Title XXXI, TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

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 verif…

473.360. Limitations on filing of claims — when 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 Un…

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…

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 represent…

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 i…

473.380. Claims, form and verification — claim to be established by 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 sign…

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 upo…

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 …

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 …

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…

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) Fun…

473.398. Recovery of public assistance funds from recipient's estate, when authorized — procedure — exceptions. — 1. Upon the death of a person, who has been a participant of aid, assistance, care, services, or who has had moneys expended on his behalf by the department of health…

473.399. Definitions — obligation to repay assistance, claim against estate, when — defenses, setoff — 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 s…

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 co…

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. ­­-------- (RSMo 1939 § 191, …

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 m…

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 …

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…

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 co…

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.…

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 pu…

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 convey or transfer the assets to the creditor in…

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 r…

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…

473.444. Limitations on filing claims — when 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 State…

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 ac…

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…

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, unles…

473.467. Reservation of property under direction of will — specific 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 t…

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 c…

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…

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. ­­-------- (RSMo 1939 § 1…

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 orde…

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 c…

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…

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 c…

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 prop…

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 o…

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 sal…

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 distan…

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 cou…

473.513. Report of sale — objections — approval. — 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 co…

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, m…

473.520. Conveyance executed, contents — effect. — 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…

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 …

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 t…