Missouri Revised Statutes

Chapter 473
Probate Code--Administration of Decedents' Estates

(View Entire Chapter)

August 28, 2013
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Sections:
473.010. Venue.
473.013. Character of proceeding--jurisdiction of court.
473.017. Application for letters--content.
473.020. If no application filed, others may request administration or
probate--petition, form, contents--hearing, notice, orders.
473.023. Court or clerk to grant letters.
473.030. Request for special notice of hearings.
473.033. Notice of letters--duty of clerk--publication--form.
473.037. Successor need not publish notice, when.
473.040. Notice where there are no known heirs.
473.043. Will of decedent, where delivered--wills found in safe deposit boxes,
how delivered--refusal to deliver, how handled.
473.047. Certificate of probate or rejection.
473.050. Wills, presentment for probate, time limited--presented, defined.
473.053. Testimony of subscribing witnesses, other evidence.
473.057. Commission for testimony of nonattendant witness.
473.060. Testimony before officer, effect.
473.063. Testimony to be recorded--record as evidence.
473.065. Probate of will, when--procedure for contest.
473.067. Proof of nuncupative wills.
473.070. Heirs, time limits to establish interest in estate--posthumous heirs
in gestation, mother has right to file action--time limitations.
473.073. Proof required for probate and grant of administration.
473.077. Proceedings reopened, when.
473.080. Certificate of probate, contents--evidence.
473.081. Probate of portion of will.
473.083. Will binding, when--contest of will, when, procedure.
473.084. Compromise of controversy as to probate, when binding.
473.085. Court approval of compromise, procedure for securing.
473.087. Will not effective until probated.
473.090. Refusal of letters.
473.091. Clerk's duties as to certain forms--not practice of law.
473.092. Court may order administration previously commenced pursuant to
guardianship law, dispensed with, when.
473.095. Apportionment of property between surviving spouse and children.
473.097. Small estate--distribution of assets without letters,
when--affidavit--procedure--fee.
473.100. Effect of acquittances by distributees of small estate.
473.107. Small estate appraised, when.
473.110. Persons entitled to letters.
473.113. Letters granted to others, when.
473.117. Persons and corporations disqualified as personal
representative--designation required--service of process, how
made.
473.120. Form of letters testamentary.
473.123. Form of letters of administration.
473.127. Letters c.t.a. and d.b.n., form.
473.130. Letters or copies, evidence.
473.133. Administrator during minority or absence.
473.137. Administrator pending contest, appointed when--duties.
473.139. Resignation by executor or administrator, procedure, effect.
473.140. Removal of personal representative.
473.143. Revocation of letters on finding will.
473.147. Administrator d.b.n., when appointed.
473.150. Remaining executor or administrator to continue.
473.153. Compensation of personal representatives, accountants and attorneys.
473.155. Compensation of accountants and attorneys (first class counties and
St. Louis City).
473.157. Bond of personal representative--conditions of bond.
473.160. Bond not required, when.
473.163. Agreements with surety as to deposit of assets.
473.167. Execution of bond.
473.170. Obligees of bond--liability of surety.
473.173. Bond of joint executors or administrators.
473.177. Affidavit of personal sureties.
473.180. Persons not acceptable as sureties.
473.183. Approval of bond.
473.187. Bond valid though rejected.
473.190. Sufficiency of bond to be shown on settlements.
473.193. Inquiry into condition of sureties--order for new bond.
473.197. Court may require, increase or decrease bond, when.
473.200. Letters revoked on failure to give bond.
473.203. Effect of new bond.
473.207. Execution of bond deemed appearance by surety--procedure on breach of
obligation of bond.
473.210. Successor may sue on bond.
473.213. Limitations on suits.
473.217. Action on bond generally.
473.220. Inventory and appraisement.
473.223. Settlement.
473.227. Security.
473.230. Citation of partner.
473.233. Inventory and appraisement--classification of property.
473.237. Affidavit to inventory.
473.240. Additional inventory.
473.243. Compensation of appraisers.
473.247. Debt of executor not discharged.
473.250. Debt of administrator, assets.
473.253. Inventory as evidence.
473.260. Devolution of estate at death.
473.263. Possession of assets.
473.267. Assets for payment of claims.
473.270. Collection of debts, prosecution and defense of suits.
473.273. Actions instituted by or against decedent, duties.
473.277. Compromise of debts due estate.
473.280. Purchase at foreclosure of mortgage held by estate.
473.283. Title to real estate, how taken on such purchase--how administered.
473.287. Encumbered property to be redeemed, when.
473.290. Payment of debt of decedent secured by property of another--procedure.
473.293. Disposition of valueless or encumbered property.
473.297. Expenditures for preservation of property.
473.300. Continuation of business of decedent.
473.303. Specific execution of contract of decedent--petition.
473.307. Notice--hearing--intervention.
473.310. Specific execution of contract of decedent, court
order--warranties--conveyance or lease under will.
