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

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…

473.687. Foreign personal representative also subject to court's jurisdiction to same extent as decedent prior to death. — In addition to jurisdiction conferred by section 473.685, a foreign personal representative is subject to the jurisdiction of the courts of this state to the…

473.689. Service of process on foreign personal representative, how made. — 1. Service of process may be made upon a foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address. Notice by ordinary first class mail is suf…

473.691. Debtor or custodian may pay or deliver personal property to foreign representative, when. — Any person, firm or corporation upon whom no demand has been made by a personal representative or other person authorized by this state to collect a nonresident decedent's persona…

473.692. Adjudication against any personal representative of estate binding on local personal representative. — An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if h…

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 …