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 473.380 - Claims, form and verification — claim to be established by evidence.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1985
473.380. Claims, form and verification — claim to be established by evidence. —
1. No claim other than for costs and expenses of administration shall constitute a claim against an estate unless it is in writing, stating the nature and amount thereof, if ascertainable, and is signed by the claimant, or by some person for him who has knowledge of the facts, stating that to the best of his knowledge and belief he has given credit to the estate for all payments and offsets to which it is entitled and that the balance claimed is justly due.
2. If a claim is founded on a written instrument, the original or a copy thereof with all endorsements shall be attached to the claim. The original instrument shall be exhibited to the personal representative, upon demand, unless it is lost or destroyed, in which case its loss or destruction shall be stated in the claim.
3. The statement of claim herein required shall not be received as any evidence of the claim but such claim shall be established by competent evidence before it is paid or adjusted.
4. Upon the filing of any claim, the probate clerk shall immediately send a copy of the claim to the personal representative or his attorney.
­­--------
(RSMo 1939 §§ 192, 194, A.L. 1955 p. 385 § 145, A.L. 1959 S.B. 141, A.L. 1980 S.B. 637, A.L. 1985 S.B. 35, et al.)
Prior revisions: 1929 §§ 193, 195; 1919 §§ 192, 194; 1909 §§ 201, 203
(1964) If a claimant concedes that payments were made on the subject of the claim, he must show such credits in his claim. But if he does not so concede, the burden is on the estate to prove payment, not on claimant to prove nonpayment. Hubbard v. Happel's estate (A.), 382 S.W.2d 416.
(1974) Held that claim form used met requirements of this section and that signature not being on proper line did not invalidate the claim. State ex rel. Nollmann v. Gunn, (A.), 513 S.W.2d 710.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.383 - Claims not due, proceedings.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.383. Claims not due, proceedings. —
The court may allow any claim filed against an estate, which is payable at a future day, at the then present value thereof, or the court may order the executor or administrator to retain in his hands sufficient funds to satisfy the same upon maturity; or if the heirs, devisees, or legatees offer to give bond to a creditor for the payment of his claim according to the terms thereof, the court may order the bond to be given in satisfaction of such claim.
­­--------
(L. 1955 p. 385 § 146)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.387 - Secured claims — surrender of security — payment.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
473.387. Secured claims — surrender of security — payment. —
When a creditor holds any security for his claim, the security shall be described in the claim. If the claim is secured by a mortgage, pledge, or other lien which has been recorded or filed for record, it is sufficient to describe the lien by date, and refer to the volume, page and place of recording or filing and the names of parties thereto. The claim shall be allowed in the same amount as if it were unsecured and the judgment allowing it shall describe the security. The creditor may surrender his security and be paid out of the assets of the estate. Nothing in this law shall be construed to compel the creditor to surrender his security until he receives payment of his debt in full or he is paid the value of the security. Payment of the claim shall be upon the basis of the full amount allowed if the creditor surrenders his security; otherwise payment shall be upon the basis of one of the following:
(1) If the creditor exhausts his security before receiving payment, then upon the basis of the full amount of the claim less the amount realized upon exhausting the security;
(2) If the creditor has not exhausted or does not have the right to exhaust his security, then upon the basis of the full amount of the claim less the value of the security determined by converting the same into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise, or litigation.
­­--------
(L. 1955 p. 385 § 147, A.L. 1980 S.B. 637)
Effective 1-01-81
(1961) Where parties to divorce suit entered into property settlement which provided for the payment of the attorneys for both parties, the claim for the attorney fees upon the death of one of the parties to the divorce action who signed the agreement could be established in the probate court. Yonke v. Albert's Estate (A.), 351 S.W.2d 794.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.390 - Contingent claims.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.390. Contingent claims. —
Contingent claims which cannot be allowed as absolute debts shall be filed nevertheless in the court and proved. If allowed as a contingent claim, the order of allowance shall state the nature of the contingency. If the claim becomes absolute before distribution of the estate, it shall be paid in the same manner as absolute claims of the same class. In all other cases the court may provide for the payment of contingent claims in any one of the following methods:
(1) The creditor and executor or administrator may determine, by agreement, arbitration or compromise, the value thereof, according to its probable present worth, and upon approval thereof by the court, it may be allowed and paid in the same manner as an absolute claim.
