reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.230 - Citation of partner.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 02 Jan 1979, see footnote
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 requiring the surviving partner to appear and show cause why he has not filed an inventory, list of liabilities, or appraisal or why he should not account to the court or file a bond. The citation shall be served not less than ten days before the return day designated therein and shall be served and returned in the manner provided for summons in civil cases. If the surviving partner neglects or refuses to file an inventory, list of liabilities, or appraisal or fails to account to the court or to file a bond, after he has been directed to do so, the court may commit him to jail until he complies with the order of the court. Where the surviving partner fails to file a bond after being ordered to do so by the court, the court may also appoint a receiver of the partnership estate with like powers and duties of receivers in chancery, and order the costs and expenses of the proceedings to be paid out of the partnership estate or out of the estate of decedent, or by the surviving partner personally or partly by each of the parties.
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(L. 1955 p. 385 § 96, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.233 - Inventory and appraisement — classification of property.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 23 May 1996, see footnote
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 the property of the decedent, including exempt property, which comes to his possession or knowledge, a statement of all encumbrances, liens, and other charges on any item, and all other property possessed by decedent at the time of his death. The property shall be classified therein as follows:
(1) Real property, with plat or survey description and the street address or approximate direction and distance from any city or town, and the popular name thereof, if any;
(2) Furniture, household goods, and wearing apparel, but no detailed appraisement or listing of the items thereof is required;
(3) Corporate stocks described by name, number of shares, class of stock;
(4) Mortgages, bonds, notes, and other written evidences of debt, together with interest due thereon, described by name of debtor, recording data, and other identification;
(5) Bank accounts, insurance policies payable to the personal representative, and money;
(6) All other personal property accurately identified, including a statement of the decedent's proportionate share in any partnership and of its net value as shown in the inventory required by section 473.220. No detailed appraisement or listing of the assets of the partnership property is required in the inventory filed by the personal representative;
(7) All property possessed but not owned by the decedent at his death shall be listed in the inventory, but separately from other property, together with a statement as to the knowledge of the personal representative as to its ownership.
2. At any time when it appears necessary, the judge or clerk may authorize the personal representative to employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value, as of the date of the decedent's death, of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The name and address of any appraiser shall be indicated on the inventory with the item or items he appraised.
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(L. 1955 p. 385 § 97, A.L. 1957 p. 829, A.L. 1959 S.B. 141, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1996 S.B. 494 merged with S.B. 869)
Effective 5-23-96 (S.B. 494); 8-28-96 (S.B. 869)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.237 - Affidavit to inventory.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1959
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 the executor or administrator, and of the property in the possession of the decedent at his death, as far as they know, and an appraisement of all the property subject to appraisement. The executor or administrator shall make an additional affidavit stating that he was not in debt or bound in any contract to the decedent at the time of his death, except as stated in the inventory and appraisement. The administrator or executor has power to administer the oaths for the affidavits required by this section and section 473.233.
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(RSMo 1939 § 59, A.L. 1955 p. 385 § 98, A.L. 1957 p. 829, A.L. 1959 S.B. 141)
Prior revisions: 1929 § 59; 1919 § 58; 1909 § 66
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.240 - Additional inventory.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
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.
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(RSMo 1939 § 60, A.L. 1955 p. 385 § 99)
Prior revisions: 1929 § 60; 1919 § 59; 1909 § 67
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.243 - Compensation of appraisers.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
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.
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(L. 1955 p. 385 § 100)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.247 - Debt of executor not discharged.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
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.
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(RSMo 1939 § 101, A.L. 1955 p. 385 § 101)
Prior revisions: 1929 § 101; 1919 § 100; 1909 § 108
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.250 - Debt of administrator, assets.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.250. Debt of administrator, assets. —
All debts due by an administrator to his testator or intestate are considered assets in his hands.
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(RSMo 1939 § 100, A.L. 1955 p. 385 § 102)
Prior revisions: 1929 § 100; 1919 § 99; 1909 § 107
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.253 - Inventory as evidence.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
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.
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(RSMo 1939 § 74, A.L. 1955 p. 385 § 103)
Prior revisions: 1929 § 74; 1919 § 73; 1909 § 81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.260 - Devolution of estate at death.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
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 it is subject to the possession of the executor or administrator and to the election of the surviving spouse and is chargeable with the expenses of administering the estate, the payment of other claims and allowances to the family, except as otherwise provided in this law.
