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 473.618 - Notice to judgment creditors of distribution — contents of request.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jul 1997, see footnote
473.618. Notice to judgment creditors of distribution — contents of request. —
1. Any judgment creditor of a distributee desiring notice of any partial or final distribution or both, may, at any time subsequent to the granting of letters testamentary or of administration, file with the clerk of the probate division of the circuit court having jurisdiction a duly acknowledged request for such notice and shall cause a copy of the request to be served upon the personal representative administering the estate or upon such representative's attorney of record. The request shall specify the name and address of the judgment creditor, the name of the debtor-distributee and the identity of the estate. A separate request shall be filed for each judgment creditor of a distributee desiring notice. After the serving and filing of any such request, any distributee mentioned in the request may be referred to as a "debtor-distributee".
2. No partial or final distribution shall be made by a supervised or independent personal representative to a debtor-distributee after the serving and filing of any such request until at least twenty days after such representative has caused to be deposited in the United States mail an envelope certified or registered, and with postage fully prepaid, enclosing a notice of the distribution and the date when such distribution will be made, addressed to each person whose name and address is set forth in a request served and filed as provided in subsection 1 of this section. Actual receipt by the addressee of the envelope shall not be necessary to establish compliance with the requirements of this section. The receipt issued by the United States Post Office for certified or registered mail to evidence that the envelope has been delivered by the personal representative to the United States Post Office shall constitute proof of compliance with the notice requirements of this section. Any distribution made by any personal representative to a debtor-distributee prior to the time specified in the notice required by this subsection shall not discharge such representative as against a garnishment, attachment or other judicial process with respect to such debtor-distributee which is served upon such representative or upon such representative's attorney of record by or in behalf of any judgment creditor who has served and filed a request as described in subsection 1 of this section if such distribution is made after the serving and filing of such request by such judgment creditor and if such garnishment, attachment or other judicial process is served upon such personal representative or such representative's attorney of record prior to the scheduled date of such distribution.
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(L. 1985 S.B. 35, et al., A.L. 1996 S.B. 869)
Effective 7-01-97
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.620 - Order in which assets are appropriated — abatement.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.620. Order in which assets are appropriated — abatement. —
1. When it is necessary that there be an abatement of the shares of the distributees, they shall, subject to the provisions of the will, abate, without any preference or priority as between real and personal property, in the following order:
(1) Property not disposed of by the will;
(2) Residuary devises;
(3) General legacies;
(4) Specific devises.
­­A general legacy charged on any specific property or fund for the purposes of this section is deemed property specifically devised to the extent of the value of the thing on which it is charged. Upon the failure or insufficiency of the thing on which it is charged, it is deemed a general legacy to the extent of such failure or insufficiency.
2. Subject to the provisions of the will, and to section 473.623, devises of the same class shall abate proportionately.
3. If the provisions of the will or the testamentary plan or the express or implied purpose of the devise would be defeated by the order of appropriation and application prescribed by subsection 1 hereof, the property of the testator shall be apportioned in the manner found necessary to give effect to the intention of the testator.
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(L. 1955 p. 385 § 218)
(1984) In determining how the surviving spouse's election to take against the will affects the distribution of the rest of the estate when the testator has not specified what is to happen, the court held that the legislature did not intend for the abatement statute to apply to an election to take against the will. Wilkinson v. Brune (Mo. App. E.D.), 682 S.W.2d 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 473.623 - Contribution between devisees.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 02 Jan 1979, see footnote
473.623. Contribution between devisees. —
When it is necessary under the provisions of section 473.620 that there be an abatement of specific devises, whether of real or personal property, the court may by order determine the manner in which such abatement shall be accomplished, so that the burden of such abatement will be borne by all specific devisees proportionately according to the value of their respective specific devises, and if any specific devise is sold or applied to accomplish such abatement, the other specific devisees shall be obligated to contribute the respective amounts necessary so that the burden of such abatement will be borne proportionately as provided in this section. The court in its order shall determine the respective amounts to be so contributed and the same may be recovered by the executor or administrator or by the devisees entitled thereto.
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(L. 1955 p. 385 § 219, 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 473.627 - Advancements to be determined.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.627. Advancements to be determined. —
All questions of advancements made, or alleged to have been made by an intestate to any heir may be heard and determined by the court at the time of the hearing on the petition for final distribution or at any time prior thereto. The amount of every advancement shall be specified in the decree of final distribution.