(2) The court may order the executor or administrator to make distribution of the estate but to retain in his hands sufficient funds to pay the claim if and when the same becomes absolute; but for this purpose the estate shall not be kept open longer than two years after distribution of the remainder of the estate has been made; and if the claim has not become absolute within that time, distribution shall be made to the distributees of the funds so retained, after paying any costs and expenses accruing during such period and the distributees are liable to the creditor to the extent of the estate received by them, if the contingent claim thereafter becomes absolute. When distribution is made to distributees, the court may require such distributees to give bond for the satisfaction of their liability to the contingent creditor.
(3) The court may order distribution of the estate as though the contingent claim did not exist, but the distributees are liable to the creditor to the extent of the estate received by them, if the contingent claim thereafter becomes absolute; and the court may require such distributees to give bond for the performance of their liability to the contingent creditor.
­­--------
(L. 1955 p. 385 § 148)
(1958) Contract between three owners of corporation requiring each to pay specified amount to corporation, when, as and if it needed money and was short of cash held valid and allowable against estate of deceased party as a contingent claim. Becker-Behrens-Gist Lbr. Co. v. Adams (A.), 311 S.W.2d 70.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.393 - Collection of contingent claims from distributees — limitations — contribution.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 02 Jan 1979, see footnote
473.393. Collection of contingent claims from distributees — limitations — contribution. —
If a contingent claim has been filed and allowed against an estate and all the assets of the estate including the fund, if any, set apart for the payment thereof, have been distributed, and the claim thereafter becomes absolute, the creditor may recover thereon against those distributees whose distributive shares have been increased by reason of the fact that the amount of the claim as finally determined was not paid prior to final distribution, if an action therefor is commenced within six months after the claim becomes absolute. The distributees are jointly and severally liable, but no distributee is liable for an amount exceeding the amount of the estate or fund distributed to him. If more than one distributee is liable to the creditor, he shall make all distributees who can be reached by process parties to the action. By its judgment the court shall determine the amount of the liability of each of the defendants as between themselves, but if any is insolvent or unable to pay his proportion, or beyond the reach of process, the others, to the extent of their respective liabilities, nevertheless, are liable to the creditor for the whole amount of his debt. If a person liable for the debt fails to pay his just proportion to the creditor, he is liable to indemnify all who, by reason of the failure on his part, have paid more than their just proportion of the debt, the indemnity to be recovered in the same action or in separate actions.
­­--------
(L. 1955 p. 385 § 149, 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 473.397 - Classification of claims and statutory allowances.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 2018, 2 histories
473.397. Classification of claims and statutory allowances. —
All claims and statutory allowances against the estate of a decedent shall be divided into the following classes:
(1) Costs;
(2) Expenses of administration;
(3) Exempt property, family and homestead allowances;
(4) Funeral expenses;
(5) Debts and taxes due the United States of America;
(6) Debts for medical assistance owed to the state of Missouri under section 473.398;
(7) Expenses of the last sickness, wages of servants, claims for medicine and medical attendance during the last sickness, and the reasonable cost of a tombstone;
(8) Debts and taxes due the state of Missouri, any county, or any political subdivision of the state of Missouri;
(9) Judgments rendered against the decedent in his lifetime and judgments rendered upon attachments levied upon property of decedent during his lifetime;
(10) All other claims not barred by section 473.360.