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(L. 1955 p. 385 § 105)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.263 - Possession of assets.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
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. The court, on its own motion or on the motion of any interested person, may order the executor or administrator to take possession of the real estate of the decedent when necessary for the payment of claims or for the preservation thereof. When ordered to take possession of real estate, the executor or administrator shall pay the taxes and collect the rents and earnings thereon until the estate is settled or until delivered by order of the court to the distributees. He may rent the real property of the estate for a period not exceeding one year. He shall keep in tenantable repair the buildings and fixtures under his control and may protect the same by insurance. He may maintain an action for the possession of the real property or to determine the title to the same.
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(L. 1955 p. 385 § 106)
CROSS REFERENCES:
Exempt property and allowances to surviving spouse and children, 474.250 to 474.280
Uniform act for simplification of fiduciary security transfers, Chap. 403
(1962) Administrator was properly refused credit for expenses of operation of deceased's farm where he had not sought or obtained an order from the probate court authorizing him to do so. In re Alexander's Estate (Mo.), 360 S.W.2d 92.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.267 - Assets for payment of claims.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
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 creditors or any of them, and the executor or administrator may recover the property, so far as necessary for the payment of claims, and take such steps as are necessary to recover the same. Property recovered by the executor or administrator constitutes general assets for the payment of all creditors; but no property so transferred shall be taken from anyone who purchased it for a valuable consideration, in good faith and without actual or constructive knowledge of the fraud.
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(L. 1955 p. 385 § 107)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.270 - Collection of debts, prosecution and defense of suits.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
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 are necessary in the course of his administration, and defend all actions brought against him.
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(RSMo 1939 § 94, A.L. 1955 p. 385 § 108)
Prior revisions: 1929 § 94; 1919 § 93; 1909 § 101
CROSS REFERENCES:
Administrator of deceased life tenant to collect rents due deceased, remedy, RSMo 441.160, 441.170
Execution ordered by administrator d.b.n., when, RSMo 513.080
(1956) Administrator was entitled to intervene and recover surplus proceeds arising from mortgage foreclosure sale of his decedent's land, as against purchaser from heir who contended administrator had no right to real estate. Trenton Motor Co. v. Watkins (A.), 291 S.W.2d 659.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.273 - Actions instituted by or against decedent, duties.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
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.
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(RSMo 1939 § 97, A.L. 1955 p. 385 § 109)
Prior revisions: 1929 § 97; 1919 § 96; 1909 § 104
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.277 - Compromise of debts due estate.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
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 of any obligation owing to the estate. If the executor or administrator holds a mortgage, pledge or other lien upon property of another person, he may accept, in lieu of foreclosure, a conveyance or transfer of the encumbered assets from the owner thereof in satisfaction of the indebtedness secured by the lien, if it appears for the best interest of the estate and if the court so orders. In the absence of prior authorization or subsequent approval of the court, no compromise binds the estate.
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(L. 1955 p. 385 § 110)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.280 - Purchase at foreclosure of mortgage held by estate.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
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 administrator or executor of the estate, under the order of the court, may purchase the property at the sale made under the mortgage, deed of trust or other lien, at a price not exceeding the amount due the estate on the note, bond, account or other indebtedness.
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(RSMo 1939 § 95, A.L. 1955 p. 385 § 111)
Prior revisions: 1929 § 95; 1919 § 94; 1909 § 102
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.283 - Title to real estate, how taken on such purchase — how administered.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
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 creditors, heirs or legatees, who would be entitled to the proceeds of the mortgage if the premises had been redeemed; but if it appears to the court that the property is not required for the payment of debts, legacies or family allowances, the court shall direct that the deed be made so as to effect a conveyance to the heirs or devisees of the decedent.
2. Any real estate acquired by an executor or administrator under section 473.277 or 473.280 constitutes assets in his hands, and shall be administered and accounted for as such, and may be leased or sold for the payment of debts in the same manner as any real estate of which the decedent died seized, but the sale thereof shall be made upon the order of the court and upon the petition filed as provided for by law in other cases.
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(RSMo 1939 §§ 95, 96, A.L. 1955 p. 385 § 112)
Prior revisions: 1929 §§ 95, 96; 1919 §§ 94, 95; 1909 §§ 102, 103
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.287 - Encumbered property to be redeemed, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1957
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 order the executor or administrator to redeem the same, in whole or in part, out of other personal assets of the estate, or may order the executor or administrator to sell other real estate or to mortgage or pledge real or personal property of the estate in his hands for the purpose of raising money for such redemption. If there is a will section 473.620 applies with respect to the application or use of the property for the redemption. When not prejudicial to the rights of creditors, the court may order redemption, if it finds:
(1) The property is not specifically devised by a will and redemption will promote the interests of the estate and upon payment of the secured debt the security will become an asset of the estate; or
(2) The will of the decedent, either by express provision or clear implication, shows that the decedent intended that the secured debt, in the event of his death, should be paid out of other assets of his estate and the security exonerated from the lien of the debt; or
(3) From the terms of the loan or mortgage agreement or from the circumstances surrounding the loan or mortgage transaction, that decedent, whether testate or intestate, intended that the debt, in the event of his death, should be paid out of the other assets of the estate and that the security should be thereby exonerated from the lien of the debt.
