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2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.190 - Investment of liquid assets of estate of protectee — reports.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2010, 3 histories
475.190. Investment of liquid assets of estate of protectee — reports. —
1. On or after August 28, 2009, the conservator shall invest liquid assets of the estate of the protectee, 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 or the National Credit Union Share Insurance Fund, shall constitute prudent investments;
(2) If the conservator 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 conservator that the agent is acting as an investment fiduciary on the account.
2. Every conservator shall make a report at every annual settlement of the disposition made by the conservator of the money belonging to the protectee entrusted to the conservator. If it appears that the money is invested in securities, then the conservator shall report a detailed description of the securities and shall describe any real estate security and state where it is situated, and its value, which report shall be filed in the court. The court shall carefully examine into the report as soon as made, and, if in the opinion of the court the security is insufficient, the court shall make such orders as are necessary to protect the interest of the protectee. The conservator and the conservator's sureties are liable on their bond for any omission to comply with the orders of the court. If the money has not been invested as authorized by law the conservator shall state that fact and the reasons, and shall state that the conservator has been unable to make an investment after diligent effort to do so.
3. If any conservator refuses or neglects to make the report at the time aforesaid, or makes a false report thereof, the conservator and the conservator's sureties are liable on their bond for all loss or damage to the protectee occasioned by reason of the conservator's neglect or refusal so to report, or by making a false report, and the conservator may, on account thereof, be removed from the conservator's trust in the discretion of the court.
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(L. 1955 p. 385 § 319, A.L. 1957 p. 829, A.L. 1975 S.B. 257, A.L. 1983 S.B. 44 & 45, A.L. 1998 H.B. 1571, A.L. 2006 S.B. 892, A.L. 2009 H.B. 239, A.L. 2010 H.B. 2201)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.200 - Purposes for which property may be sold — petition, examination, order.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.200. Purposes for which property may be sold — petition, examination, order. —
1. The real or personal property of the protectee, or any part thereof or any interest therein, may be sold, mortgaged, pledged, leased or exchanged by the conservator of the estate upon such terms as the court may order for the purpose of providing for his care, education, treatment, habilitation, support and maintenance of the protectee or for the care and maintenance of his family or education of his children, and for the payment of the protectee's debts, the payment of expenses and costs of administration, for investment of the proceeds, or in any other case where it is for the best interests of the protectee.
2. To obtain an order to sell, mortgage, lease or exchange real or personal property, the conservator shall present to the court a petition setting forth the condition of the estate and the facts and circumstances on which the petition is founded. If, after a full examination of the petition and the testimony of credible and disinterested witnesses, if such testimony is deemed necessary, it appears to the court that it is for the best interests of the protectee, an appropriate order may be made for any of the purposes under subsection 1 hereof as the court considers suited to the case.
3. If the conservator does not make such application, a creditor or other person interested in the estate may file a like petition, giving twenty days' notice to the conservator. On the filing of the petition the court may order the conservator to furnish such information and records as the court deems necessary.
4. If, upon settlement of the conservator, it appears that the money on hand and anticipated income of the estate is not sufficient for the payment of the costs of the care, education, treatment, habilitation, support and maintenance of the protectee as required by section 475.120, for the maintenance of his family and education of his children under section 475.125, or the payment of claims against the estate, the court may require a hearing to determine if real or personal property of the estate should be sold, mortgaged, pledged, leased or exchanged for that purpose. Upon hearing the matter, the court shall proceed as in the case of a petition filed under either of the preceding subsections.
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(L. 1955 p. 385 § 321, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 §§ 410, 411, 481; 1919 §§ 406, 407, 477; 1909 §§ 436, 437, 507
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.205 - Claims against estate — procedure.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.205. Claims against estate — procedure. —
All claims against the estate of a protectee, whether they constitute liabilities of the protectee which arose before or after the conservatorship, or liabilities incurred by the conservator for the benefit of the protectee or his estate, may be filed in the probate division of the circuit court. After hearing, the probate division of the circuit court may allow a claim so filed, in whole or in part, or disallow it. An order allowing a claim has the effect of a judgment and bears interest at the legal rate, unless the claim provides for a different rate, in which case the judgment shall be rendered accordingly.