­­--------
(RSMo 1939 § 181, A.L. 1955 p. 385 § 150, A.L. 1965 p. 635, A.L. 1969 S.B. 84, A.L. 1980 S.B. 637, A.L. 2018 S.B. 806)
Prior revisions: 1929 § 182; 1919 § 181; 1909 § 190
CROSS REFERENCE:
State claims paramount--personal liability on failure to pay, 430.330 to 430.350
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.398 - Recovery of public assistance funds from recipient's estate, when authorized — procedure — exceptions.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 2018, 2 histories
473.398. Recovery of public assistance funds from recipient's estate, when authorized — procedure — exceptions. —
1. Upon the death of a person, who has been a participant of aid, assistance, care, services, or who has had moneys expended on his behalf by the department of health and senior services, department of social services, or the department of mental health, or by a county commission, the total amount paid to the decedent or expended upon his behalf after January 1, 1978, shall be a debt due the state or county, as the case may be, from the estate of the decedent. The debt shall be collected as provided by the probate code of Missouri, chapters 472, 473, 474 and 475.
2. Procedures for the allowance of such claims shall be in accordance with this chapter, and such claims shall be allowed as a claim of either the sixth or eighth class under subdivisions (6) and (8) of section 473.397.
3. Such claim shall not be filed or allowed if it is determined that:
(1) The cost of collection will exceed the amount of the claim;
(2) The collection of the claim will adversely affect the need of the surviving spouse or dependents of the decedent to reasonable care and support from the estate.
4. Claims consisting of moneys paid on the behalf of a participant as defined in 42 U.S.C. Section 1396 shall be allowed, except as provided in subsection 3 of this section, upon the showing by the claimant of proof of moneys expended. Such proof may include but is not limited to computerized records maintained by any governmental entity as described in subsection 1 of this section of a request for payment for services rendered to the participant, which shall be deemed to be competent and substantial evidence of payment.
5. The provisions of this section shall not apply to any claims, adjustments or recoveries specifically prohibited by federal statutes or regulations duly promulgated thereunder. Further, the federal government shall receive from the amount recovered any portion to which it is entitled.
6. Before any probate estate may be closed under this chapter, with respect to a decedent who, at the time of death, was enrolled in MO HealthNet, the personal representative of the estate shall file with the clerk of the court exercising probate jurisdiction a release from the MO HealthNet division evidencing payment of all MO HealthNet benefits, premiums, or other such costs due from the estate under law, unless waived by the MO HealthNet division.
­­--------
(L. 1977 H.B. 462 §§ 1 to 4, A.L. 1981 S.B. 117, A.L. 1985 S.B. 5, et al., A.L. 1995 S.B. 357, A.L. 2007 S.B. 577, A.L. 2018 S.B. 806)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.399 - Definitions — obligation to repay assistance, claim against estate, when — defenses, setoff — exceptions.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1990
473.399. Definitions — obligation to repay assistance, claim against estate, when — defenses, setoff — exceptions. —
1. As used in this section, the following terms mean:
(1)
"Assistance"
, funds expended by a state agency to or on behalf of a person in the form of aid, care, or services, except that for the purposes of this section, aid to families with dependent children shall not be considered assistance;
(2)
"Obligor estate"
, the estate against which an obligation under this section arises;
(3)
"Recipient"
, a person to whom or on whose behalf assistance is provided;
(4)
"State agency"
, the department of social services, department of health and senior services and department of mental health of the state of Missouri.
2. For the purposes of this section, the providing of assistance shall create an obligation which may be recovered by filing a claim in the probate division of the circuit court against the decedent estate of the spouse of the deceased recipient upon such spouse's death as provided by the probate code of Missouri, chapters 472, 473, 474 and 475. The amount of the state debt shall be the full amount of assistance without interest provided to the recipient during the marriage of such recipient and spouse; provided that the liability of the obligor estate shall not exceed the value of the combined resources of the recipient and the spouse of the recipient on the date of death of the recipient.
3. The state agency providing the assistance may initiate a claim on the debt against the obligor estate.
4. The obligor estate may assert as a defense to the state agency's claim that more than two years prior to the providing of assistance, the recipient voluntarily abandoned the spouse.
5. An obligor estate shall have the right of setoff against the state debt for any amounts recovered by the state agency from the estate of the deceased recipient pursuant to section 473.398.