473.313. Action for specific performance--proceedings in probate division of
circuit court.
473.317. Completion of contracts to purchase property--exercise of options.
473.320. Interest may be sold, when.
473.323. Interest relinquished to vendor, when.
473.327. Procedure in case of sale of school lands.
473.330. Conveyances, how made--procedure.
473.333. Investment of liquid assets.
473.337. Bank deposits.
473.340. Discovery of assets, procedure for.
473.360. Limitations on filing of claims--when claims barred.
473.363. Suits pending at decedent's death deemed duly filed, when--personal
representative to list pending actions--period of nonclaim not
affected.
473.367. Actions commenced after decedent's death deemed filed, when.
473.370. Establishment of claim by judgment--judgment deemed filed, when.
473.380. Claims, form and verification--claim to be established by evidence.
473.383. Claims not due, proceedings.
473.387. Secured claims--surrender of security--payment.
473.390. Contingent claims.
473.393. Collection of contingent claims from
distributees--limitations--contribution.
473.397. Classification of claims and statutory allowances.
473.398. Recovery of public assistance funds from recipient's estate, when
authorized--procedure--exceptions.
473.399. Definitions--obligation to repay assistance, claim against estate,
when--defenses, setoff--exceptions.
473.403. Allowance of claims--court's duties--allowance by personal
representative.
473.407. Defenses against claims.
473.410. Offsets or counterclaims--personal representative to list--how
asserted--procedure--judgment.
473.413. Hearing and disposition of claims--notice.
473.423. Claim of personal representative--how established--procedure--fee.
473.427. Compromise of claims against estate.
473.430. Payments of claims and statutory allowances in order of
classification--proportional payment--priority.
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.
473.437. Extension or renewal of encumbrances of assets.
473.440. Enforcement of judgment, attachment or execution liens which attached
prior to decedent's death.
473.443. Proceedings where real estate has been sold under junior judgment.
473.444. Limitations on filing claims--when claims barred.
473.457. Sale of property under power in will.
473.460. Purposes for which property may be sold, mortgaged, leased or
exchanged.
473.463. No known heirs, property to be sold.
473.467. Reservation of property under direction of will--specific devises
reserved.
473.470. Heirs may give bond and prevent sale.
473.473. Terms of sale.
473.477. Executor or administrator not to purchase, exception.
473.480. Validity of proceedings.
473.483. Sales of perishable property.
473.487. Sale, mortgage or lease of personal property.
473.490. Sale of real estate on court's motion, when.
473.493. Petition to sell, mortgage or lease real estate--notice--order.
473.497. Creditor or other person may file petition, when.
473.500. Order for sale, mortgage or lease of property,
content--duration--reappraisal, when.
473.507. Notice of public sale of real estate.
473.510. Public sale of real estate, where made, adjournment.
473.513. Report of sale--objections--approval.
473.517. New sale ordered, when.
473.520. Conveyance executed, contents--effect.
473.523. Execution of conveyance or lease where personal representative
resigns, dies or has letter revoked.
473.527. Taxes not liens in hands of transferee.
473.530. Brokers', abstracting, and auctioneers' fees.
473.533. Platting of real estate.
473.537. Exchange of property.
473.540. Settlements required, when.
473.543. Settlements, contents--vouchers for disbursement--evidence, checks and
drafts.
473.550. Interest to be accounted for.
473.553. Settlement docket, contents.
473.557. Notice of time for settlement.
473.560. Failure to file settlement, citation.
473.563. Settlement after citation, penalty.
473.567. Failure to settle after citation, letters revoked.
473.570. Settlement, payment of claims--apportionment where assets
insufficient.
473.573. Creditor may have execution, when.
473.577. Scire facias against sureties, when.
473.580. Proceedings on scire facias.
473.583. Petition for final settlement and distribution.
473.587. Notice of final settlement.
473.590. Objections to settlement, when filed--form--hearing--approval.
473.593. Credit for uncollectible debts shown in inventory.
473.597. Conclusiveness of order approving final settlement.
473.600. Accounting for assets received and disbursed after final settlement.
473.603. Settlement on death, resignation, or removal of personal
representative.
473.607. Proceedings to compel settlement--judgment, enforcement.
473.610. Distribution, when required.
473.613. Partial distribution.
473.617. Decree of final distribution.
473.618. Notice to judgment creditors of distribution--contents of request.
473.620. Order in which assets are appropriated--abatement.
473.623. Contribution between devisees.
473.627. Advancements to be determined.
473.630. Right of retainer.
473.633. Interest on general legacies.
473.637. Distributees to refund, when--judgment.
473.640. Partition of personal property in kind.
473.643. Property sold to effect partition, when.
473.647. Notice of application for partition.
473.650. Distributee may credit share against purchase price, when.
473.653. Proceedings to compel distribution.
473.657. Distribution.
473.660. Discharge of personal representative.
473.663. No administration within one year after death and no will probated,
interested party may petition--contents of petition--notice.
