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 473.741 - County governing body may authorize additional compensation, when — maximum allowed — additional compensation to terminate, when (certain first class counties).

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1983
473.741. County governing body may authorize additional compensation, when — maximum allowed — additional compensation to terminate, when (certain first class counties). —
1. In addition to the compensation otherwise authorized by law for public administrators in first class counties not having a charter form of government and containing a portion of a city having a population of four hundred thousand or more inhabitants, the governing body of each of such counties may authorize additional compensation for the public administrator to be paid from county funds. Total compensation for each such public administrator, including any compensation authorized under this section, shall not exceed thirty-four thousand dollars per annum.
2. Prior to February 1, 1984, and thereafter prior to February first in each year in which a general election will be held at which public administrators will be elected, the governing body of each county defined in subsection 1 of this section shall establish the additional compensation to be paid the public administrator under this section for the ensuing term of office, and such additional compensation shall be paid the public administrator throughout such ensuing term of office.
3. All provisions of this section which authorize the granting of additional compensation for public administrators in the counties defined in subsection 1 of this section shall terminate upon the issuance of an opinion by the Missouri supreme court which would result in the state of Missouri being obligated or required to pay any such additional compensation even though such additional compensation is formally approved or authorized by the governing body of a county.
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(L. 1983 S.B. 57 § 4)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.743 - Duty of public administrator to take charge of estates, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 2017, 3 histories
473.743. Duty of public administrator to take charge of estates, when. —
Upon appointment by the probate court, it shall be the duty of the public administrator to take into his or her charge and custody the estates of all deceased persons, and the estates of all minors, and the estates or person and estate of all incapacitated persons in his or her county, in the following cases:
(1) When a stranger dies intestate in the county without relations, or dies leaving a will, and the personal representative named is absent, or fails to qualify;
(2) When persons die intestate without any known heirs;
(3) When persons unknown die or are found dead in the county;
(4) When money, property, papers or other estate are left in a situation exposed to loss or damage, and no other person administers on the same;
(5) When any estate of any person who dies intestate therein, or elsewhere, is left in the county liable to be injured, wasted or lost, when the intestate does not leave a known husband, widow or heirs in this state;
(6) The estates of all minors whose parents are dead, or, if living, refuse or neglect to qualify as conservator, or, having qualified have been removed, or are, from any cause, incompetent to act as such conservator, and who have no one authorized by law to take care of and manage their estate;
(7) The estates or person and estate of all disabled or incapacitated persons in his or her county who have no legal guardian or conservator, and no one competent to take charge of such estate, or to act as such guardian or conservator, can be found, or is known to the court having jurisdiction, who will qualify;
(8) Where from any other good cause, the court shall order him to take possession of any estate to prevent its being injured, wasted, purloined or lost;
(9) The public administrator shall act as trustee when appointed by the circuit court or the probate division of the circuit court.
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(RSMo 1939 § 299, A.L. 1983 S.B. 44 & 45, A.L. 2007 S.B. 22 merged with S.B. 497, A.L. 2009 H.B. 481, A.L. 2017 S.B. 111 merged with S.B. 112)
Prior revisions: 1929 § 299; 1919 § 296; 1909 § 302
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.748 - Unenforceability of certain contract provisions requiring a public administrator to be personally responsible for debt or account of a ward or protectee.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 2006
473.748. Unenforceability of certain contract provisions requiring a public administrator to be personally responsible for debt or account of a ward or protectee. —
1. As used in this section, the terms conservator, guardian, protectee, and ward shall have the same definitions as in section 475.010.
2. Any term, provision, consideration, or covenant in any contract for treatment, goods, or services shall be unenforceable if such term, provision, consideration, or covenant requires a public administrator who is acting as a guardian or conservator to personally pay, assume, or guarantee the debt or account of a ward or protectee.
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(L. 2006 S.B. 932)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.750 - Powers and duties under administration law.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1983
473.750. Powers and duties under administration law. —
In addition to the provisions of sections 473.730 to 473.767, he and his securities shall have the same powers as are conferred upon, and be subject to the same duties, penalties, provisions and proceedings as are enjoined upon or authorized against personal representatives, guardians and conservators by chapters 472 to 475, so far as the same may be applicable. He shall have power to administer oaths and affirmations in all matters relating or belonging to the exercise of his office.