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(L. 1955 p. 385 § 220)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.630 - Right of retainer.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.630. Right of retainer. —
When a distributee of an estate is indebted to the estate, the amount of the indebtedness if due, or the present worth of the indebtedness, if not due, may be treated as an offset by the executor or administrator against any testate or intestate property, real or personal, of the estate to which such distributee is entitled. An offset hereunder shall be treated as if made as of the time of the death of the decedent and interest shall be adjusted accordingly.
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(L. 1955 p. 385 § 221)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.633 - Interest on general legacies.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1985
473.633. Interest on general legacies. —
1. All legacies, other than residuary ones or chattels, shall bear interest from twelve months after the date of the death of the testator at a rate equal to that allowed by law on money due upon order of the court. If the court finds that the legacies cannot be paid without jeopardizing the rights of interested parties because of litigation or other circumstances, the court shall determine what rate of interest, if any, not exceeding the rate allowed by law on money due upon order of the court, shall be allowed, after taking into consideration the income of the estate.
2. The yield on written instruments, shares of corporate stock and similar securities specifically devised shall be deemed a part of the legacy and shall be turned over to the legatee.
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(RSMo 1939 § 237, A.L. 1955 p. 385 § 222, A.L. 1985 S.B. 35, et al.)
Prior revisions: 1929 § 238; 1919 § 237; 1909 § 246
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.637 - Distributees to refund, when — judgment.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.637. Distributees to refund, when — judgment. —
If after the payment of the legacies or distributions, it becomes necessary that the same, or any part thereof, be refunded for the payment of claims, the court on application filed within five years from the payment of the legacies or distributions shall apportion the same among the legatees or distributees, according to the amount received by them, except that specific legacies are not required to be refunded unless the residue is not sufficient to satisfy the claims. If any legatee or distributee fails to refund, according to the order, on motion of the executor or administrator, the court shall, after ten days' notice in writing has been given to the legatee or distributee, enter judgment for the amount apportioned to him.
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(RSMo 1939 § 246, A.L. 1955 p. 385 § 223)
Prior revisions: 1929 § 247; 1919 § 246; 1909 § 255
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.640 - Partition of personal property in kind.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1959
473.640. Partition of personal property in kind. —
If personal property which is to be distributed may be divided in kind, the court may order a partition thereof among the parties entitled; and for that purpose the court may appoint not more than three commissioners, disinterested and of no kin to the parties, who, after making affidavit that they will honestly and impartially discharge the trust reposed in them, shall make partition as equal in kind as the value and numbers of the articles of property will admit and report their proceedings to the court at a time fixed by the court. The court shall consider all objections to the report and may approve or modify the report and order partition accordingly or it may reject the report and proceed to make partition or appoint new commissioners as often as necessary to accomplish an equitable partition which will meet the approval of the court.
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(RSMo 1939 § 239, A.L. 1955 p. 385 § 224, A.L. 1959 S.B. 141)
Prior revisions: 1929 § 240; 1919 § 239; 1909 § 248
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.643 - Property sold to effect partition, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1983
473.643. Property sold to effect partition, when. —
1. If personal property cannot be divided in kind with advantage to the distributees, and it is not to their advantage that the same be sold by the personal representative, then, upon the application of a majority of those entitled to distribution, the court may order the same to be delivered to such person as they designate, in which selection minors shall act by their conservator, who shall proceed to collect, by suit or otherwise, all notes, accounts and choses in action so received in the name of the distributees, and dispose of all property so coming into his possession or under his control to their best interest, collecting the proceeds thereof, and distribute all moneys realized to the parties entitled thereto.
2. Such person, in the discretion of the court, may be required to give bond to the state of Missouri, with good securities, in such sum as the court may deem proper, for the faithful discharge of his duty, and for payment of parties entitled thereto of all moneys collected.
3. The party may be discharged from the trust upon his application, or upon the application of a majority of the heirs, when it appears to the court that it is not for the best interest of distributees that the trust be continued.
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(RSMo 1939 § 240, A.L. 1955 p. 385 § 225, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 241; 1919 § 240; 1909 § 249
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.647 - Notice of application for partition.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
473.647. Notice of application for partition. —
Each person entitled to partition of personal property, not applying therefor, shall be notified, in writing, of the application ten days before the order is made.
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(RSMo 1939 § 241, A.L. 1955 p. 385 § 226, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 242; 1919 § 241; 1909 § 250
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 473.650 - Distributee may credit share against purchase price, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.650. Distributee may credit share against purchase price, when. —
If a distributee becomes a purchaser of the property at a sale for the purpose of making distribution, his receipt for the amount of his share shall be received in payment of an equal amount of the purchase money, and the court shall allow the amount of such receipt as so much distributed under the order of court.
