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 473.095 - Apportionment of property between surviving spouse and children.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1957
473.095. Apportionment of property between surviving spouse and children. —
In cases arising under sections 473.090 and 473.093, the court, if it finds that it would be just and equitable to make an apportionment of property between a surviving spouse and unmarried minor children, shall in its order thereunder make such division of the property as will effectuate the apportionment.
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(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 473.100 - Effect of acquittances by distributees of small estate.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.100. Effect of acquittances by distributees of small estate. —
The person making payment, delivery, transfer or issuance of personal property or evidence thereof pursuant to the affidavit prescribed in section 473.097 is discharged and released to the same extent as if made to an executor or administrator of the decedent, and he is not required to see to the application thereof or to inquire into the truth of any statement in the affidavit if made by any other person. If any person to whom the affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled in an action brought for that purpose by or on behalf of the persons entitled thereto under section 473.097, upon proof of the defeasible right declared by such section. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any administrator or executor of the estate or to the surviving spouse or minor children of the decedent who proceed under section 473.090 or 473.093 or to any other person having a superior right.
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(L. 1955 p. 385 § 55)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.107 - Small estate appraised, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 02 Jan 1979, see footnote
473.107. Small estate appraised, when. —
The probate division of the circuit court in its discretion may order the appraisal of the property before a certificate is made under section 473.097 or before an order refusing letters is made under section 473.090. The appraisal shall be made by one or more appraisers appointed by the court and the cost thereof shall be paid by the persons entitled to the property in accordance with the order of the court.
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(L. 1955 p. 385 § 58, A.L. 1971 S.B. 163, 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 473.110 - Persons entitled to letters.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1985
473.110. Persons entitled to letters. —
1. Letters testamentary shall be granted to the personal representative or personal representatives designated in the will. If part of the persons designated in the will are found by the court to be incompetent, unsuitable or improper or are disqualified or fail to apply for letters, letters shall be granted to the others designated, and if all personal representatives designated are found by the court to be incompetent, unsuitable or improper or are disqualified or fail to apply, letters shall be granted to some other qualified person.
2. Letters of administration shall be granted to the following persons if otherwise qualified:
(1) To the husband or wife;
(2) To one or more of those who are entitled to distribution of the estate, who the court shall believe will best manage and preserve the estate. A conservator of a distributee is not entitled to preference;
(3) If the court believes no one of the persons entitled to administer is a competent and suitable person, or if any such person fails to apply for letters when directed by the court, some other person may be appointed;
(4) A person entitled to letters of administration under subdivision (1) or (2) of this subsection, or who would be entitled thereto but for section 473.117, may, if he has attained the age of eighteen years and has sufficient mental capacity for the purpose, nominate a qualified person to act as personal representative. Any such person may renounce his right to nominate or to be appointed by an appropriate writing filed with the court. When two or more persons share a priority, those of them who do not renounce must concur in nominating another to act for them or in applying for appointment.
3. A natural person or corporate fiduciary, otherwise qualified, who is a nonresident of this state may be appointed as a personal representative.
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(RSMo 1939 §§ 7, 11, A.L. 1955 p. 385 § 60, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.)
Prior revisions: 1929 §§ 7, 11; 1919 §§ 7, 11; 1909 §§ 15, 19
(1967) A sister has no priority to the appointment as an administratrix ad litem as statutory provisions as to preferences which are applicable to cases of general administration do not govern the appointment of a special or temporary administrator pendente lite, and the probate court, in its discretion, may appoint some suitable person without regard to priorities. State v. Ross (A.), 420 S.W.2d 365.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.113 - Letters granted to others, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
473.113. Letters granted to others, when. —
Letters may be granted at any time to any person deemed suitable if the persons entitled to preference file their renunciation thereof, in writing, with the clerk of the court.
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(RSMo 1939 § 9, A.L. 1955 p. 385 § 61, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 9; 1919 § 9; 1909 § 17
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 473.120 - Form of letters testamentary.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 02 Jan 1979, see footnote
473.120. Form of letters testamentary. —
Letters testamentary issued to executors may be in the following form:
County of ______ ss.