6. Claims shall not be filed under this section when collection of the state debt would be contrary to federal statutes for assistance programs in which federal funds are received.
­­--------
(L. 1990 H.B. 1725 § 1)
(2008) Section's definition of estate does not include all non-probate transfers and thus is insufficiently broad to allow recovery by State of Medicaid benefits from estate of recipient's surviving spouse. In re Estate of Shuh, 248 S.W.3d 82 (Mo.App.E.D.).
(2008) Section authorizing State to receive reimbursement from Medicaid recipient's estate after recipient's death or from estate of recipient's spouse after death of spouse is preempted by federal statute. In re Estate of Bruce, 260 S.W.3d 398 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.403 - Allowance of claims — court's duties — allowance by personal representative.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.403. Allowance of claims — court's duties — allowance by personal representative. —
1. Except as provided in subsections 2 and 3 hereof, no claimant is entitled to payment unless his claim has been duly filed and allowed by the court. Upon the adjudication of any claim the court shall allow it in whole or in part, or disallow it. The order allowing the 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.
2. Except in case of the personal representative's own claim, any claim may be paid by the personal representative, without allowance thereof by the court, and credit may be had therefor in his settlement, provided the same is either paid or filed within the time prescribed by section 473.360; but, if written exceptions thereto are duly filed by any interested party within the time allowed for filing exceptions to the final settlement of the personal representative, hearing by the court shall be had thereon. On such hearing the burden is on the personal representative to prove that the estate was liable on the claim for the amount so paid. If the court adjudges that the estate was not liable for any part of the amount paid, the exceptions to such extent shall be sustained.
3. Claims for expenses of administration may be allowed upon application of the claimant or of the personal representative, or may be allowed in the discretion of the court at any settlement regardless of whether or not they have been paid by the personal representative.
­­--------
(L. 1955 p. 385 § 152, A.L. 1969 p. 553, 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 473.407 - Defenses against claims.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.407. Defenses against claims. —
Any executor or administrator may assert the same offsets and other defenses against any suit or other proceeding instituted against the estate of his testator or intestate which he might have made in his lifetime.
­­--------
(RSMo 1939 § 191, A.L. 1955 p. 385 § 153)
Prior revisions: 1929 § 192; 1919 § 191; 1909 § 200
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.410 - Offsets or counterclaims — personal representative to list — how asserted — procedure — judgment.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
473.410. Offsets or counterclaims — personal representative to list — how asserted — procedure — judgment. —
The personal representative shall file a statement of all offsets or counterclaims against the creditor not less than twenty days prior to the date of hearing. The court may permit the statement to be filed in less than twenty days prior to the date of the hearing for good cause. Upon hearing of the claim and offsets or counterclaims the court shall determine the amount due by and against the estate and render judgment in favor of or against the estate for the net amount. If a judgment is rendered against a claimant for any net amount, execution may issue in the same manner as on judgments in civil cases. An offset may or may not diminish or defeat the recovery sought by the opposing party. Such offset may claim relief exceeding in amount or different in kind from that sought in the claim of the creditor.
­­--------
(L. 1955 p. 385 § 154, 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 473.413 - Hearing and disposition of claims — notice.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
473.413. Hearing and disposition of claims — notice. —
Each court may provide by rule for the time and notice of hearing and disposition of claims filed therein or may set any individual claim or claims for hearing irrespective of rule. Except when ordered by the court for cause or upon agreement of the parties the time for hearing of any claim shall not be fixed at any time before the expiration of twenty days after notice thereof has been served on the personal representative.
­­--------
(L. 1955 p. 385 § 155, 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 473.423 - Claim of personal representative — how established — procedure — fee.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
473.423. Claim of personal representative — how established — procedure — fee. —
A personal representative may establish a claim against the estate by proceeding against his corepresentative in the manner prescribed for other persons; but if there is no corepresentative, he shall file his claim and other papers, and, unless the persons whose interests would be adversely affected consent thereto in writing, the court shall appoint some suitable person as administrator ad litem to appear and manage the defense. The fee allowed to the administrator ad litem shall be charged against the claimant as costs unless the claimant can show that the claim arose prior to decedent's death or, that by advancing funds on behalf of the estate, the estate was benefitted thereby, in which event the fee allowed the administrator ad litem shall be charged as costs against the estate and paid as an expense of administration.