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(RSMo 1939 § 243, A.L. 1955 p. 385 § 227)
Prior revisions: 1929 § 244; 1919 § 243; 1909 § 252
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.653 - Proceedings to compel distribution.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.653. Proceedings to compel distribution. —
When an order is made by the court upon an executor or administrator to pay over money to the widow, heirs, legatees or distributees of an estate, and he fails to make such payment, the same proceedings may be had against him and his sureties to compel payment as are authorized in cases where an executor or administrator fails when ordered to pay claims allowed against an estate.
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(RSMo 1939 § 245, A.L. 1955 p. 385 § 229)
Prior revisions: 1929 § 246; 1919 § 245; 1909 § 254
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.657 - Distribution.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 2011
473.657. Distribution. —
1. Distribution to a distributee may be made to the distributee or to a person holding a power of attorney properly executed by the distributee in accordance with the law of the place of execution, or to the distributee's personal representative, guardian, or conservator.
2. Distribution may be made to the trustees of a trust account established pursuant to sections 402.199 to 402.208 if the court finds that the distributee qualifies as a life beneficiary under subdivision (1) of section 402.200 and that such distribution would be in the best interest of the distributee as prescribed by section 475.093.
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(RSMo 1939 § 251, A.L. 1955 p. 385 § 230, A.L. 1983 S.B. 44 & 45 merged with H.B. 369, A.L. 1996 S.B. 494 merged with S.B. 768, A.L. 1999 S.B. 211, A.L. 2011 S.B. 70)
Prior revisions: 1929 § 252; 1919 § 251
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.660 - Discharge of personal representative.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
473.660. Discharge of personal representative. —
Upon the filing of receipts or other evidence satisfactory to the court that distribution has been made as ordered in the final decree, the court shall enter an order of discharge. The discharge so obtained operates as a release from the duties of personal representative and operates as a bar to any suit against the personal representative and his sureties unless the suit is commenced within one year from the date of the discharge. Nothing in this section shall be construed to change the effect of an order approving final settlement as provided in section 473.597.
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(L. 1955 p. 385 § 228, 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 473.665 - Definitions.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.665. Definitions. —
As used in sections 473.665 to 473.694:
(1)
"Local administration"
means administration by a personal representative appointed in this state pursuant to proceedings described in this chapter;
(2)
"Local personal representative"
includes any personal representative appointed in this state pursuant to appointment proceedings described in this chapter, and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to section 473.677;
(3)
"Resident creditor"
means a person domiciled in, or doing business in, this state, who is, or could be, a claimant against an estate of a nonresident decedent.
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(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 473.668 - Administration of estate of nonresident decedent as original proceeding.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1957
473.668. Administration of estate of nonresident decedent as original proceeding. —
Administration proceedings and other procedures in this state with respect to property, tangible or intangible, of a nonresident decedent which is within the jurisdiction of this state are original proceedings or procedures conducted under the authority of this state solely, and are independent of and not ancillary to proceedings or procedures in any other state or country, and shall be had and conducted in this state as if the decedent were a resident, subject to and supplemented by the provisions in sections 473.671 to 473.694.
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(L. 1957 p. 860 § 1)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.671 - Jurisdiction of property — situs of intangibles.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1957
473.671. Jurisdiction of property — situs of intangibles. —
The courts of this state have jurisdiction over all tangible and intangible property of a nonresident decedent having a situs in this state. For the purpose of such jurisdiction it is recognized as to other states and countries, and declared with respect to this state, that the situs of debts, rights and choses in action which are embodied in legal instruments such as stock certificates, bonds, negotiable instruments, insurance policies payable to an estate and other similar items is in that state or country in which such legal instruments are located, so that whatever state or country has jurisdiction of such instruments has, and of right ought to have, jurisdiction to administer upon or otherwise direct the disposition of the debts, rights and choses in action which they embody, or voluntarily relinquish such jurisdiction to other states and countries. For such purpose the situs of other debts, rights and choses in action is where the debtor is found.
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(L. 1957 p. 860 § 2)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.676 - Filing of copy of appointment of domiciliary foreign personal representative, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.676. Filing of copy of appointment of domiciliary foreign personal representative, when. —
If no local administration, or application or petition therefor, is pending in this state, a domiciliary foreign personal representative may file with a probate division of the circuit court in this state, in a county in which property belonging to the decedent is located, authenticated copies of his appointment and of any official bond he has given.
