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

473.277. Compromise of debts due estate. — When it appears for the best interest of the estate, the executor or administrator, on order of the court, may effect a fair and reasonable compromise with any debtor or other obligor, or extend, renew or in any manner modify the terms o…

473.280. Purchase at foreclosure of mortgage held by estate. — Whenever any note, bond, account, or other indebtedness belonging to the estate of any decedent is secured by mortgage, deed of trust, vendor's lien or other lien on any property, and the same is due and unpaid, the a…

473.283. Title to real estate, how taken on such purchase — how administered. — 1. Where real estate is acquired under either section 473.277 or 473.280, the conveyance thereof shall be made to the executor or administrator who holds it in trust for the same persons, whether cred…

473.287. Encumbered property to be redeemed, when. — 1. If any person dies leaving real or personal property encumbered by mortgage, deed of trust, pledge, or other lien, or owning any equity of redemption, the court, in accordance with the provisions of this subsection, may orde…

473.290. Payment of debt of decedent secured by property of another — procedure. — When any indebtedness of a decedent is secured by mortgage, pledge or other lien on property which is owned by another or which, on the death of the decedent, becomes the exclusive property of anot…

473.293. Disposition of valueless or encumbered property. — When any personal or real property is valueless, or is so encumbered, or is in such condition that it is of no benefit to the estate, the court may by order authorize the personal representative to make such disposition …

473.297. Expenditures for preservation of property. — When any property of an estate is in such condition as to be in imminent danger of loss or destruction or loss in value, the executor or administrator may make such expenditures as are reasonably and prudently required to avoi…

473.300. Continuation of business of decedent. — Upon a showing of advantage to the estate, the court may authorize the executor or administrator to continue any business of the decedent for the benefit of the estate; but if the decedent died testate and his estate is solvent, th…

473.303. Specific execution of contract of decedent — petition. — 1. If a decedent entered into a contract, specifically enforceable in equity, and did not execute the same in his lifetime, nor give power by will to execute the same, the other party, wishing specific execution of…

473.307. Notice — hearing — intervention. — Upon the filing of a petition for specific execution of the contract, the court shall fix the time and place for hearing thereon. Notice of the filing of the petition and of the time and place of hearing thereon, together with a copy of…

473.310. Specific execution of contract of decedent, court order — warranties — conveyance or lease under will. — 1. If the court, after hearing all parties, believes that specific execution of such contract ought to be made, it shall make an order that the personal representativ…

473.313. Action for specific performance — proceedings in probate division of circuit court. — A party entitled to specific execution of a contract for the conveyance of real estate shall proceed in the probate division of the circuit court under sections 473.303 and 473.307. ­­-…

473.317. Completion of contracts to purchase property — exercise of options. — 1. If any person dies having purchased real or personal property, and has not completed the payment therefor, nor provided for its payment by will, the court may order the completion of payment upon th…

473.320. Interest may be sold, when. — If the court believes that, after payment of claims, there will not be sufficient assets to pay for the real or personal property referred to in section 473.317, it may order the executor or administrator to sell all the right, title and int…

473.323. Interest relinquished to vendor, when. — If the real or personal property referred to in section 473.317 has been purchased from any person, or if an option for its purchase has been obtained from any person, the court, if considered advantageous to the estate, may order…

473.327. Procedure in case of sale of school lands. — If any real estate referred to in subsection 1 of section 473.317 has been purchased from any officer authorized by law to sell school lands, the court may order the same relinquished; and in such cases the officers may accept…

473.330. Conveyances, how made — procedure. — In all cases of relinquishment of the interest of a decedent in real estate under sections 473.323 and 473.327 and in all cases of the sale of the interest of a decedent in real estate under sections 473.287 and 473.320, the executor …

473.333. Investment of liquid assets. — Except as restricted or otherwise provided by the will of the decedent, on or after August 28, 2009, the personal representative shall, without authorization or approval of the court, invest liquid assets of the estate, including funds rece…

473.337. Bank deposits. — Whenever it is consistent with proper administration of the estate, the executor or administrator may, without an order of court, deposit, as a fiduciary, the funds of the estate in a banking institution in this state as a general deposit and either as a…

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…

610.105. Effect of nolle pros — dismissal — sentence suspended on record — not guilty due to mental disease or defect, effect — official records available to victim in certain cases. — All claims and statutory allowances against the estate of a decedent shall be divided into the …

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…

[Repealed or reserved.]

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…