­­--------
(RSMo 1939 § 202, A.L. 1955 p. 385 § 158, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 203; 1919 § 202; 1909 § 211
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 473.427 - Compromise of claims against estate.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1980
473.427. Compromise of claims against estate. —
When a claim against the estate has been filed or suit thereon is pending, the creditor and personal representative, if it appears for the best interest of the estate, may compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.
­­--------
(L. 1955 p. 385 § 159, 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 473.430 - Payments of claims and statutory allowances in order of classification — proportional payment — priority.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
473.430. Payments of claims and statutory allowances in order of classification — proportional payment — priority. —
All claims and statutory allowances against an estate shall be paid by the personal representative, as far as he has assets, in the order specified in section 473.397; and no claim or statutory allowance of one class shall be paid until all previous classes are satisfied or it appears that there are sufficient assets to satisfy all previous classes. If there are not sufficient assets to pay the whole of any one class, claims shall be paid in proportion to their amounts. Exempt property, family allowance and homestead allowance have priority for payment, in the order listed, among themselves.
­­--------
(RSMo 1939 § 207, A.L. 1955 p. 385 § 160, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 208; 1919 § 207; 1909 § 216
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 473.433 - Payment of claims not required prior to six months after first publication — payments after six months — insufficient funds — payment with consent of all parties — no just claim to be barred, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 23 May 1996, see footnote
473.433. Payment of claims not required prior to six months after first publication — payments after six months — insufficient funds — payment with consent of all parties — no just claim to be barred, when. —
1. Prior to the expiration of six months after the date of the first publication of letters, no personal representative shall be compelled to pay any claim presented to him or filed with the court; provided, however, that subsequent to the expiration of the time specified in section 473.360, no personal representative shall pay any claim except costs and expenses of administration, unless, within the time specified in sections 473.360, 473.363, and 473.367, said claim has either been filed with the court or acknowledged by the personal representative in writing to be a just claim.
2. Upon the expiration of six months after the date of first publication of letters, or when it appears that there are sufficient assets to pay all claims whether or not theretofore allowed, the personal representative shall proceed to pay all claims to which he has consented or which have been allowed by final judgment.
3. If it appears at any time that the estate is or may be insolvent, that there are insufficient funds on hand, or that there is other good and sufficient cause, the personal representative may report that fact to the court and apply for any order that he deems necessary in connection therewith.
4. Notwithstanding sections 473.360, 473.363, and 473.367, a personal representative may pay any claim at any time with the consent of all interested parties.
5. No claim filed with the court or acknowledged by the personal representative in writing to be a just claim, within the time specified in sections 473.360, 473.363 and 473.367, shall be barred on the basis of the claim not having been served upon the personal representative within the time specified in sections 473.360, 473.363, and 473.367.
­­--------
(L. 1955 p. 385 § 161, A.L. 1969 p. 553, A.L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision, A.L. 1996 S.B. 494)
Effective 5-23-96
(1995) Six-month bar also applies in conservatorships. Rebound, Inc. v. Pugh, 912 S.W.2d 660 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.437 - Extension or renewal of encumbrances of assets.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
473.437. Extension or renewal of encumbrances of assets. —
When any assets of the estate are encumbered by mortgage, pledge or other lien, the personal representative may renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of his lien, in whole or in part, pursuant to agreement with the holder of the encumbrance, whether or not the holder of the encumbrance has filed a claim, if it appears to be for the best interest of the estate.