The state of Missouri to all persons to whom these presents shall come, greeting: Know ye, that the last will of ______, deceased, has, in due form of law, been exhibited, proved and recorded, and inasmuch as it appears that ______ has been appointed executor in and by the said last will to execute the same and to the end that the property of the testator may be preserved for those who appear to have a legal right or interest therein, and that the said last will may be executed according to the request of the testator, we do hereby authorize ______, as such executor, to take possession and control of all personal property, owned by the said ______ at the time of his death, except the exempt property of the surviving spouse or unmarried minor children, in whosesoever possession the same is found and to perform and fulfill all duties enjoined upon him by the will, so far as there shall be property and the law charges him, and in general to do and perform all other things which are required of him by law.
In testimony whereof, I, ______, clerk of the probate division of the circuit court in and for said county of ______, have hereunto signed my name and affixed the seal of said probate division, at office, this ______ day of ______, A.D. ______.
__________________
Clerk of the Probate Division
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(RSMo 1939 § 37, A.L. 1955 p. 385 § 63, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 37; 1919 § 36; 1909 § 44
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 473.123 - Form of letters of administration.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 02 Jan 1979, see footnote
473.123. Form of letters of administration. —
Letters of administration issued in this state may be in the following form:
County of ______ ss.
The state of Missouri to all persons to whom these presents shall come, greeting: Know ye, that whereas ______, late of the county of ______, died intestate, as it is said, having at the time of his death, property in this state, which may be lost, destroyed or diminished in value if speedy care be not taken of the same. To the end, therefore, that said property may be collected, preserved and disposed of according to law, we do hereby appoint ______ administrator of all personal property owned by ______ at the time of his death, except the exempt property of the surviving spouse or unmarried minor children, with full power and authority to secure and dispose of said property according to law, and collect all moneys due said decedent, and in general to do and perform all other acts and things which are required of him by law.
In testimony whereof, I ______, clerk of the probate division of the circuit court in and for the county of ______ aforesaid, have hereunto signed my name and affixed the seal of said probate division, at office, this ______ day of ______, A.D. 20______.
__________________
Clerk of the Probate Division
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(RSMo 1939 § 38, A.L. 1955 p. 385 § 64, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 38; 1919 § 37; 1909 § 45
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 473.127 - Letters c.t.a. and d.b.n., form.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 02 Jan 1979, see footnote
473.127. Letters c.t.a. and d.b.n., form. —
In all cases where letters of administration with will annexed, letters of administration de bonis non, during minority or absence, are issued by the judge or clerk of the probate division, the same shall be issued in conformity to the foregoing forms, as near as may be, taking care to make the necessary variations, additions or omissions to suit each particular case.
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(RSMo 1939 § 39, A.L. 1955 p. 385 § 65, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 39; 1919 § 38; 1909 § 46
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 473.130 - Letters or copies, evidence.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.130. Letters or copies, evidence. —
Letters or copies of the record thereof, duly certified under the seal of the proper court, shall be evidence.
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(RSMo 1939 § 36, A.L. 1955 p. 385 § 66)
Prior revisions: 1929 § 36; 1919 § 35; 1909 § 43
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.133 - Administrator during minority or absence.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.133. Administrator during minority or absence. —
If the executor named in a will is a minor or absent from the state, letters may be granted, during the time of minority or absence, to some other person who shall take charge of the property and administer the same according to law, under the direction of the court.
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(RSMo 1939 § 13, A.L. 1955 p. 385 § 67)
Prior revisions: 1929 § 13; 1919 § 13; 1909 § 21
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.137 - Administrator pending contest, appointed when — duties.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 02 Jan 1979, see footnote
473.137. Administrator pending contest, appointed when — duties. —
1. If the validity of a will is contested by any person who, after a hearing in the probate division, is found to be interested in the probate of the will, the court shall grant letters of administration to the executor named in the will, if he has no beneficial interest in the estate save the compensation allowed by law to executors, upon giving bond in such amount as the court may require.
2. If, after such hearing, it appears that the executor named in the will has an interest adverse to any such contestant of the will, the court may, in its discretion, grant letters of administration to some disinterested person or corporation, who shall give proper bond.
3. An administrator appointed pursuant to this section shall proceed with the administration of the estate until termination of the will contest, at which time he shall account to the executor or legal administrator when qualified, and, if it shall appear to the court that the decedent died possessed of real estate in the state, the court shall direct him to take charge of and manage such real estate until the termination of such will contest.