2. No redemption of property securing an obligation which is not due shall be compelled under this section without the consent of the holder of the secured debt unless a claim is filed thereon or the instrument creating the obligation permits redemption.
3. The court may order all of the right, title and interest of the deceased in the security to be sold for the same purposes and under the same conditions and procedure as is provided in this law for sales of other property of the decedent.
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(L. 1955 p. 385 § 113, A.L. 1957 p. 829)
Prior revisions: 1929 § 139; 1919 § 138; 1909 § 147
CROSS REFERENCE:
Foreclosure of mortgages stayed by death of mortgagor, 443.300
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.290 - Payment of debt of decedent secured by property of another — procedure.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1963
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 another, but is not subject to administration, the indebtedness shall be allowed and paid as other claims against the estate of the decedent unless it appears to the court that (1) the mortgage, pledge or lien was given to secure payment of the purchase price of the encumbered property or of an obligation incurred in connection with the improvement of the property, or (2) the decedent did not actually receive a substantial consideration in the transaction in which the indebtedness arose, or (3) the decedent had exclusive ownership and control of the property during his lifetime and it appears from the loan or mortgage agreement or circumstances surrounding the transaction giving rise to the mortgage, pledge or lien that decedent intended that the security should be exhausted in case of his death before any payment thereon is made from his estate. If the holder of the secured debt does not institute proceedings for the allowance and payment thereof against the estate of the decedent within three months after publication of notice of letters, then before the time for filing of claims expires the owner of any property given as security for an indebtedness under circumstances described in this section may petition the court for such orders as are necessary for the protection of his rights and for the allowance of so much of the indebtedness against the estate as will be sufficient to exonerate the security. Notice of hearing on the petition shall be given to the executor or administrator and to the holder of the indebtedness. After hearing the court may make such order in the premises as may be necessary to preserve the rights of the parties, including, if proper, an allowance of the claim against the estate.
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(L. 1955 p. 385 § 114, A.L. 1963 p. 655)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.293 - Disposition of valueless or encumbered property.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
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 thereof as the court may find to be appropriate, including, where appropriate, the immediate distribution thereof to the heirs or legatees, the abandonment, giving away or destruction thereof, the relinquishment of all interest of the estate therein, or such other disposition as may be appropriate in the circumstances.
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(L. 1955 p. 385 § 115, A.L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.297 - Expenditures for preservation of property.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
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 avoid such loss, destruction, or loss in value until he can obtain consideration of the matter by the court, and on approval of the court such expenditures shall be allowed as expenses of administration. The court may by order authorize such further expenditures to prevent loss, destruction or loss in value as the interest of the estate requires, and shall allow them as expenses of administration.
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(RSMo 1939 §§ 102, 103, A.L. 1955 p. 385 § 116)
Prior revisions: 1929 §§ 102, 103; 1919 §§ 101, 102; 1909 §§ 109, 110
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.300 - Continuation of business of decedent.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
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, the order of the court is subject to the provisions of the will. The order may be with or without notice. If notice is not given to all interested persons before the order is made, the court shall promptly require the giving of notice to such interested persons as have not been previously notified to the effect that such order has been made and that they will have opportunity to show cause why it should not be set aside or modified. The order may provide:
(1) For the conduct of the business solely by the executor or administrator, or as a corporation to be formed by the executor or administrator, or for the participation as a partner by the executor or administrator in a business in which the decedent was a partner, subject to applicable provisions of law and the agreement of the other person or persons continuing such business as partners;
(2) The extent of the liability of the estate, or any part thereof, or of the executor or administrator, for obligations incurred in the continuation of the business;
(3) As to whether liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate set aside for use in the business or to the estate as a whole; and
(4) As to the period of time for which the business may be conducted, and such other conditions, restrictions, regulations and requirements as the court orders.
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(L. 1955 p. 385 § 117)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.303 - Specific execution of contract of decedent — petition.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
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 the contract, or the personal representative of the decedent, may present a verified petition to the court, setting forth the facts and stating that no part of the contract has been satisfied except as set forth, and praying that an order be made that the personal representative execute such contract specifically, by executing a deed for the same.