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(RSMo 1939 § 300, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 300; 1919 § 297; 1909 § 303
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.753 - Notice of administration, when and how given — penalty for failure.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 02 Jan 1979, see footnote
473.753. Notice of administration, when and how given — penalty for failure. —
It shall be the duty of every public administrator immediately upon taking charge of any estate, except those of which he shall have taken charge under the order of the court, for the purpose of administering the same, to file a notice of the fact in the office of the clerk of the court. If any public administrator shall fail to file the notice provided for in this section, he shall forfeit and pay to the persons entitled to the estate a sum not exceeding two hundred dollars, to be recovered before said court, on motion, and after reasonable notice thereof to said public administrator; and said court may, in its discretion, remove such public administrator from office.
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(RSMo 1939 § 302, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 302; 1919 § 299; 1909 § 305
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 473.757 - Civil officers to inform public administrator as to property, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1939
473.757. Civil officers to inform public administrator as to property, when. —
It shall be the duty of all civil officers to inform the public administrator of all property and estate known to them which is liable to loss, waste or injury, and which by law ought to be in the possession of the public administrator.
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(RSMo 1939 § 303)
Prior revisions: 1929 § 303; 1919 § 300; 1909 § 306
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.760 - Shall prosecute necessary suits.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1983
473.760. Shall prosecute necessary suits. —
The public administrator shall institute all manner of suits and prosecutions that may be necessary to recover the property, debts, papers or other estates of the person deceased, or of any minor, or disabled person, in his charge or custody.
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(RSMo 1939 § 304, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 304; 1919 § 301; 1909 § 307
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.763 - Court may order public administrator to account to successor, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 02 Jan 1979, see footnote
473.763. Court may order public administrator to account to successor, when. —
The court may at any time, for good cause shown, order the public administrator to account for and deliver all money, property or papers belonging to any estate in his hands to his successor in office, or to the heirs of said estate, or to any executor or administrator regularly appointed, as provided by law.
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(RSMo 1939 § 305, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 305; 1919 § 302; 1909 § 308
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 473.767 - Public administrator, duties after expiration of term — duties prior to expiration of term, certain counties.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 2000
473.767. Public administrator, duties after expiration of term — duties prior to expiration of term, certain counties. —
1. In counties operating under fee retention, the public administrator shall before the first court day after the expiration of one year after their successor in office has qualified, file a final settlement as required by section 473.540 for all estates in their charge as public administrator in which final settlement can be made. On the first court day after the expiration of one year after the election of a successor to the public administrator, the judge of the probate division, upon the judge's own motion, shall order the public administrator to account for and deliver all money, property, or papers belonging to all estates in his or her hands in which final settlement cannot be made, to the successor in office, or to the heirs of any estate, or to any executor or administrator regularly appointed, and such accounting and delivery shall be accomplished during the sixty days next thereafter.
2. In counties where the public administrator is paid a salary, the public administrator shall deliver property and make necessary filings as required in this section prior to leaving his or her term of office.
3. Notwithstanding the provisions of subsection 1 of this section, the former public administrator or their legal representative, upon approval and order of the judge of the probate division of the circuit court having jurisdiction over the estates in which the former public administrator has been appointed personal representative, guardian or conservator, shall turn over the administration of the estates to the successor public administrator. A copy of the annual account of each estate in part covering the term of the former public administrator shall be filed with the probate division by the successor public administrator and the successor public administrator shall be charged with the assets and liabilities shown thereby.
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(RSMo 1939 § 301, A.L. 1955 p. 385 § 232, A.L. 1978 H.B. 1634, A.L. 1981 S.B. 423, A.L. 1987 S.B. 65, et al., A.L. 1989 S.B. 181, A.L. 1990 S.B. 596, A.L. 1992 S.B. 817, A.L. 1993 S.B. 88, A.L. 1998 S.B. 764, A.L. 2000 S.B. 542)
Prior revisions: 1929 § 301; 1919 § 298; 1909 § 304
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.773 - Public administrator and sureties liable for acts of deputies.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1957
473.773. Public administrator and sureties liable for acts of deputies. —
The public administrator and the sureties upon his bond as public administrator and the sureties on any other bonds given specially for separate estates, shall be liable for any loss occasioned by any wrongful, illegal or negligent act or omission of any deputy acting under such authority or by color of his authority as such deputy, to the same extent and in the same manner as if the wrongful, illegal or negligent act or omission had been committed, permitted or suffered by the public administrator personally.