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(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 473.677 - Domiciliary foreign personal representative, powers, duties and obligations.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, 2 histories, see footnote
473.677. Domiciliary foreign personal representative, powers, duties and obligations. —
A domiciliary foreign personal representative, who has complied with section 473.676, may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state, subject to any conditions imposed upon nonresident parties generally. When acting in this state under this authority, a domiciliary personal representative has the duties and obligations of a local personal representative, except that he may pay or deliver personal property under section 473.691.
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(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 473.678 - Power of domiciliary foreign personal representative, when executed — termination of powers — substitution of local personal representative, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.678. Power of domiciliary foreign personal representative, when executed — termination of powers — substitution of local personal representative, when. —
The power of a domiciliary foreign personal representative under section 473.677 or 473.691 shall be exercised only if there is no administration, or application therefor, pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under section 473.677, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative acquires all the rights, and is subject to all duties and obligations, which have accrued by virtue of the exercise of the powers by the foreign personal representative, and may be substituted for him in any action or proceedings in this state.
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(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 473.682 - Priority of personal representative appointed by court of decedent's domicile — exceptions.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.682. Priority of personal representative appointed by court of decedent's domicile — exceptions. —
A personal representative appointed by a court of the decedent's domicile has priority over all other persons for appointment as local personal representative, except where the decedent's will nominates different persons to be personal representative in this state and in the state of domicile. The domiciliary personal representative may nominate another, who shall have the same priority as the domiciliary personal representative.
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(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 473.685 - Foreign personal representative subject to jurisdiction of courts of state, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.685. Foreign personal representative subject to jurisdiction of courts of state, when. —
A foreign personal representative submits himself to the jurisdiction of the courts of this state by:
(1) Filing authenticated copies of his appointment as provided in section 473.676;
(2) Receiving payment of money or taking delivery of personal property under section 473.691; or
(3) Doing any act as a personal representative in this state which would have given the state jurisdiction over him as an individual.
­­Jurisdiction under subdivision (2) is limited to the money or value of personal property collected.
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(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 473.687 - Foreign personal representative also subject to court's jurisdiction to same extent as decedent prior to death.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, 2 histories, see footnote
473.687. Foreign personal representative also subject to court's jurisdiction to same extent as decedent prior to death. —
In addition to jurisdiction conferred by section 473.685, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately prior to death.
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(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 473.689 - Service of process on foreign personal representative, how made.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.689. Service of process on foreign personal representative, how made. —
1. Service of process may be made upon a foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address. Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this state on either the foreign personal representative or his decedent immediately prior to death.
2. If service is made upon a foreign personal representative as provided in subsection 1, he shall be allowed at least thirty days within which to appear or respond.
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(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 473.691 - Debtor or custodian may pay or deliver personal property to foreign representative, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1967
473.691. Debtor or custodian may pay or deliver personal property to foreign representative, when. —
Any person, firm or corporation upon whom no demand has been made by a personal representative or other person authorized by this state to collect a nonresident decedent's personal property may, at any time sixty days or more after his death, transfer, pay or deliver personal property of the nonresident decedent to the foreign personal representative or, if none, to such other person as may be entitled thereto, under the laws of said foreign state, and shall not be liable for the debts of or claims against the nonresident decedent or his estate by reason of having made the transfer, payment or delivery.
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(L. 1957 p. 861 § 6, A.L. 1959 S.B. 335, A.L. 1967 p. 643)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.692 - Adjudication against any personal representative of estate binding on local personal representative.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.692. Adjudication against any personal representative of estate binding on local personal representative. —
An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication.
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(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 473.694 - Effect of law on reciprocal corporate fiduciaries law.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1971
473.694. Effect of law on reciprocal corporate fiduciaries law. —
Nothing in sections 473.668 to 473.694 authorizes any "foreign corporation", as the term is defined in section 362.600, to act in any fiduciary capacity except as such foreign corporation is expressly permitted so to act by the provisions of section 362.600.