473.665. Definitions.
473.668. Administration of estate of nonresident decedent as original
proceeding.
473.671. Jurisdiction of property--situs of intangibles.
473.675. Applicability of law to estate of nonresident decedent--exceptions.
473.676. Filing of copy of appointment of domiciliary foreign personal
representative, when.
473.677. Domiciliary foreign personal representative, powers, duties and
obligations.
473.678. Power of domiciliary foreign personal representative, when
executed--termination of powers--substitution of local personal
representative, when.
473.682. Priority of personal representative appointed by court of decedent's
domicile--exceptions.
473.685. Foreign personal representative subject to jurisdiction of courts of
state, when.
473.687. Foreign personal representative also subject to court's jurisdiction
to same extent as decedent prior to death.
473.689. Service of process on foreign personal representative, how made.
473.691. Debtor or custodian may pay or deliver personal property to foreign
representative, when.
473.692. Adjudication against any personal representative of estate binding on
local personal representative.
473.694. Effect of law on reciprocal corporate fiduciaries law.
473.697. Letters of administration for persons absent for five or more
years--application--notice--hearing.
473.700. Who may testify.
473.703. Publication of finding--time for rebuttal.
473.707. Issuance of letters, when.
473.710. Revocation of letters, when--effect--procedure.
473.713. Distributees to give bond before receiving estate.
473.717. Supposed decedent substituted for administrator, when--effect on
actions, judgments.
473.720. Payment of costs.
473.730. Public administrators--qualifications--election--oath--bond--public
administrator deemed public office, duties--salaried public
administrators deemed county officials--City of St. Louis,
appointments of administrators.
473.733. Certificate and oath--bond, how sued on.
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.
473.739. Compensation for attendance at training session, certain public
administrators, expenses shall be reimbursed, when (certain
counties of the first classification).
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.
473.741. County governing body may authorize additional compensation,
when--maximum allowed--additional compensation to terminate, when
(certain first class counties).
473.742. Salary schedule for public administrators, certain
counties--administrator to choose salary or fee
collection--certain administrators may join LAGERS.
473.743. Duty of public administrator to take charge of estates, when.
473.747. Public administrator shall be ex officio public conservator.
473.748. Unenforceability of certain contract provisions requiring a public
administrator to be personally responsible for debt or account of
a ward or protectee.
473.750. Powers and duties under administration law.
473.753. Notice of administration, when and how given--penalty for failure.
473.757. Civil officers to inform public administrator as to property, when.
473.760. Shall prosecute necessary suits.
473.763. Court may order public administrator to account to successor, when.
473.767. Public administrator, duties after expiration of term--duties prior
to expiration of term, certain counties.
473.770. Deputies, appointment, tenure, compensation, powers (first
classification counties)--delegation of duties, certain counties.
473.771. Deputies, appointment in all counties but counties of the first
classification--tenure--compensation--powers--delegation to deputies.
473.773. Public administrator and sureties liable for acts of deputies.
473.775. Staff to be deemed county employees--full-time staff may be provided
for certain administrators.
473.780. Independent administration, when.
473.783. Notice of independent administration, contents.
473.787. Duties of personal representative in independent
administration--attorney required, when.
473.793. Inventory of property by independent personal representative.
473.797. Independent personal representative may employ appraisers, attorney,
accountant or tax specialist.
473.800. Supplementary inventory, when required--copies to interested persons.
473.803. Independent personal representative's right to decedent's
property--exceptions--duties.
473.810. Powers and duties of independent personal representative.
473.811. Dealing in good faith for value with independent representative
protected--no duty to inquire--liability of independent personal
representative.
473.820. Liability of personal representative.
473.823. Compensation of independent personal representative and attorney.
473.827. Review of compensation of independent personal representative and of
employment and compensation of others, when--refunds, when.
473.830. Court may restrain personal representative,
when--petition--hearing--procedure.
473.833. Revocation of independent administration,
when--petition--hearing--orders of court.
473.837. Settlement of estate, when--notice--distribution.
473.840. Completion of administration--discharge of independent personal
representative, when--procedures--objections, time limitation,
procedure.
473.843. Time for complete settlement or filing of statement of
account--extension.
473.844. Distribution in kind--deeds, evidentiary effect--improper
distribution, liability of distributee, exceptions.
473.845. Interest of purchaser for value from, or lender to, distributee of
property protected.

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