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(L. 1957 p. 869 § 3)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.775 - Staff to be deemed county employees — full-time staff may be provided for certain administrators.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 2000
473.775. Staff to be deemed county employees — full-time staff may be provided for certain administrators. —
1. Any full-time staff of any public administrator's office employed on or after January 1, 2001, who is not an employee of the county for purposes of hiring, retirement, benefits and other laws applicable to county employees shall be deemed an employee after January 1, 2001. Any full-time staff of the office of the public administrator for the city of St. Louis on or after January 1, 2001, shall be considered an employee of the city of St. Louis for purposes of hiring, retirement, benefits and other laws applicable to the city of St. Louis employees.
2. Each public administrator with fifty or more cases may be provided with full-time staff paid for by the county or for St. Louis City, paid for by the city of St. Louis.
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(L. 2000 S.B. 542 § 1)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.780 - Independent administration, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.780. Independent administration, when. —
1. When a will admitted to probate authorizes or directs independent administration, either by specific reference to this section or by language providing that the estate be administered without adjudication, order or direction of the court, the letters testamentary shall provide that the personal representative therein named may administer the estate independently. When a will admitted to probate prohibits independent administration, expressly or by language manifesting intent that the estate be administered under court supervision, the directions of the will shall be observed.
2. When all of the heirs interested in an intestate estate or all of the devisees interested in a testate estate, or all of the heirs and devisees interested in a partially intestate estate, consent to independent administration, and the will does not prohibit it, the letters testamentary or of administration shall provide that the personal representative therein named may administer the estate independently.
3. When one or more of the heirs or devisees whose consent to independent administration is required by subsection 2 is or are under disability, and all of the other heirs or devisees whose consent is required consent to independent administration, the court may grant letters testamentary or of administration which provide that the personal representative therein named may administer the estate independently. The court shall not appoint a guardian ad litem for the purpose of consent to or consideration of an application for independent administration.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.783 - Notice of independent administration, contents.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.783. Notice of independent administration, contents. —
After letters testamentary or of administration authorizing independent administration of an estate are issued, the notice required by section 473.033 shall contain a paragraph in substantially the following form:
"The personal representative may administer the estate independently, without adjudication, order, or direction of the probate division of the circuit court, unless a petition for supervised administration is made to and granted by the court."
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.787 - Duties of personal representative in independent administration — attorney required, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 2006
473.787. Duties of personal representative in independent administration — attorney required, when. —
1. While letters testamentary or of administration authorizing independent administration of the estate are in force, the personal representative therein named is an independent personal representative and his administration of the estate is an independent administration, and all actions taken on or after August 28, 1996, shall be in accordance with the provisions of the Missouri prudent investor act, sections 469.900 to 469.913.
2. An independent personal representative shall proceed expeditiously with the settlement and distribution of the estate in accordance with the applicable provisions of this chapter and, except as otherwise specified by the provisions of sections 473.780 to 473.843, shall do so without adjudication, order, or direction of the court, but he may invoke the jurisdiction of the court, in proceedings authorized by this code, to resolve questions concerning the estate or its administration or distribution.
3. Unless he is a member in good standing of the Missouri bar, an independent personal representative, because he owes a fiduciary duty to the persons interested in the estate, shall secure the advice and services of an attorney, who is not a salaried employee of the personal representative, on legal questions arising in connection with:
(1) The application for and issuance of letters testamentary or of administration;
(2) The collection, investment and preservation of assets;
(3) The inventory;
(4) The allowance, disallowance, compromise and payment of claims;
(5) The making of tax returns;
(6) The transfer and encumbrance of property of the estate;
(7) The interpretation of the will and of the intestacy laws;
(8) The scheme and making of distribution; and
(9) The closing of the estate.