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(L. 1957 p. 860 § 7, A.L. 1971 S.B. 163)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.697 - Letters of administration for persons absent for five or more years — application — notice — hearing.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 2002
473.697. Letters of administration for persons absent for five or more years — application — notice — hearing. —
Whenever application shall be made to any probate division for letters of administration upon the estate of any person supposed to be dead, because of the absence of such person for five consecutive years from the place of his last known domicile within this state, or because such person was exposed to a specific peril of death due to a terrorist event, or because, having been a resident of this state, such person has heretofore gone from and has not returned to this state for five consecutive years, or, because, having been such resident of this state, such person shall hereafter go from and shall not return to this state for five consecutive years, or, because being a resident of this state, such person shall have so concealed or conducted himself within this state that he shall not have been heard of for five consecutive years by the judge of the probate division having jurisdiction of his estate, or by the persons interested therein, then said court, if satisfied that the applicant would be entitled to such letters if the supposed decedent were in fact dead, shall cause a notice to such supposed deceased person to be published in a newspaper, published in the county, once a week for four consecutive weeks, setting forth the fact that such application has been made, together with notice that on a day certain, which shall be at least two weeks after the last publication of such notice, the court will hear evidence concerning the alleged absence of the supposed decedent, and the circumstances and duration thereof. The persons applying for such letters of administration shall file a petition stating the facts upon which such application is based and the place where such supposed deceased person resided when last heard from by him or by any person within his knowledge.
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(RSMo 1939 § 264, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 2002 S.B. 712)
Prior revisions: 1929 § 265; 1919 § 264; 1909 § 271
CROSS REFERENCE:
Presumption of death, when, 490.620
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.700 - Who may testify.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1939
473.700. Who may testify. —
At the hearing the court shall receive such legal evidence as shall be offered, for the purpose of ascertaining whether the presumption of death is established; and no person shall be disqualified to testify by reason of his or her relationship as husband or wife to the supposed deceased, or by reason of his or her interest in the estate of the person supposed to be dead.
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(RSMo 1939 § 265)
Prior revisions: 1929 § 266; 1919 § 265; 1909 § 272
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.703 - Publication of finding — time for rebuttal.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1939
473.703. Publication of finding — time for rebuttal. —
If satisfied, upon such hearing, that the legal presumption of death is established, the court shall so declare and it shall forthwith cause notice thereof to be published once a week for four consecutive weeks, in a newspaper published in the county, and also, if the court shall find that such supposed decedent resided in or was possessed of property located in any county in this or any other state at a time subsequent to his residence in the county in which applications are made, the notice of such publication shall be published in like manner in such other county. Such notice shall require the supposed decedent, if alive, or any other person for him, to produce to the court, within twelve weeks from the date of the last publication thereof, satisfactory evidence of the fact that he is still living; provided, that where publication is made in a daily newspaper, publication for each week after the first shall fall on the corresponding day of the week as did the first publication.
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(RSMo 1939 § 266)
Prior revisions: 1929 § 267; 1919 § 266; 1909 § 273
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.707 - Issuance of letters, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 02 Jan 1979, see footnote
473.707. Issuance of letters, when. —
If, within such period of twelve weeks, evidence shall not be offered satisfactory to the court that said supposed decedent is in fact still living, then it shall be the duty of the court to issue letters of administration to the party entitled thereto; and said letters, until revoked, and all acts done in pursuance thereof and in reliance thereupon, shall be as valid as if the supposed decedent were in fact dead.
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(RSMo 1939 § 267, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 268; 1919 § 267; 1909 § 274
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 473.710 - Revocation of letters, when — effect — procedure.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 02 Jan 1979, see footnote
473.710. Revocation of letters, when — effect — procedure. —
The court may revoke said letters of administration at any time, upon satisfactory proof that the supposed decedent is in fact alive. After such revocation all the powers of the administrator shall cease, but all receipts and disbursements of assets, and other acts previously done by him, shall remain as valid as if said letters were unrevoked; and the administrator shall thereupon make a settlement of his administration to the date of revocation, and shall transfer all assets remaining in his hands to said supposed decedent, or to his duly authorized agent or attorney; provided, nothing in sections 473.697 to 473.720 contained shall validate the title of any person to any money or property received as widow, next of kin or heir of such supposed decedent, but the same may be recovered from such parties in all cases in which such recovery could be had if said sections had not been passed.
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(RSMo 1939 § 268, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 269; 1919 § 268; 1909 § 275
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 473.713 - Distributees to give bond before receiving estate.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 02 Jan 1979, see footnote
473.713. Distributees to give bond before receiving estate. —
Before the distribution of the proceeds of the estate of such supposed decedent shall be made, the persons entitled to receive the same, respectively, shall enter into a bond to the state of Missouri, with sufficient security, to be approved by the court having jurisdiction of said estate, in such sum and in such form as the court shall direct, conditioned that if said supposed decedent shall in fact be alive at the time of such distribution, then the distributees shall refund the amount received by them, on demand, with interest thereon from the date of such demand; but if any person entitled to receive such distribution shall be unable to give the security aforesaid, then the money which he would be entitled to receive shall be paid over to the county treasurer, and by him loaned at the highest rate of interest obtainable, on security approved by said probate division of the circuit court, which interest shall be paid annually to the person entitled thereto, and such money shall remain so at interest until the security aforesaid is given, or the court, upon application, shall order it to be paid to the person or persons entitled to receive the same.