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(RSMo 1939 § 14, A.L. 1955 p. 385 § 68, A.L. 1978 H.B. 1634)
Prior revision: 1929 § 14
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 473.139 - Resignation by executor or administrator, procedure, effect.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1957
473.139. Resignation by executor or administrator, procedure, effect. —
Upon petition of an executor or administrator, and after the filing of his final settlement as required by subdivision (3) of subsection 2 of section 473.540, the court, for good cause shown, may permit him to resign and upon accepting his resignation shall revoke his letters. The effect of the resignation and revocation is the same as in other cases of revocation of letters. The petition may be heard without notice or after giving notice to the persons and in the manner directed by the court.
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(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 473.140 - Removal of personal representative.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1983
473.140. Removal of personal representative. —
If any personal representative becomes mentally incapacitated or is convicted of a felony or other infamous crime, or becomes an habitual drunkard, or in any manner incapable or unsuitable to execute the trust reposed in him, or fails to discharge his official duties, or wastes or mismanages the estate, or acts so as to endanger any corepresentative, or fails to answer any citation and attachment to make settlement, the court, upon its own motion, or upon complaint in writing made by any person interested supported by affidavit, after notice to the personal representative, and to the attorney of record, if any, of any personal representative who cannot be served with notice in this state, shall hear the matter and may revoke the letters granted.
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(RSMo 1939 §§ 10, 43, A.L. 1955 p. 385 § 69, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 §§ 10, 43; 1919 §§ 10, 42; 1909 §§ 18, 50
(1962) Administrator was guilty of breach of trust and properly removed where estate was grossly mismanaged and could have been settled in 2 years but was delayed for 7 years, during which time only 3 settlements were filed though no extension of time was obtained. Credits were properly disallowed for expenses caused by administrator's mismanagement and delay. In re Alexander's Estate (Mo.), 360 S.W.2d 92.
(1975) Moving to another state is not equivalent to becoming a "nonresident" absent intent to remain there. In re Estate of Ritter (A.), 518 S.W.2d 453.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.143 - Revocation of letters on finding will.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.143. Revocation of letters on finding will. —
1. If, after letters of administration are granted, a will of the deceased is found, and probate thereof granted, the letters shall be revoked, and letters testamentary granted.
2. If a will is proved, and letters thereon granted, and the probate thereof is afterward set aside, the letters shall be revoked, and other letters granted of the goods unadministered.
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(RSMo 1939 §§ 40, 41, A.L. 1955 p. 385 § 70)
Prior revisions: 1929 §§ 40, 41; 1919 §§ 39, 40; 1909 §§ 47, 48
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.147 - Administrator d.b.n., when appointed.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.147. Administrator d.b.n., when appointed. —
1. If all the executors or the administrator of an estate die or resign or their letters are revoked, letters of administration of the goods remaining unadministered shall be granted in the discretion of the court to any qualified beneficiary or beneficiaries mentioned in the will, if any, or to any person to whom administration could have been granted if original letters had not been obtained.
2. If, after final settlement of an estate is had and the executor or administrator has been discharged, unadministered assets of the estate are discovered, letters of administration of the goods remaining unadministered, if there are unpaid allowed claims or if other good cause is shown, may be granted to those to whom administration would have been granted if the original letters had not been obtained. Any person to whom such letters are granted shall make his final settlement and be discharged as soon as possible after letters are granted.
3. Any administrator appointed under this section shall perform like duties and incur like liabilities as a former executor or administrator.
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(RSMo 1939 § 47, A.L. 1955 p. 385 § 71)
Prior revisions: 1929 § 47; 1919 § 46; 1909 § 54
(1977) Discovery of unadministered assets standing alone is not sufficient to bring about operation of the statute. Matter of the Estate of Waller (A.), 559 S.W.2d 312.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.150 - Remaining executor or administrator to continue.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.150. Remaining executor or administrator to continue. —
If there is more than one executor of an estate, and the letters of part of them are revoked or surrendered, or part of them dies, those who remain shall discharge all the duties required by law respecting the estate, except that the court, if it finds same to be in the interests of the estate, may revoke the letters testamentary of the surviving executor, and issue letters of administration with the will annexed to the survivor and some other qualified person to whom administration could have been granted if original letters had not been issued.
