper may also be endorsed with the name of the person
to whom the will is to be delivered after the death of the
testator. It shall not be opened or read until delivered to a
person entitled to receive it, or otherwise disposed of as
hereinafter provided.
3. During the lifetime of the testator, the will shall be
delivered only to such testator, or to some person authorized
by such testator by an order in writing duly proved by the
oath of a subscribing witness. After the testator's death, the
clerk shall notify the person named in the endorsement on
the wrapper of the will, if there is a person so named, and
deliver it to such person.
4. If the will is not delivered to a person named in the
endorsement on the wrapper, it shall be publicly opened in
the court within thirty days after notice of the testator's death,
and be retained by the court until offered for probate. Notice
shall be given to the executor named therein and to such
other persons as the court may deSignate. If the proper
venue is in another court, the will shall be transmitted to such
court; but before such transmission a true copy thereof shall
be made and retained in the court in which the will was
deposited.
HISTORY: L. 1955 p. 385 280, A.L. 1978 H.B. 1634, A.L. 1996
S.B.869
NOTES:
CROSS REFERENCES: Fees required by probate division for
deposit of will with the court prior to death of testator for
safekeeping, RSMo 488.1010.
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