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

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 a…

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…

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 au…

473.540. Settlements required, when. — 1. Every personal representative shall file in the court a statement of his accounts with proper vouchers, for settlement at the following times, unless the court otherwise orders: (1) Annually on the anniversary date of the date of letters …

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 collected by …

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…

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. ­­-------- (RSMo 1939 § 214, A.L. 1955 p. 385 …

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 excus…

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 …

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…

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 show cause why settlement should be continued, the court, in addition to the fine p…

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…

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 ha…

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 any one or more of the sureties of the executor or administrator, referring to the bond, the order of payment, the execution and r…

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 e…

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 co…

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 prov…

473.590. Objections to settlement, when filed — form — hearing — approval. — 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. T…

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…

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…

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 e…

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…

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 an…

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. ­­-----…

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 a…

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 di…

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 wi…

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,…

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, …

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 amou…

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 prop…

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…

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 lega…

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, disinterest…

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 entit…

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. ­­-------- (RSMo 1939 § 241, A.L. 1955 p. 385 § 226, A.L. 1980 S.B. …

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 mon…

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…

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…

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 fr…

473.663. No administration within one year after death and no will probated, interested party may petition — contents 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 esta…

473.665. Definitions. — 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 repres…

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 origina…

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 co…

473.675. Applicability of law to estate of nonresident decedent — exceptions. — 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 ill…

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 …

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 act…

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 the…

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 …

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…