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(RSMo 1939 § 471, A.L. 1955 p. 385 § 322, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 472; 1919 § 468; 1909 § 498
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.210 - Filing of notice of pendency of action in other court against conservator, effect — disabled persons, application of law.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1993
475.210. Filing of notice of pendency of action in other court against conservator, effect — disabled persons, application of law. —
1. The filing in the probate division of the circuit court of a notice of the pendency in some other court or division of an action, suit or proceeding against the protectee or the conservator, or of a copy of the judgment or decree of such other court or division in such action, suit or proceeding shall be deemed a filing of the claim asserted in such action, suit or proceeding.
2. Section 473.360 shall not apply to the estates of disabled persons.
3. This section shall apply to the estates of disabled persons whose disability is adjudicated on or after August 28, 1993.
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(RSMo 1939 § 471, A.L. 1955 p. 385 § 323, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 1993 S.B. 88)
Prior revisions: 1929 § 472; 1919 § 468; 1909 § 498
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.211 - Claims against minors or protectees, classification.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1993
475.211. Claims against minors or protectees, classification. —
All claims against the estate of a minor or other protectee shall be divided into the following classes:
(1) Court costs;
(2) Expenses of administration including fees of the guardian and conservator and their attorneys;
(3) Expenses for the reasonable support and maintenance of the protectee;
(4) All other claims which are filed against the estate as provided by law.
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(L. 1983 S.B. 44 & 45, A.L. 1993 S.B. 88)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.213 - Payment of claims according to priority.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1993
475.213. Payment of claims according to priority. —
1. All claims filed against the estate of a protectee shall be paid by the conservator as far as he has assets subject thereto, in the order specified in section 475.211, and, unless otherwise provided by law, no claim of one class shall be paid until all previous classes are satisfied. If there are not sufficient assets subject thereto to pay the whole of any one class, claims of that class shall be paid in proportion to their amounts, unless otherwise provided by law.
2. Whether or not there has been notice under section 475.140, the court, upon its own motion or the motion of any interested person, may at any time direct the giving of notice to creditors of a protectee requiring them to file their claims in the court within a period stated in the notice, not less than two months from the date of the first publication of the notice. Any creditor who fails to file his claim within the time prescribed in the notice provided for by this subsection shall be barred from participating in any disbursement ordered paid by the court from assets then on hand. The conservator shall list the complete name and address of every creditor of the estate known to him and shall give each creditor so listed written notice by ordinary mail of the time for filing claims. On or before the expiration of the period stated in the notice, the conservator shall file the list of creditors along with proof of service as provided in section 472.110, and any written waivers, in the court. Thereafter, the court may direct the conservator to pay out assets available for payment of claims in accordance with section 475.211 and subsection 1 of this section.
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(L. 1983 S.B. 44 & 45, A.L. 1993 S.B. 88)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.230 - Sales of real estate, how made — notice required.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018, 2 histories
475.230. Sales of real estate, how made — notice required. —
1. Sales of real estate of protectees shall be conducted in the same manner and the same proceedings shall be had with reference thereto as in cases of sale of real estate of decedents for payment of claims.
2. Unless waived by the court for cause, the protectee shall have ten days' prior notice of a required court hearing on the petition for the sale of the protectee's real or tangible personal property. The protectee is not entitled to notice of a hearing on the petition for the sale of the protectee's intangible personal property.
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(RSMo 1939 § 405, A.L. 1955 p. 385 § 327, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)
Prior revisions: 1929 § 405; 1919 § 401; 1909 § 431
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.235 - Order of sale, contents.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.235. Order of sale, contents. —
The court may order the real estate sold at public or private sale, or it may, in its order, provide that the conservator may sell at either public or private sale, at his option; but in no case shall the same be sold for less than three-fourths of its appraised value, nor shall the conservator become the purchaser, either directly or indirectly, of any of the property sold under the provisions of this law.
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(RSMo 1939 § 406, A.L. 1955 p. 385 § 328, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 406; 1919 § 402; 1909 § 432
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.240 - Report and approval of sale.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.240. Report and approval of sale. —
Whenever any conservator sells any real estate belonging to his protectee, under an order of court, he shall report the sale to the court ordering the sale, within the same time and in the same manner as personal representatives are required by law to report sales of real estate made by them for the payment of debts. The report shall remain on file ten days before being acted upon and shall be proceeded upon as in the case of sales of real estate by a personal representative. Any sale, if approved by the court, is valid to all intents and purposes. If the court refuses to approve the report, the order of sale may be renewed, and the same proceedings shall be had as upon the original order.