2. If the other party to the contract with the decedent is his personal representative, the personal representative may proceed against his copersonal representative, if any, in the same manner as prescribed by this law in other cases; but if there is no copersonal representative and he files the petition, the court shall appoint some suitable person as administrator ad litem who has the same powers and shall perform the same duties required of personal representative in such cases by this law.
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(RSMo 1939 §§ 168, 169, 176, A.L. 1955 p. 385 § 118, A.L. 1980 S.B. 637)
Prior revisions: 1929 §§ 169, 170, 177; 1919 §§ 168, 169, 176; 1909 §§ 177, 178, 185
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.307 - Notice — hearing — intervention.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 02 Jan 1979, see footnote
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 the petition, shall be served on the executor or administrator twenty days before the date of the hearing. The court may order notice of the filing of the petition and of the time and place of hearing to be served by registered mail on the interested heirs or devisees whose addresses appear in the court's file and records in the estate. Any interested heir or devisee may appear and intervene, upon written application to intervene filed prior to the time of the hearing.
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(RSMo 1939 § 170, A.L. 1955 p. 385 § 119, A.L. 1957 p. 829, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 171; 1919 § 170; 1909 § 179
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.310 - Specific execution of contract of decedent, court order — warranties — conveyance or lease under will.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1983
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 representative execute and deliver an instrument of conveyance to the person entitled thereto upon performance of the contract.
2. The deed of conveyance shall refer in apt and appropriate terms to the order of court under which it is made, shall convey the property according to the order and shall be acknowledged by the personal representative. If the contract for a conveyance requires the giving of warranties, the deed to be given by the personal representative shall contain the warranties required. Such warranties shall be binding on the estate as though made by the decedent but shall not bind the personal representative personally.
3. If a personal representative has been given power by will to make a conveyance or lease, he may execute, in lieu of the foregoing procedure, and without order of the court, a conveyance or lease to the person entitled thereto upon performance of the contract.
4. The deed made under this section is as effectual as if it had been executed by the decedent.
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(RSMo 1939 §§ 171, 172, 173, A.L. 1955 p. 385 § 120, A.L. 1980 S.B. 637, A.L. 1983 H.B. 369)
Prior revisions: 1929 §§ 172, 173, 174; 1919 §§ 171, 172, 173; 1909 §§ 180, 181, 182
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.313 - Action for specific performance — proceedings in probate division of circuit court.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 02 Jan 1979, see footnote
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.
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(L. 1955 p. 385 § 120, A.L. 1957 p. 829, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.317 - Completion of contracts to purchase property — exercise of options.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
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 the same findings and conditions as are required by section 473.287 for the redemption of security for the decedent's debt. The court may, after notice to interested parties, order relinquishment, compromise or transfer of all such rights, title, and interest of the decedent in the property on such terms as the court finds to be for the benefit of the estate. This section shall not be construed to restrict any rights of the seller of the property.
2. If any person dies owning an option to purchase real or personal property, and it is to the advantage of the estate and will not be prejudicial to creditors or to specific devisees that such option be exercised, the court may by order authorize the exercise of the option by the executor or administrator and the payment by the executor or administrator of the purchase price.
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(L. 1955 p. 385 § 121)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.320 - Interest may be sold, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
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 interest of the decedent therein, including all right of the decedent to any option to purchase the real or personal property.
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(RSMo 1939 § 134, A.L. 1955 p. 385 § 122)
Prior revisions: 1929 § 135; 1919 § 134; 1909 § 143
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.323 - Interest relinquished to vendor, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
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 the same relinquished to such person on the best terms that can be agreed upon.
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(RSMo 1939 § 135, A.L. 1955 p. 385 § 123)
Prior revisions: 1929 § 136; 1919 § 135; 1909 § 144
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.327 - Procedure in case of sale of school lands.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
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 the relinquishment and surrender the obligation of the decedent.
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(RSMo 1939 § 136, A.L. 1955 p. 385 § 124)
Prior revisions: 1929 § 137; 1919 § 136; 1909 § 145
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.330 - Conveyances, how made — procedure.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
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 or administrator may make the relinquishments by deed or may convey to the purchaser all the right, title and interest the testator or intestate had in and to the real estate at the time of his death. Before any relinquishment or sale referred to in this section is ordered by the court, the executor or administrator shall proceed on petition and notice the same as is required by this law for proceedings to sell real estate to pay debts for other purposes.