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(RSMo 1939 § 46, A.L. 1955 p. 385 § 72)
Prior revisions: 1929 § 46; 1919 § 45; 1909 § 53
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.155 - Compensation of accountants and attorneys (first class counties and St. Louis City).

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1989
473.155. Compensation of accountants and attorneys (first class counties and St. Louis City). —
1. In all counties of the first class and St. Louis City, other provisions of law notwithstanding, attorneys performing services for the estate at the instance of the personal representative shall be allowed out of the estate as the minimum compensation for their services sums equal to the percentages set forth in the schedule contained in subsection 1 of section 473.153. In any case where reasonable compensation to the attorneys is in excess of the minimum provided in the schedule the court shall allow such additional compensation as will make the compensation of the attorneys reasonable and adequate. Performance by the attorneys of extraordinary service is not necessary to entitle them to such additional compensation.
2. If the personal representative is an attorney, no allowance shall be made for legal services performed by him or at his instance unless such services are authorized by the will or by order of the court or are consented to by all heirs and devisees whose rights may be adversely affected by the allowance. In addition, when one member of a law firm or professional corporation serves as personal representative of the estate and another member of the same law firm or professional corporation serves as the attorney for the estate, only one fee as set forth in subsection 1 of section 473.153 shall be allowed.
3. A personal representative may employ independent accountants, certified public accountants, or tax specialists holding a valid permit to practice before the United States Treasury Department to assist him in filing estate tax returns, federal and state income tax returns, or establishing records of account and reporting on financial results in those estates requiring this service and such person shall be allowed reasonable compensation for such service as determined by the court. If the personal representative is a certified public accountant, tax specialist holding a valid permit to practice before the United States Treasury Department or an independent accountant, no allowance shall be made for accountant services performed by him or at his instance unless such services are authorized by will or by order of the court or are consented to by all heirs and devisees whose rights may be adversely affected by the allowance. In addition, when one member of an accounting firm or professional corporation serves as an accountant for the estate, only one fee as set forth in subsection 1 of this section will be allowed.
4. Nothing in subsection 2 of this section shall apply to attorneys employed by any duly elected public administrator who is an attorney.
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(L. 1965 p. 634 §§ 1, 2, 3, A.L. 1980 S.B. 637, A.L. 1989 H.B. 145)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.157 - Bond of personal representative — conditions of bond.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.157. Bond of personal representative — conditions of bond. —
1. Except as provided in section 473.160, every personal representative, before entering upon the duties of his office, shall execute and file a bond, approved by the judge or the clerk, procured at the expense of the estate, with sufficient security, in an amount fixed by the judge or clerk for the protection of interested parties.
2. The condition of the bond shall be as follows:
"The condition of the bond is that if ______ personal representative of the estate of ______, deceased, shall faithfully administer said estate, account for, pay and deliver all money and property of said estate and perform all other things touching said administration required by law, or the order or decree of any court having jurisdiction, then the above bond to be void; otherwise to remain in full force."
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(RSMo 1939 §§ 18, 19, A.L. 1955 p. 385 § 74, A.L. 1980 S.B. 637)
Prior revisions: 1929 §§ 18, 19; 1919 §§ 17, 19; 1909 §§ 25, 26
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 473.160 - Bond not required, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1985
473.160. Bond not required, when. —
1. When, by the terms of the will, the testator expresses a wish that no bond be required of the personal representative, no bond shall be required unless the court, in its discretion, finds it proper to require it; but the court, in its discretion, may at any subsequent time require a bond to be given.
2. Any assets of an estate may be deposited at any time with a depositary upon such terms as may be prescribed by order of the court and the amount of the bond of the personal representative may be reduced in proportion to the value of the assets deposited. Such assets may not thereafter be withdrawn from deposit without an order of the court which may also require that an additional bond be filed and approved before the withdrawal.
3. No bond shall be required of any corporation which at the time of its appointment by the court as personal representative has a certificate of the director of finance of the state of Missouri that such corporation has complied with the provisions of section 362.590.
4. No bond shall be required if the court, upon good cause shown, finds that a bond is not required for the protection of interested parties.