­­--------
(L. 1955 p. 385 § 162, 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 473.440 - Enforcement of judgment, attachment or execution liens which attached prior to decedent's death.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
473.440. Enforcement of judgment, attachment or execution liens which attached prior to decedent's death. —
When any real or personal property of an estate is bound by the lien of any judgment, attachment or execution, which attached prior to the death of decedent, the personal representative, when the best interests of the estate require, may obtain the redemption thereof, except that, if the estate is insolvent, the property subject to the lien shall be sold in the manner provided by law for the sale of property for the payment of obligations of the estate. The proceeds of the sale shall be used first to satisfy and pay the judgment or execution without regard to the classification thereof, except that claims in classes one through seven
*
of section 473.397 have precedence over such liens, and the residue, if any, shall be administered as other assets. If there is more than one judgment, attachment or execution lien, and the estate is insufficient to pay all of them, they shall be paid according to their priority, or, if they are of equal priority, the proceeds shall be applied to the several liens in proportion to their respective amounts.
­­--------
(L. 1955 p. 385 § 163, A.L. 1980 S.B. 637)
Effective 1-01-81
*Seventh class was renumbered to eighth class in section 473.397 by S.B. 806, 2018.
CROSS REFERENCES:
Attached property of decedent to be sold only under administration proceedings, 521.450, 521.460
Executions not to issue against executor or administrator, when, 513.075
Executors or administrators not to be summoned as garnishees, when, 525.030
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.443 - Proceedings where real estate has been sold under junior judgment.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
473.443. Proceedings where real estate has been sold under junior judgment. —
1. If real estate, being or having been bound by the liens of several judgments or attachments, has been sold under a junior judgment, the personal representative shall file a petition alleging the fact of the sale, the name of the plaintiff in the junior judgment, the name of the purchaser, the dates and amounts of the several judgments and attachments, and the names of the persons in whose favor the several judgments were rendered, or such attachments are prosecuted.
2. The court thereupon shall cause a copy of the petition to be served, in the manner provided by statute or civil rule, upon the plaintiff in the judgment under which the real estate was sold and the purchaser thereof, together with an order that unless good cause to the contrary is shown, at a date fixed by the court, an order will be made for the sale of the whole or so much of the real estate as is sufficient to pay the prior judgments or attachments.
3. The purchaser of the real estate has the privilege of paying the prior judgments at any time within three months after the date of the service of the petition, or, in case of attachments, within the time specified in section 473.360.
4. If the purchaser of the real estate under the junior judgment fails to pay the prior judgment, or judgment upon prior attachments, or both, within the time prescribed in subsection 3 above, the real estate shall be sold in the manner provided by law for the sale of real estate of decedents free from the encumbrance of the title derived from the sale under the junior judgment, and the proceeds of the sale shall be disposed of according to law.
­­--------
(RSMo 1939 § 151, A.L. 1955 p. 385 § 164, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 152; 1919 § 151; 1909 § 160
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 473.444 - Limitations on filing claims — when claims barred.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 13 Jul 1989, see footnote
473.444. Limitations on filing claims — when claims barred. —
1. Unless otherwise barred by law, all claims against the estate of a deceased person, other than costs and expenses of administration, exempt property, family allowance, homestead allowance, claims of the United States and claims of any taxing authority within the United States, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract or otherwise, which are not filed in the probate division, or are not paid by the personal representative, shall become unenforceable and shall be forever barred against the estate, the personal representative, the heirs, devisees and legatees of the decedent one year following the date of the decedent's death, whether or not administration of the decedent's estate is had or commenced within such one-year period and whether or not during such period a claimant has been given any notice, actual or constructive, of the decedent's death or of the need to file a claim in any court. No contingent claim based on any warranty made in connection with the conveyance of real estate is barred under this section.
2. Nothing in this section affects or prevents any action or proceeding to enforce any mortgage, pledge or other lien upon property of the estate; except that attachment, judgment, and execution liens shall be enforced as provided in this law and not otherwise.
­­--------
(L. 1989 H.B. 145)
Effective 7-13-89
(2004) Department of Social Services is a "taxing authority" exempt from one-year limit for filing reimbursement claims against a decedent's estate. In re Cahill, 131 S.W.3d 859 (Mo.App.S.D.).