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(RSMo 1939 § 407, A.L. 1955 p. 385 § 329, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 407; 1919 § 403; 1909 § 433
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.245 - Deeds by conservator or successor, acknowledgment, evidentiary effect — sheriff of county to sign deed, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.245. Deeds by conservator or successor, acknowledgment, evidentiary effect — sheriff of county to sign deed, when. —
1. Any conservator, having received payment of the purchase money for any real estate sold by him under this law, shall execute and deliver to the purchaser thereof deeds of conveyance for the same, referring in apt and appropriate terms to the order of the court, the advertisement and appraisement and description of the real estate, the time, place and terms of sale, and the payment of the purchase money, and conveying to the purchaser all the right, title and interest of the protectee in the real estate sold. The recitals in the deed are prima facie evidence of the facts stated therein.
2. If any conservator, because of death, removal or other cause, fails to complete any sale, or make the deed, his successor, or if there be none, then the sheriff of the county, on order of the court, shall complete the sale or make the deed.
3. All deeds and conveyances executed by conservators shall be acknowledged and recorded as other instruments conveying real estate, and with like effect, and, when so acknowledged, shall be received in evidence in all courts of this state without further proof.
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(RSMo 1939 §§ 408, 409, A.L. 1955 p. 385 § 330, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 §§ 408, 409; 1919 §§ 404, 405; 1909 §§ 434, 435
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.250 - Effect of conveyance.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 02 Jan 1979, see footnote
475.250. Effect of conveyance. —
Every conveyance, mortgage, lease and assurance made under the order of the probate division of a circuit court, pursuant to the provisions of this law, is as valid and as effectual as if the same had been executed by a person of full age and of sound mind.
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(RSMo 1939 § 483, A.L. 1955 p. 385 § 331, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 484; 1919 § 480; 1909 § 510
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.255 - Receipts and acknowledgments of conservators, effect.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.255. Receipts and acknowledgments of conservators, effect. —
Receipts or acknowledgments given by a conservator during the continuance of his office, for the payment of any debts, rents or other money or property due to his protectee, are valid in favor of all persons who take them in good faith; but the conservator and his sureties are liable to the party injured, if the receipts or acknowledgments are given illegally or fraudulently.
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(RSMo 1939 § 426, A.L. 1955 p. 385 § 332, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 426; 1919 § 422; 1909 § 452
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.260 - Actions against protectee, process, enforcement of judgments.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.260. Actions against protectee, process, enforcement of judgments. —
1. When there is a conservator of the estate, all actions between the protectee or the conservator and third persons in which it is sought to charge or benefit the estate of the protectee shall be prosecuted by or against the conservator of the estate as such. He shall represent the interests of the protectee in the action and all process shall be served on him.
2. When the conservator of the estate is under personal liability for his own contracts and acts made and performed on behalf of the estate he may be sued both as conservator and in his personal capacity in the same action. Misnomer or the bringing of an action by or against the protectee shall not be ground for dismissal of the action and leave to amend or substitute shall be freely granted. If an action was commenced by or against the protectee before the appointment of a conservator of his estate, such conservator when appointed may be substituted as a party for the protectee. If the appointment of the conservator of the estate is terminated, his successor may be substituted; if the protectee dies, his personal representative may be substituted; if he becomes of age or his disability ceases, he may be substituted.
3. When there is a conservator of the estate, the property and rights of action of the protectee shall not be subject to garnishment or attachment, and execution shall not issue to obtain satisfaction of any judgment against the protectee or the conservator of his estate as such, but judgments against the estate of the protectee shall be enforced in the manner provided for the enforcement of judgments against the estates of decedents.
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(L. 1955 p. 385 § 333, A.L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.265 - Compensation of guardians and conservators.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.265. Compensation of guardians and conservators. —
A guardian or conservator shall be allowed such compensation for his services as guardian or conservator, as the court shall deem just and reasonable. Additional compensation may be allowed for his necessary services as attorney and for other necessary services not required of a guardian or conservator. Compensation may also be allowed for necessary expenses in the administration of his trust, including reasonable attorney fees if the employment of an attorney for the particular purpose is necessary. In all cases, compensation of the guardian or conservator and his expenses including attorney fees shall be fixed by the court and may be allowed at any annual or final accounting; but at any time before final settlement the guardian or conservator or his attorney may apply to the court for an allowance upon the compensation or necessary expenses of the guardian or conservator and for attorney fees for services already performed. If the court finds that the guardian or conservator has failed to discharge his duties as such in any respect, it may deny him any compensation whatsoever or may reduce the compensation which would otherwise be allowed. The court may consider ties of blood, marriage or adoption, in making allowances of compensation to guardians and conservators.