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(L. 1955 p. 385 § 75, A.L. 1971 S.B. 163, A.L. 1980 S.B. 637, A.L. 1985 S.B. 35, et al.)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.163 - Agreements with surety as to deposit of assets.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.163. Agreements with surety as to deposit of assets. —
It is lawful for the executor or administrator to agree with his surety for the deposit of any or all moneys and other assets of the estate with a bank, safe deposit or trust company, authorized by law to do business as such, or other depositary approved by the court, if such deposit is otherwise proper, in such manner as to prevent the withdrawal of the moneys or other assets without the written consent of the surety, or on order of the court made on such notice to the surety as the court may direct.
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(L. 1955 p. 385 § 76)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.167 - Execution of bond.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.167. Execution of bond. —
Each bond shall be signed by the executor or administrator and his surety and shall be acknowledged before the judge or clerk or before some officer authorized to take acknowledgments of deeds and a certificate of the acknowledgment shall be endorsed thereon.
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(RSMo 1939 § 22, A.L. 1955 p. 385 § 77)
Prior revisions: 1929 § 22; 1919 § 21; 1909 § 29
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.170 - Obligees of bond — liability of surety.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.170. Obligees of bond — liability of surety. —
The bond of the executor or administrator shall run to the state of Missouri to the use of all persons interested in the estate and shall be for the security and benefit of such persons. The sureties shall be jointly and severally liable with the executor or administrator and with each other.
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(L. 1955 p. 385 § 78)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.173 - Bond of joint executors or administrators.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.173. Bond of joint executors or administrators. —
When two or more persons are appointed executors or administrators of the same estate and are required to give a bond, the court may require either a separate bond from each or one bond from all of them, and none shall act or intermeddle in the estate except those giving bond as required by the court.
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(L. 1955 p. 385 § 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 473.177 - Affidavit of personal sureties.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.177. Affidavit of personal sureties. —
Each personal surety shall execute and file with the court an affidavit that he owns property subject to execution, of a value over and above his liabilities, equal to the amount of the bond, and shall include in such affidavit the total amount of his obligations as surety on other official or statutory bonds. The affidavit shall be attached to and kept with the bond in the files of the court.
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(L. 1955 p. 385 § 80)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.180 - Persons not acceptable as sureties.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.180. Persons not acceptable as sureties. —
No judge of probate, sheriff, marshal, clerk of a court, or deputy of either, and no attorney at law, shall be taken as surety for any executor or administrator.
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(RSMo 1939 § 21, A.L. 1955 p. 385 § 81)
Prior revisions: 1929 § 21; 1919 § 20; 1909 § 28
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.183 - Approval of bond.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.183. Approval of bond. —
The judge or clerk shall examine and approve or reject the bond of each executor or administrator and the approval or rejection thereof shall be endorsed thereon and entered on the records of the court. In the case of personal sureties, the judge or clerk shall take special care to accept as sureties, only those who are solvent and sufficient and who are not bound in too many other bonds. Before giving approval, the judge or clerk may take testimony or examine on oath the applicant or persons offered as his sureties as to the value and character of the assets of the personal surety. If the bond is rejected the executor or administrator, within such time as the judge, or in his absence, the clerk directs, shall give a bond with satisfactory sureties.
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(RSMo 1939 §§ 22, 24, 25, A.L. 1955 p. 385 § 82)
Prior revisions: 1929 §§ 22, 24, 25; 1919 §§ 21, 23, 24; 1909 §§ 29, 31, 32
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.187 - Bond valid though rejected.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.187. Bond valid though rejected. —
Any bond taken by the clerk is valid until a new bond is given, notwithstanding its subsequent rejection by the court.
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(RSMo 1939 § 26, A.L. 1955 p. 385 § 83)
Prior revisions: 1929 § 26; 1919 § 25; 1909 § 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 473.190 - Sufficiency of bond to be shown on settlements.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.190. Sufficiency of bond to be shown on settlements. —
Whenever a final settlement is not made within one year, the court, before extending the time for making such settlement and before approving any annual settlement thereafter made, shall require the executor or administrator to establish the sufficiency of his bond and if the court has reason to believe that any surety thereon has become a nonresident of the state or has died or become insolvent or if, for any reason, the bond appears insufficient the court shall direct the executor or administrator to give new or additional security.