(2010) Section is self-executing and does not require sufficient state involvement to implicate due process protections. State ex rel. Houska v. Dickhaner, 323 S.W.3d 29 (Mo.banc).
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.457 - Sale of property under power in will.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.457. Sale of property under power in will. —
1. The sale and conveyance of property under a will shall be made by the acting executor or administrator with the will annexed, if no other person is appointed by the will for that purpose, or if such person fails or refuses to act.
2. Whenever power to sell or otherwise deal with property under a will, by the terms thereof, is personal to the executor therein designated, the court may direct the exercise thereof by a successor executor or administrator or by some other person. The court has full power to supervise the exercise of such powers and to make such orders as are necessary to effectuate the will of testator.
3. When power to sell, mortgage, lease or exchange property of the estate has been given to any executor under the terms of any will, the executor may proceed under such power, or under the provisions of this law, as he may determine.
­­--------
(RSMo 1939 § 132, A.L. 1955 p. 385 § 168)
Prior revisions: 1929 § 133; 1919 § 132; 1909 § 141
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.460 - Purposes for which property may be sold, mortgaged, leased or exchanged.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
473.460. Purposes for which property may be sold, mortgaged, leased or exchanged. —
1. Real or personal property belonging to an estate may be sold, mortgaged, leased or exchanged under court order for any of the following purposes:
(1) For the payment of claims allowable against the estate;
(2) For the payment of any allowance made to the surviving spouse and minor children of a decedent;
(3) For the payment of any legacy given by the will of the decedent;
(4) For the payment of expenses of administration including court costs;
(5) For the payment of any gift, estate, inheritance or transfer taxes assessed upon the transfer of the estate or due from the decedent or his estate;
(6) For any other purpose in the best interests of the estate; or if it would be burdensome to the heirs or devisees to distribute the personal property or the real estate in kind.
2. Real and personal property may be sold or mortgaged under order of the court when necessary for the purpose of making distribution of the estate or any part thereof.
3. Personal property of the estate shall be exhausted before real estate is ordered sold for the payment of the obligations of the estate unless the court otherwise orders.
­­--------
(L. 1955 p. 385 § 169, A.L. 1957 p. 829, A.L. 1965 p. 636, A.L. 1980 S.B. 637)
Effective 1-1-81
CROSS REFERENCES:
Conveyances to urban redevelopment corporation, when, 353.120
Homestead allowance, property not to be sold, when, 474.290
(1963) Subdivision (6) does not apply to situations of concern only to heirs and therefore neither the fact that it is desirable to sell the land because it cannot be satisfactorily partitioned in kind nor the fact that the real estate would bring a better price at a private sale by an administrator could make "necessary" the sale of real estate under subdivision (6). McIntosh v. Connecticut General Life Insurance Co. (Mo.), 336 S.W.2d 409.
(1974) Held that failure to allege facts in support of statutory grounds for sale of property does not deprive probate court of jurisdiction. Coons v. Stokes (A.), 514 S.W.2d 33.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.463 - No known heirs, property to be sold.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
473.463. No known heirs, property to be sold. —
When there are no known heirs or legal representatives of heirs, the personal representative shall sell all the real and personal estate of the decedent as to which he died intestate six months after administration is granted, unless the court otherwise orders.
­­--------
(RSMo 1939 § 115, A.L. 1955 p. 385 § 170, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 116; 1919 § 115; 1909 § 125
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 473.467 - Reservation of property under direction of will — specific devises reserved.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.467. Reservation of property under direction of will — specific devises reserved. —
1. If any testator directs that his estate or any specific part or parts thereof be not sold, the same shall be reserved unless such sale is necessary for the payment of claims or allowances to surviving spouse or minor children.