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(L. 1955 p. 385 § 334, A.L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.270 - Annual settlements required, when, exception — information required.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018, 2 histories
475.270. Annual settlements required, when, exception — information required. —
1. Every conservator shall file with the court annually, or more often if required by the court, a settlement of the conservator's accounts if required by the court detailing the current status of the estate under conservatorship. The annual settlement shall be made at a time fixed by the court within sixty days after the anniversary of the appointment of such conservator.
2. Each settlement of a conservator shall conform to the requirements of section 473.543 as to settlements in decedents' estates.
3. If the conservatorship estate meets the indigency standards prescribed by chapter 208, is under the control of another fiduciary, including a Social Security representative payee or Veterans Affairs fiduciary, or if the assets of a protectee have been placed in restricted custody, the court may waive the requirements that the settlement comply with the requirements of section 473.543 and require the conservator to report, in a form prescribed by the court, the following information:
(1) A statement of any money or property received during the preceding year including the date, source and amount or value;
(2) A statement of disbursements made and the purpose thereof;
(3) The total amount of money or property on hand;
(4) The name and address of any depositary where estate funds are deposited and the amounts thereof.
4. Except when a public administrator is serving as conservator, in addition to the information required under subsection 3 of this section, the settlement shall include:
(1) The present address of the protectee;
(2) The present address of the conservator;
(3) The services being provided to the protected person;
(4) The significant actions taken by the conservator during the reporting period;
(5) An opinion of the conservator as to the continued need for conservatorship and any recommended changes in the scope of the conservatorship;
(6) The compensation requested and the reasonable and necessary expenses incurred by the conservator;
(7) A plan for the coming year; and
(8) Any other information requested by the court or useful in the opinion of the conservator.
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(RSMo 1939 §§ 420, 484, A.L. 1955 p. 385 § 335, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)
Prior revisions: 1929 §§ 420, 485; 1919 §§ 416, 481; 1909 §§ 446, 511
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.276 - Order waiving settlement, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018, 2 histories
475.276. Order waiving settlement, when. —
1. If the assets of the protectee are under the control of another fiduciary, including a Social Security representative payee or Veterans Affairs fiduciary, or if the value of the assets of the estate of a protectee does not exceed the value prescribed by chapter 208 for public benefit eligibility and whether or not such protectee receives other public benefits from the federal government or the state of Missouri, the court may, upon satisfactory proof that adequate provision has been made for the care and maintenance of the protectee, waive or modify the requirements of sections 475.270 and 475.275.
2. If the estate of a protectee consists solely of cash or its equivalent which has been placed in restricted custody so that no withdrawals may be made except on order of the court as prescribed by section 473.160, the court may waive or modify the requirements of sections 475.270 and 475.275.
3. Any order entered pursuant to subsection 1 or 2 of this section shall specify the events or circumstances which shall cause the same to terminate. The order may also provide that the estate shall not be liable for court costs or other expenses of administration so long as the order remains in effect and may direct any state agency or require the conservator of the estate to request a federal agency to pay benefits directly to the custodial facility in which the protectee resides.
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(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.280 - Settlement and report dockets — notice to conservators and guardians.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.280. Settlement and report dockets — notice to conservators and guardians. —
1. The clerk shall keep a docket in which shall be entered the names of all conservators and the particular day upon which their annual settlements are required.
2. The clerk shall notify each conservator by ordinary mail of the day on which each of his annual settlements is required to be filed at least thirty days before such date. Failure to receive the notice herein required does not excuse a conservator from making settlement as required by law.
3. Sections 473.560 to 473.567 as to decedents' estates apply to conservators and their settlements.
4. The clerk shall also keep a docket in which shall be entered the names of all guardians and limited guardians and the particular day upon which their report of annual personal review is required. The clerk shall notify such guardians in the same manner as prescribed in subsection 2 of this section. Failure to receive the notice herein required does not excuse such guardians from making the report as required by law.