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(RSMo 1939 § 137, A.L. 1955 p. 385 § 125)
Prior revisions: 1929 § 138; 1919 § 137; 1909 § 146
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.333 - Investment of liquid assets.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 2009, 2 histories
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 received from the sale of other assets, other than funds needed to meet debts and expenses currently payable, in accordance with the provisions of the Missouri prudent investor act, sections 469.900 to 469.913, subject to the following exceptions:
(1) Investment of any part or all of the liquid assets:
(a) In direct obligation of or obligations unconditionally guaranteed as to principal and interest by the United States; or
(b) In interest-bearing accounts and time deposits, including time certificates of deposit, in financial institutions to the extent the account or deposits are insured by the Federal Deposit Insurance Corporation, shall constitute prudent investments;
(2) If the personal representative determines it appropriate to delegate investment and management functions to an agent as provided in section 469.909, the agent to whom the delegation is made shall acknowledge in a writing delivered to the personal representative that the agent is acting as an investment fiduciary on the account.
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(RSMo 1939 § 104, A.L. 1955 p. 385 § 126, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision, A.L. 1998 H.B. 1571, A.L. 2006 S.B. 892, A.L. 2009 H.B. 239)
Prior revisions: 1929 § 104; 1919 § 103; 1909 § 111
CROSS REFERENCE:
Multinational banks, securities and obligations of, investment in, when, 409.950
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.337 - Bank deposits.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1957
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 demand, time or savings deposit.
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(L. 1955 p. 385 § 127, A.L. 1957 p. 829)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.363 - Suits pending at decedent's death deemed duly filed, when — personal representative to list pending actions — period of nonclaim not affected.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
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, is considered a claim duly filed against his estate from the time substitution of the personal representative for the deceased defendant, or motion therefor, is made and written notice thereof is filed in the probate division.
2. Within ninety days after the appointment of a personal representative, he shall file with the probate division a verified statement of all actions, known to him, pending against his decedent at decedent's death. Within this ninety-day period, the personal representative of a decedent against whom any action, known to the personal representative was pending at the date of death, shall notify in writing all adverse parties to the action or their attorneys of record therein, if any, and the clerk of the court in which the action was pending, stating the date of decedent's death, the name of the court which granted letters testamentary or of administration, the name and address of the person or persons to whom the letters were granted, the number of the estate, and the date of the first publication of notice of granting the letters testamentary or of administration. Nothing herein contained, however, shall be construed as extending, suspending, or in any other way affecting the period of nonclaim provided by section 473.360. In the case of the corporate personal representative, the corporation shall be chargeable with the knowledge of the individual or individuals conducting the administration of the estate. In the case of multiple personal representatives, a personal representative having no knowledge of the pendency of a suit against the decedent shall not be chargeable with the knowledge of a copersonal representative. No personal representative shall have any liability for failing to give notice.
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(RSMo 1939 § 183, A.L. 1955 p. 385 § 140, A.L. 1959 S.B. 305, A.L. 1967 p. 642, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 184; 1919 § 183; 1909 § 192
Effective 1-01-81
(1961) Personal injury action which survived after death of defendant occurring six months before the amendment of the nonclaim statutes did not abate where plaintiff failed to comply with the original statutes but complied with the statutes as amended. Rabin v. Krogsdale (Mo.), 346 S.W.2d 58.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.367 - Actions commenced after decedent's death deemed filed, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
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 representative, and the filing of a written notice in the probate division of the institution of such action within the time prescribed in section 473.360.
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(RSMo 1939 § 184, A.L. 1955 p. 385 § 141, A.L. 1959 S.B. 305, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 185; 1919 § 184; 1909 § 193
Effective 1-01-81
(1962) Actions against administrator of estate for personal injuries were barred where actions had been barred under nonclaim statute prior to statute's amendment since amendment did not extend new privileges granted therein to bringing of new actions which had been extinguished prior to effective date of amendment. State ex rel. Whitaker v. Hall (Mo.) 358 S.W.2d 845. Potts v. Vadnais (Mo.), 362 S.W.2d 543.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.370 - Establishment of claim by judgment — judgment deemed filed, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
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 in the probate division.
2. Except where notice of revival of an action or of institution of an action is filed as required by section 473.363 or 473.367, any judgment or decree is deemed filed within the meaning of section 473.360 as of the time a copy of the judgment or decree is filed in the probate division as required by this section.
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(RSMo 1939 § 188, A.L. 1955 p. 385 § 142, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 189; 1919 § 188; 1909 § 197
Effective 1-01-81