2. Specific devises shall not be sold in any case unless necessary in accordance with section 473.620.
­­--------
(RSMo 1939 §§ 112, 114, A.L. 1955 p. 385 § 171)
Prior revisions: 1929 §§ 113, 115; 1919 §§ 112, 114; 1909 §§ 122, 124
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.470 - Heirs may give bond and prevent sale.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.470. Heirs may give bond and prevent sale. —
An order prohibiting the sale of property for the payment of obligations of the estate may be granted if any of the persons interested in the estate executes and files in the court a bond in such sum and with such sureties as the court approves, conditioned to pay all obligations of the estate to the extent that the other property of the estate is insufficient therefor, within such time as the court directs. An action may be maintained on such bond by the executor or administrator.
­­--------
(L. 1955 p. 385 § 172)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.473 - Terms of sale.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1957
473.473. Terms of sale. —
In all sales of real or personal property the court may authorize credit to be given by the executor or administrator for the payment of such portion of the purchase price and for such periods of time, upon such rates of interest, with such security, and upon such other conditions as the court finds to be in the interests of the estate.
­­--------
(L. 1955 p. 385 § 173, A.L. 1957 p. 829)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.477 - Executor or administrator not to purchase, exception.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.477. Executor or administrator not to purchase, exception. —
No executor or administrator shall purchase any property belonging to the estate which is sold either at public or private sale, unless written consent thereto is filed by the distributees.
­­--------
(RSMo 1939 § 161, A.L. 1955 p. 385 § 174)
Prior revisions: 1929 § 162; 1919 § 161; 1909 § 170
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.480 - Validity of proceedings.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.480. Validity of proceedings. —
No proceedings for sale, mortgage, lease, exchange or conveyance by an executor or administrator of property belonging to the estate shall be subject to collateral attack on account of any irregularity in the proceedings if the court which ordered the same had jurisdiction of the estate.
­­--------
(L. 1955 p. 385 § 175)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.483 - Sales of perishable property.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.483. Sales of perishable property. —
Every executor or administrator may sell at private or public sale all goods and chattels of the decedent that are liable to perish, be consumed or rendered worse by the keeping upon obtaining order of the court so to do. Approval of the court of a sale without prior order validates the sale.
­­--------
(RSMo 1939 § 111, A.L. 1955 p. 385 § 176)
Prior revisions: 1929 § 112; 1919 § 111; 1909 § 121
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.487 - Sale, mortgage or lease of personal property.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1957
473.487. Sale, mortgage or lease of personal property. —
An executor or administrator may file a petition to sell, mortgage or lease any personal property belonging to the estate. The petition shall set forth the reasons for the application and describe the property involved. The petition may be heard with or without notice as the court directs. Notice of the hearing, if required, shall state briefly the nature of the application and shall be given as provided in section 472.100. The court may order the sale, mortgage or lease of the property described or any part thereof, on the most advantageous terms obtainable. No report or confirmation of the transaction is necessary unless required by the court; but no privately negotiated sale, mortgage or lease made under this section is valid unless prior authorization or subsequent approval of the court is secured.
­­--------
(L. 1955 p. 385 § 177, A.L. 1957 p. 829)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.490 - Sale of real estate on court's motion, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1957
473.490. Sale of real estate on court's motion, when. —
1. If, upon any settlement of the executor or administrator, it appears that the personal property of an estate is not sufficient for the payment of claims, legacies or allowances to the surviving spouse or unmarried minor children, the court may require a hearing to determine if real property of the estate should be sold, mortgaged or leased for that purpose.
2. Notice of the hearing, stating the time and nature thereof, shall be given by the clerk in the manner and to the persons as provided in subsection 2 of section 473.493.
3. Upon hearing the matter, and upon the adduction of satisfactory proof, the court may order the sale, mortgage or lease of such real property of the estate as the circumstances may require, and the same proceedings under this law shall thereafter be had in relation to the sale, mortgage or lease as if the same had been instituted on petition of the executor or administrator, or a creditor or other interested person.
­­--------
(RSMo 1939 § 165, A.L. 1955 p. 385 § 178, A.L. 1957 p. 829)
Prior revisions: 1929 § 166; 1919 § 165; 1909 § 174