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(RSMo 1939 § 421, A.L. 1955 p. 385 § 337, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 421; 1919 § 417; 1909 § 447
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.290 - Final settlement required, when — notice.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018, 2 histories
475.290. Final settlement required, when — notice. —
1. Conservators shall make final settlement of their conservatorship at a time fixed by the court, either by rule or otherwise, within ninety days after termination of their authority, except for those cases where the court has ordered that no letters of administration be granted under section 475.320. For the purpose of settlement, the conservator shall make a just and true exhibit of the account between himself or herself and the protectee, and file the same in the court having jurisdiction thereof, and cause a copy of the account, together with a written notice stating the day on which and the court in which the conservator will make settlement, to be delivered to the protectee or, in case of revocation or resignation, to the succeeding conservator or in case of death of the protectee to the executor or administrator of the protectee's estate or other person designated by the court, at least twenty days before the date set for settlement.
2. If, for any cause, a copy of the account and written notice cannot be delivered to the protectee or other person entitled thereto, the court may order notice of the filing of the account, and of the time and place at which final settlement is to be made, to be given by publication once a week for four weeks next before the date set for settlement in accordance with section 472.100.
3. At the time specified in the notice, the court, upon satisfactory proof of the delivery of a copy of the account and written notice of the settlement to the protectee or person entitled thereto, or the protectee's written waiver thereof, or in case the court has ordered notice to be given by publication, then upon proof of compliance with such order, shall proceed to examine the accounts of the conservator, correct all errors therein, if any there be, and make a final settlement with the conservator; or the court may, for good cause, continue the settlement and proceed therein at any time agreed upon by the parties or fixed by the court.
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(RSMo 1939 § 430, A.L. 1955 p. 385 § 339, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)
Prior revisions: 1929 § 430; 1919 § 426; 1909 § 456
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.295 - Death of conservator, personal representative to make settlement — waived when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.295. Death of conservator, personal representative to make settlement — waived when. —
1. In case of the death of a conservator, his personal representative shall make settlement with his successor, and deliver the property and money belonging to the protectee whose estate was managed by his decedent to such successor. When the sole purpose of administering the estate of the deceased conservator is to make settlement of the estate of the protectee, the court may waive the appointment of a personal representative for the deceased conservator. In such circumstances, the successor shall file a settlement showing the condition of the estate of the protectee and, upon approval by the court, shall be charged with such assets as are shown therein, provided, however, that such successor shall not be relieved of the duty to account for assets of the protectee not shown on such settlement.
2. If a deceased conservator leaves no estate subject to administration, and letters are issued to his personal representative solely for the purpose of making settlement under this section, the costs and expenses of administration of such administration shall be paid by the estate of the protectee of which the decedent was conservator; and, in the administration proceeding in the estate of the deceased conservator there need be no publication as required by section 473.033.
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(RSMo 1939 § 434, A.L. 1955 p. 395 § 340, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 435; 1919 § 431; 1909 § 461
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.300 - Order for payment to protectee of amount due.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.300. Order for payment to protectee of amount due. —
The court shall order payment of the amount found to be due, and the rendition of any effects, property, rights or credits belonging to the protectee, to the protectee, or to the successor of the conservator, or to the personal representative of the protectee, or other person designated by the court, as the case may be, and enforce the order by attachment or execution against the conservator and his sureties.
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(RSMo 1939 § 431, A.L. 1955 p. 385 § 341, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 432; 1919 § 428; 1909 § 458
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.305 - Enforcement of order of payment.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.305. Enforcement of order of payment. —
If the conservator fails to pay the money ordered to be paid, the same proceedings may be had against him and his sureties to compel payment as are authorized in cases where a personal representative fails, when ordered, to pay claims against an estate.
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(RSMo 1939 § 432, A.L. 1955 p. 385 § 342, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 433; 1919 § 429; 1909 § 459
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.310 - Estate delivered by resident conservator to foreign guardian or conservator, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.310. Estate delivered by resident conservator to foreign guardian or conservator, when. —
Whenever it appears to the court that any protectee, having a conservator in this state, is not a resident of this state, and has a guardian, conservator, committee or curator in another state, who has a bond adequate to protect the estate, the court may authorize or compel the conservator of such protectee to deliver over to the foreign guardian, conservator, committee or curator all the property of which he may have the custody, belonging to the protectee, and make a full and perfect settlement of his conservatorship with the foreign guardian, conservator, committee or curator. Before the court makes any order under this section, notice of the application therefor shall be given the resident conservator and after hearing the court may grant or refuse the order in accordance with the best interests of the protectee. When such an order is made, the receipt of the foreign guardian, conservator, committee or curator fully discharges the resident conservator, and his sureties, from all liability on account of the property delivered to the foreign guardian, conservator, committee or curator. This section applies when the protectee or his family, being residents of this state, remove to another state or when the court finds it is to the best interests of the protectee that his residence be moved to another state.
