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

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. ­­-------- (RSMo 1939 § 9, A.L. 1955 p. 385 § 61, A.L. 1980…

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 full-time judge of any court of this state or clerk, deputy …

473.120. Form of letters testamentary. — Letters testamentary issued to executors may be in the following form: ­ ­ ­­-------- (RSMo 1939 § 37, A.L. 1955 p. 385 § 63, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 37; 1919 § 36; 1909 § 44 Effective 1-02-79

473.123. Form of letters of administration. — Letters of administration issued in this state may be in the following form: ­ ­ ­­-------- (RSMo 1939 § 38, A.L. 1955 p. 385 § 64, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 38; 1919 § 37; 1909 § 45 Effective 1-02-79

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 …

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. ­­-------- (RSMo 1939 § 36, A.L. 1955 p. 385 § 66) 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 t…

473.137. Administrator pending contest, appointed when — duties. — 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 ex…

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 t…

473.140. Removal of personal representative. — If any personal 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 fail…

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,…

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 …

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, ex…

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…

473.155. Compensation of accountants and attorneys (first class counties and St. Louis City). — 1. In all counties of the first class and St. Louis City, other provisions of law notwithstanding, attorneys performing services for the estate at the instance of the personal represen…

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 t…

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 discre…

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 s…

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…

473.170. Obligees of bond — liability 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 severall…

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 …

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…

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. ­­-------- (RSMo 1939 § 21, A.L. 1955 p. 385 § 81) Prior revisions: 192…

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 c…

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. ­­-------- (RSMo 1939 § 26, A.L. 1955 p. 385 § 83) Prior revisions: 1929 § 26; 1919 § 25; 1909 § 33

[Repealed or reserved.]

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 …

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 i…

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. ­­-------- (RSMo 1939 §§ 31, 32, A.L. 1955 p. 385 § 87) Prior revisions: 1929 §§ 31…

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…

473.207. Execution of bond deemed appearance by surety — procedure 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…

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…

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. ­­-------- (L. 1955 p. 385 § 91, A.L. 1996 S.B. 494) Effective 5-23-96 (1963) In suit for accounting …

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 dama…

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 partnership in the probate division in which letters are issued on t…

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 payab…

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 a…

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 r…

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 written instrument, of all of…

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 th…

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. …

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. ­­-------- (L. 1955 p. 385…

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. ­­-------- (RSMo 1939 § 101, A.L. 1955 p. 385 § 101) Prior revisions: 1929 § 101; 1919 …

473.250. Debt of administrator, assets. — All debts due by an administrator to his testator or intestate are considered assets in his hands. ­­-------- (RSMo 1939 § 100, A.L. 1955 p. 385 § 102) 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. ­­-------- (RSMo 1939 § 74, A.L. 1955 p. 385 § 103) Prio…

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 i…

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.…

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 cr…

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 …

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. ­­-------- (RSMo 1939 § 9…