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(RSMo 1939 § 269, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 270; 1919 § 269; 1909 § 276
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 473.717 - Supposed decedent substituted for administrator, when — effect on actions, judgments.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1939
473.717. Supposed decedent substituted for administrator, when — effect on actions, judgments. —
1. After the revocation of such letters of administration as aforesaid, the person erroneously supposed to be dead may, upon suggestion of said fact, filed of record, be substituted in all actions brought by the administrator of his estate, whether prosecuted to judgment or otherwise. He may, in all actions previously brought against his administrator, be substituted as defendant, on proper suggestion, filed by himself or by the plaintiff therein, but he shall not be compelled to go to trial in less than three months from the time of the filing of such suggestion.
2. Judgments recovered against the administrator before the revocation of his letters, as aforesaid, may be opened, upon application by the supposed decedent, if made by affidavit, denying specifically, on the knowledge of the affiant, the cause of action, or specifically alleging the existence of facts which would be a valid defense; but if within said three months, such application shall not be made, or, being made, the facts exhibited shall be adjudged an insufficient defense, the judgment shall be conclusive to all intents, saving the defendant's right to have the same reviewed, as in other cases, by appeal or by writ of error, as now provided by law. After the substitution of the supposed decedent as defendant in any judgment, as aforesaid, such judgment shall become a lien on his real estate situate in the county for which the court is held, and shall have the same force and effect as if said action had been originally instituted against said supposed decedent.
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(RSMo 1939 § 270)
Prior revisions: 1929 § 271; 1919 § 270; 1909 § 277
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.720 - Payment of costs.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1939
473.720. Payment of costs. —
The costs attending the issue of letters of administration, or the revocation, shall be paid out of the estate of the supposed decedent; and all costs arising upon an application for letters which are refused shall be paid by the applicant.
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(RSMo 1939 § 271)
Prior revisions: 1929 § 272; 1919 § 271; 1909 § 278
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.733 - Certificate and oath — bond, how sued on.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 2013
473.733. Certificate and oath — bond, how sued on. —
The public administrator's certificate of election, if applicable, official oath and bond shall be filed and recorded with the probate clerk, and copies thereof, certified under the seal of such court, shall be evidence. Any person injured by the breach of such bond may sue upon the same in the name of the state for his own use.
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(RSMo 1939 § 297, A.L. 1996 S.B. 719, A.L. 2013 H.B. 163 merged with S.B. 99)
Prior revisions: 1929 § 297; 1919 § 294; 1909 § 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 473.739 - Compensation for attendance at training session, certain public administrators, expenses shall be reimbursed, when (certain counties of the first classification).

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 2010
473.739. Compensation for attendance at training session, certain public administrators, expenses shall be reimbursed, when (certain counties of the first classification). —
1. Each public administrator in counties of the first classification without a charter form of government who does not receive at least twenty-five thousand dollars in fees as otherwise allowed by law shall receive annual compensation of four thousand dollars and each such public administrator who does not receive at least forty-five thousand dollars in fees may request the county salary commission for an increase in annual compensation and the county salary commission may authorize an additional increase in annual compensation not to exceed ten thousand dollars.
2. Two thousand dollars of the compensation authorized in this section shall be payable to the public administrator only if he or she has completed at least twenty hours of instruction each calendar year relating to the operations of the public administrator's office when approved by a professional association of the county public administrators of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each public administrator who completes the training program and shall send a list of certified public administrators to the treasurer of each county. Expenses incurred for attending the training session shall be reimbursed to the county public administrator in the same manner as other expenses as may be appropriated for that purpose.
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(L. 1984 S.B. 601 § 13, A.L. 1987 S.B. 65, et al., A.L. 1990 S.B. 580, A.L. 1996 S.B. 719, A.L. 1997 S.B. 11, A.L. 2000 S.B. 542, A.L. 2010 S.B. 808)
(2000) In determining amount of annual compensation to be paid to public administrators, more specific provisions of this statute apply over those of section 50.333. State ex rel. Pate v. Mooney, 22 S.W.3d 766 (Mo.App.E.D.).