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(RSMo 1939 § 22, A.L. 1955 p. 385 § 84)
Prior revisions: 1929 § 22; 1919 § 21; 1909 § 29
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.193 - Inquiry into condition of sureties — order for new bond.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.193. Inquiry into condition of sureties — order for new bond. —
If the judge has reasonable grounds to believe that a surety on the bond of any executor or administrator has died, removed from the state or is or likely to become insolvent or that the principal on the bond is likely to become insolvent or is wasting the estate or that the bond was not taken according to law, he at any time, either on his own motion or on the motion of an interested party, including a surety, may set a time and place for examination into the matters and shall give notice thereof to the principal in the bond. The court, after such hearing, may direct the executor or administrator to give another bond.
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(RSMo 1939 §§ 27, 28, 29, 32, A.L. 1955 p. 385 § 85)
Prior revisions: 1929 §§ 27, 28, 29, 32; 1919 §§ 26, 27, 28, 31; 1909 §§ 34, 35, 36, 39
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.197 - Court may require, increase or decrease bond, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.197. Court may require, increase or decrease bond, when. —
The court may require bond, or increase or decrease the amount of the bond of the personal representative when good cause therefor appears. The clerk shall inquire into the adequacy of the bond upon the filing of an inventory, appraisement or settlement or when real estate is sold, mortgaged, leased or taken possession of under order of court and, if the bond is found to be in an amount in excess of or less than that last fixed under section 473.157, the court shall enter an order requiring an additional bond or reducing the penalty of the existing bond.
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(L. 1955 p. 385 § 86, 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 473.200 - Letters revoked on failure to give bond.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.200. Letters revoked on failure to give bond. —
If an executor or administrator fails to give a bond as required by the court, within the time fixed by the court, his letters shall be revoked.
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(RSMo 1939 §§ 31, 32, A.L. 1955 p. 385 § 87)
Prior revisions: 1929 §§ 31, 32; 1919 §§ 30, 31; 1909 §§ 38, 39
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.203 - Effect of new bond.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.203. Effect of new bond. —
Any bond given to replace a former bond, when given and approved, discharges the former sureties from any liabilities arising from any misconduct of the principal after the filing of same, and the former sureties are only liable for misconduct which happened prior to the giving of the new bond. The executor or administrator shall be required to file an account of his administration to the date of the new bond. The new bond binds the sureties thereon with respect to acts and omissions of the executor or administrator from the time when the sureties on the original bond are no longer liable therefor, or from such prior time as the court directs.
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(RSMo 1939 § 30, A.L. 1955 p. 385 § 88)
Prior revisions: 1929 § 30; 1919 § 29; 1909 § 37
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.207 - Execution of bond deemed appearance by surety — procedure on breach of obligation of bond.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.207. Execution of bond deemed appearance by surety — procedure on breach of obligation of bond. —
1. The execution of the bond of a personal representative is deemed an appearance by the surety in the proceeding for the administration of the estate including all hearings with respect to the bond.
2. On breach of the obligation of the bond of the personal representative, the court, after notice to the obligors in the bond and to such other persons as the court directs, may summarily determine the damages as a part of the proceeding for the administration of the estate, and by appropriate process enforce the collection thereof from those liable on the bond. The determination and enforcement may be made by the court upon its own motion or upon application of a successor personal representative, or of any other personal representative, or of any other interested person. The court may hear the application at the time of settling the accounts of the defaulting personal representative or at such other time as the court may direct. Damages shall be assessed on behalf of all interested persons and may be paid over to the successor or other nondefaulting personal representative and distributed as other assets held by the personal representative in his official capacity.
3. If the court has already determined the liability of the personal representative, a surety shall not be permitted thereafter to deny liability in any action or hearing to determine their liability; but the surety may intervene in any hearing to determine the liability of the personal representative.
4. The provisions of subsections 1, 2, and 3 of this section shall apply to a depositary which has executed a certification pursuant to section 473.160.
5. In assessing damages pursuant to this section, the court may apportion the losses sustained between the depositary and the obligors on the bond of the personal representative on the following basis:
(1) Those damages sustained as a result of the failure of the depositary to hold the assets delivered to it in restricted custody shall be assessed against the depositary and the personal representative, together with that proportion of the consequential damages determined to have resulted by reason of such failure;
(2) All other damages sustained as a result of the breach of the obligation of the bond shall be assessed against the obligors on the bond.