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(RSMo 1939 §§ 417, 429, A.L. 1955 p. 385 § 343, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 §§ 417, 429; 1919 §§ 413, 425; 1909 §§ 443, 455
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.315 - Receipt by protectee, successor or others, discharge.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.315. Receipt by protectee, successor or others, discharge. —
Successors of conservators or personal representatives, having received all money and other estate found to be due to their protectees or to the estate of a deceased protectee, and protectees having received all money and other estate due from their conservators on the expiration of their conservatorship, shall acknowledge satisfaction of record in the proper court; or if the protectee, on due notice, neglects or refuses to make acknowledgment, or cannot be found in the county to be served with notice, the court shall enter a discharge of his conservator on the record and give him a certificate therefor but the court shall not enter the discharge, nor give such certificate, until the conservator has exhibited to the court the written statement of the protectee, acknowledging the receipt of all money and other property due from the conservator, which written statement shall be signed by the protectee and in every case acknowledged by the protectee to be his free act and deed, before some officer authorized by law to take acknowledgment of deeds. Upon acknowledgment of satisfaction the conservator shall be discharged of record.
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(RSMo 1939 § 433, A.L. 1955 p. 385 § 344, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 434; 1919 § 430; 1909 § 460
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.320 - Death of protectee, distribution of estate — administration, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018, 2 histories
475.320. Death of protectee, distribution of estate — administration, when. —
1. Except in cases mentioned in subsection 2, the court, upon the death of any protectee, may order that no letters of administration shall be granted upon his estate, but the funeral and burial expenses and estate taxes for which the estate of the deceased protectee is liable, and obligations of the protectee incurred by the conservator, as well as expenses of administration, may be paid out of the estate by the conservator on order of the court and after the final settlement of the conservator is approved, and upon a showing that all obligations of the estate which have been authorized by the court have been paid, the court shall order the conservator to make distribution to the heirs in the same manner and with the same effect as in the case of an administrator. In such case the conservator is subject in all respects and to the same extent to the liabilities of an administrator and liability on the conservator's bond continues and applies to the complete administration of the estate of the deceased protectee, including settlements as required by section 473.540.
2. Whenever a protectee dies leaving debts, other than those payable by the conservator under subsection 1 hereof, for which his estate would be liable in an action, or whenever a protectee dies, leaving a will valid under the law respecting wills, letters testamentary or of administration shall be granted on the estate of the deceased protectee, in the manner provided by law, as in case of other testators or intestates.
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(RSMo 1939 §§ 427, 428, A.L. 1955 p. 385 § 345, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)
Prior revisions: 1929 §§ 427, 428; 1919 §§ 423, 424; 1909 §§ 453, 454
(1965) As used in subsection 2 of this section, the word "debts" is the substantial equivalent of "claims", which is defined in § 472.101 (4) as including liabilities of the decedent which survive whether arising in contract or in tort or otherwise, funeral expenses, the expense of a tombstone and costs and expenses of administrator. State v. Hollenbeck (A.), 394 S.W.2d 82.
(1965) This section states no legislative purpose or intent to transmit the legal status of a guardian to that of an administrator, but simply grants to the probate court the discretionary right, in certain cases, to "order that no letters of administration shall be granted". State v. Hollenbeck (A.), 394 S.W.2d 82
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.322 - Use of multiple-party accounts and joint property.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.322. Use of multiple-party accounts and joint property. —
When a protectee:
(1) Purchased United States bonds in co-ownership form, payable to himself and another or the survivor, or in beneficiary form, payable to himself during his lifetime and to another upon his death;
(2) Deposited funds in a joint account in the name of himself and any one or more other persons, and in form to be paid to any one or more of them, or the survivor or survivors of them, or in an account payable to himself during his lifetime and upon his death to another, or in an account in his own name upon revocable trust for another; or
(3) Owns real or personal property in joint tenancy or tenancy by the entirety;
­­the conservator may, with the authorization or approval of the court, redeem such bonds, withdraw funds from such account, and sell, exchange or mortgage the protectee's estate or interest in such joint or entirety property, to the extent that funds are needed to pay expenses under section 475.125 or claims under section 475.211. With respect to property held in joint tenancy, the provisions of sections 362.470 and 369.174 shall be applicable and with respect to any property held in tenancy by the entirety, the provisions of section 442.035 shall be applicable and the conservator, with or without court approval, shall not have authority to redeem, withdraw, sell, exchange or mortgage the protectee's estate or interest in such entirety property without the approval of the other tenant by the entirety. The court shall not authorize or approve such redemption, withdrawal, sale, exchange or mortgage as to the share contributed to the purchase of such bonds, the making of deposits in such an account, or the acquisition of such joint or entirety property by the co-owner or beneficiary of the bonds, a joint depositor, a person to whom an account is payable on death, a beneficiary of a revocable trust of an account, or a cotenant of property.
