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

473.694. Effect of law on reciprocal corporate fiduciaries law. — Nothing in sections 473.668 to 473.694 authorizes any "foreign corporation", as the term is defined in section 362.600, to act in any fiduciary capacity except as such foreign corporation is expressly permitted so …

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 s…

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 husb…

473.703. Publication of finding — time 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 newspape…

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 entitl…

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 receip…

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 s…

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 i…

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. ­­--------…

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. — 1. Every county in this state, except the C…

473.733. Certificate and oath — bond, how sued on. — The public administrator's certificate of election, if applicable, 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 pe…

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 or appointed, as now or as hereafter provided …

473.739. Compensation for attendance at training session, certain public administrators, expenses shall be reimbursed, when (certain counties of the first classification). — 1. Each public administrator in counties of the first classification without a charter form of government …

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. — 1. In all first classification counties not having a charter form of government and containing a portio…

473.741. County governing body may authorize additional compensation, when — maximum allowed — 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 coun…

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 St. Louis …

473.743. Duty of public administrator to take charge of estates, when. — Upon appointment by the probate court, it shall be the duty of the public administrator to take into his or her charge and custody the estates of all deceased persons, and the estates of all minors, and the …

473.748. Unenforceability of certain contract provisions requiring a public administrator to be personally responsible for debt or account of a ward or protectee. — 1. As used in this section, the terms conservator, guardian, protectee, and ward shall have the same definitions as…

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 up…

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 admini…

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 poss…

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 cu…

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,…

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 …

473.770. Deputies, appointment, tenure, compensation, powers (first classification counties) — delegation of duties, certain counties. — 1. Whenever, in the judgment of any public administrator in any county of the first class, it is necessary for the proper and efficient conduct…

473.771. Deputies, appointment in all counties but counties of the first classification — tenure — compensation — powers — delegation to deputies. — 1. Whenever, in the judgment of any public administrator in any county which is not a county of the first classification, it is nec…

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 loss occasioned by any wrong…

473.775. Staff to be deemed county employees — full-time staff may be provided for certain administrators. — 1. Any full-time 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, …

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 …

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 pe…

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 …

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 pr…

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 dec…

473.800. Supplementary inventory, when required — copies 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 tha…

473.803. Independent personal representative's right to decedent's property — exceptions — 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, exce…

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 …

473.811. Dealing in good faith for value with independent representative protected — no duty to inquire — 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 independe…

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 reve…

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 f…

473.827. Review of compensation of independent personal representative and of employment and compensation of others, when — refunds, when. — On petition of an interested person, and after notice to all interested persons, the propriety of employment of any person by an independen…

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 performing specified acts …

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 authorizi…

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 or…

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…

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 s…

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 re…