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(L. 1955 p. 385 § 89, 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 473.210 - Successor may sue on bond.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.210. Successor may sue on bond. —
The succeeding administrator, or remaining executor or administrator, may proceed in any court having jurisdiction in civil actions against an executor or administrator and his sureties, or either of them or against any other person possessed of any part of the estate.
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(RSMo 1939 § 55, A.L. 1955 p. 385 § 90)
Prior revisions: 1929 § 55; 1919 § 54; 1909 § 62
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.213 - Limitations on suits.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 23 May 1996, see footnote
473.213. Limitations on suits. —
Proceedings upon the bond of a personal representative shall not be brought subsequent to one year after the personal representative's discharge.
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(L. 1955 p. 385 § 91, A.L. 1996 S.B. 494)
Effective 5-23-96
(1963) In suit for accounting brought by heir at law against originally appointed administratrix, the succeeding administrator de bonis non, and the surety on bond of administratrix, statute of limitations, applicable would be section 516.120(5) rather than section 473.213 since the suit appeared to be action for relief on ground of fraud and not a suit on the surety bond. Stark v. Cole (A.), 373 S.W.2d 473.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.217 - Action on bond generally.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.217. Action on bond generally. —
The bond of an executor or administrator may be sued on at the instance of any party injured, in the name of the state, to the use of such party, for waste or mismanagement of the estate, or other breach of the conditions of the bond; and damages shall be assessed thereon as on bonds with collateral conditions.
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(RSMo 1939 § 281, A.L. 1955 p. 385 § 92)
Prior revisions: 1929 § 282; 1919 § 280; 1909 § 287
(1963) Suit for accounting by heir at law against originally appointed administratrix, the succeeding administrator de bonis non, surety on bond of administratrix was properly brought in heir's own name since plaintiff's case was bottomed on allegations of fraud occurring after the surety had performed its obligation under the bond by paying sum to the estate and cause of action was one personal to plaintiff. Stark v. Cole (A.), 373 S.W.2d 473.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.220 - Inventory and appraisement.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 02 Jan 1979, see footnote
473.220. Inventory and appraisement. —
Within thirty days after letters are granted on the estate of a deceased member of any partnership, the surviving partner or partners shall file a verified inventory of the partnership in the probate division in which letters are issued on the estate, to be a part of the court records of the administration of the decedent's estate. If no letters are issued on the decedent's estate in this state the surviving partners shall file the inventory within sixty days after the death of a partner in the probate division of the circuit court of the county of which the decedent was a resident at the time of his death or, if a nonresident, in the probate division of the circuit court of the county in which the partnership had its principal business office in this state, the inventory to be indexed under the name of the deceased partner and also the name of the partnership and to be a part of the court records of the administration of the partnership. The inventory shall state the proportionate share of the deceased partner, the aggregate value of the assets of the partnership and the aggregate of its liabilities, but no detailed list of assets or liabilities is required unless ordered by the court. Upon the verified petition of any interested party or on its own motion the court, in its discretion, may order the surviving partners to file a detailed list of assets and liabilities of the partnership and it also may order that the assets of the partnership be appraised as provided by law for the appraisal of the assets of a decedent. On the request of any surviving partner, the court may issue a certificate reciting that he has filed an inventory of the assets of the partnership in accordance with this section and that he will be held to account to the executor or administrator of the estate of the decedent in accordance with the Uniform Partnership Law.
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(L. 1955 p. 385 § 93, A.L. 1957 p. 829, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.223 - Settlement.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 02 Jan 1979, see footnote
473.223. Settlement. —
The surviving partner may continue in possession of the partnership estate, pay its debts, and settle its business, shall account to the executor or administrator of the estate of the decedent, and shall pay over such balances as from time to time are payable to him. Upon the verified petition of the executor or administrator or on its own motion the probate division whenever it appears necessary may order the surviving partner to account to the court.
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(L. 1955 p. 385 § 94, 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 473.227 - Security.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 02 Jan 1979, see footnote
473.227. Security. —
If the surviving partner commits waste or if it appears to the court that it is for the best interest of the estate of the decedent, the probate division may order the surviving partner to give security for the faithful settlement of the partnership affairs and the payment to the executor or administrator of any amount due the estate.
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(L. 1955 p. 385 § 95, A.L. 1978 H.B. 1634)
Effective 1-02-79