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(L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.325 - Escheat of minor's estate, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.325. Escheat of minor's estate, when. —
If upon the final settlement of a minor's estate, made upon his arrival at eighteen years of age, the residence or whereabouts of the protectee is unknown to his conservator or the court before whom such settlement is made or if the protectee refuses to accept and receipt for the balance found owing to him before the time for appeal from the settlement has expired, any funds remaining in the conservator's hands shall be ordered paid into the state treasury in like manner and subject to the same provisions in favor of the protectee as now provided by sections 470.010 to 470.260 in cases of nonappearing and nonclaiming distributees and legatees.
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(RSMo 1939 § 438, A.L. 1955 p. 385 § 346, A.L. 1979 H.B. 95, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 439; 1919 § 435; 1909 § 465
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.330 - Conservatorship dispensed with, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.330. Conservatorship dispensed with, when. —
1. When the whole estate of a minor does not exceed the value of ten thousand dollars, the court may, in its discretion, without the appointment of a conservator or the giving of bond, authorize:
(1) The deposit in a depositary authorized to receive fiduciary funds, payable to the conservator of the estate when appointed or to the minor upon his attaining the age of eighteen years; or
(2) The delivery thereof to a suitable person designated by the court, deliverable to the conservator of the estate when appointed or to the minor upon his attaining the age of eighteen years; or
(3) The payment or delivery thereof to the parent of the minor, or to the person having care or custody of the minor or to the minor himself.
­­The person receiving such money or other assets shall hold and dispose of the same in the manner directed by the court.
2. When the whole estate of a person over the age of eighteen who has been adjudicated to be disabled does not exceed the value of ten thousand dollars, the court may, in its discretion, without the appointment of a conservator or the giving of bond, authorize the deposit thereof in a depositary authorized to receive fiduciary funds in the name of a suitable person designated by the court, or authorize the delivery thereof to a suitable person designated by the court. The person receiving such money or other assets shall hold and dispose of the same in such manner as the court directs.
3. When the whole estate of a minor or a disabled person does not exceed ten thousand dollars, the court may discharge the conservator of the estate and authorize disposition of the assets of the estate of the protectee in the same manner as provided in subsections 1 and 2 of this section.
4. The person or officer making payment, delivery, transfer or issuance of personal property or evidence thereof to the person designated by the court under this section is discharged and released to the same extent as if such payment, delivery, transfer or issuance was made to a conservator of the minor or disabled person, and he is not required to see to the application thereof, except that a person or officer making payment, delivery, transfer or issuance of money or personal property, or evidence thereof, to a next friend or guardian ad litem may be discharged and released as provided for in section 507.184.
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(L. 1955 p. 385 § 347, A.L. 1959 H.B. 537, A.L. 1977 S.B. 142 & 433, A.L. 1979 H.B. 95, A.L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.335 - Payment and delivery to foreign guardian or conservator.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.335. Payment and delivery to foreign guardian or conservator. —
Any person indebted to a minor or disabled person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a minor or disabled person may pay such debt or deliver such property or instrument to a conservator, curator, committee, guardian of the estate or other like fiduciary appointed by a court of the state of residence of the person, upon being presented with proof of his appointment and an affidavit made by him or on his behalf stating:
(1) That no application for appointment of a conservator or conservatorship proceeding relating to the person is pending in this state; and
(2) That the foreign guardian, conservator, committee or curator is entitled to payment or to receive delivery.
­­If the person to whom the affidavit is presented is not aware of any conservatorship proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.
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(RSMo 1939 § 416, A.L. 1955 p. 385 § 348, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 416; 1919 § 412; 1909 § 442