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(L. 1980 S.B. 637, A.L. 1996 H.B. 1432, A.L. 2006 S.B. 892)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.793 - Inventory of property by independent personal representative.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.793. Inventory of property by independent personal representative. —
Within thirty days after his appointment, an independent personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare and file in the court an inventory of property owned by the decedent at the time of his death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, and the type and amount of any encumbrance that may exist with reference to any item. The independent personal representative shall send a copy of the inventory to interested persons who request it.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.797 - Independent personal representative may employ appraisers, attorney, accountant or tax specialist.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.797. Independent personal representative may employ appraisers, attorney, accountant or tax specialist. —
1. An independent personal representative may employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The name and address of any appraiser shall be indicated on the inventory with the item or items he appraised.
2. An independent personal representative may employ an attorney, certified public accountant or tax specialist holding a valid permit to practice before the U.S. Treasury Department to assist him in the preparation of any estate tax return or any federal and state income tax returns and such person shall be allowed out of the estate reasonable compensation for such services. An independent personal representative may also employ independent accountants to assist him in filing 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 out of the estate reasonable compensation for such service.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.800 - Supplementary inventory, when required — copies to interested persons.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1983
473.800. Supplementary inventory, when required — copies to interested persons. —
If any property of substantial value not included in the original inventory comes to the knowledge of an independent personal representative, or if the independent personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court. The independent personal representative shall send a copy of any supplementary inventory to interested persons at their request.
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(L. 1980 S.B. 637, A.L. 1983 H.B. 369)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.803 - Independent personal representative's right to decedent's property — exceptions — duties.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.803. Independent personal representative's right to decedent's property — exceptions — duties. —
Except as otherwise provided by a decedent's will, every independent personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the independent personal representative, possession of the property by him will be necessary for purposes of administration. The independent personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.811 - Dealing in good faith for value with independent representative protected — no duty to inquire — liability of independent personal representative.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1983
473.811. Dealing in good faith for value with independent representative protected — no duty to inquire — liability of independent personal representative. —
1. A person who in good faith deals with an independent personal representative for value is protected as if the independent personal representative properly exercised his power. The fact that a person knowingly deals with an independent personal representative does not require the person to inquire into the existence of a power or the propriety of its exercise.
2. No conveyance or transfer by the independent personal representative to a bona fide purchaser for a valuable consideration shall be set aside on the ground that the independent personal representative was not acting reasonably for the benefit of interested persons. Interested persons may recover from the independent personal representative any damages occasioned by failure of the independent personal representative to act reasonably for the benefit of interested persons.
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(L. 1983 H.B. 369)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.820 - Liability of personal representative.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.820. Liability of personal representative. —
1. Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate, unless he fails to reveal his representative capacity and identify the estate in the contract.
2. A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.
3. Claims based on contracts entered into by a personal representative in his fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in his fiduciary capacity, whether or not the personal representative is individually liable therefor.
4. Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge or indemnification, or other appropriate proceeding.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.823 - Compensation of independent personal representative and attorney.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 23 May 1996, see footnote
473.823. Compensation of independent personal representative and attorney. —
1. An independent personal representative is entitled to reasonable compensation for his services. The statutory schedule of compensation prescribed in section 473.153 shall be considered a minimum fee for services rendered. An independent personal representative may renounce his right to all or any part of the compensation. A written renunciation of fee may be filed with the court.
2. If the will provides for compensation of the independent personal representative, and there is no contract with the decedent regarding compensation, he may renounce the provisions before qualifying only if he also renounces the right to administer independently under subsection 1 of section 473.780. In the event of such renunciation, the administration shall be supervised unless independent administration is authorized under subsection 2 or 3 of section 473.780.
3. An independent personal representative's attorney shall be entitled to reasonable compensation for his services, but in no event shall the compensation of the independent personal representative or his attorney be in excess of the minimum prescribed by section 473.153, without authorization by the court. The schedule contained in such section shall be prima facie evidence of the reasonableness of the fees charged.
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(L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1996 S.B. 494)
Effective 5-23-96
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.827 - Review of compensation of independent personal representative and of employment and compensation of others, when — refunds, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.827. Review of compensation of independent personal representative and of employment and compensation of others, when — refunds, when. —
On petition of an interested person, and after notice to all interested persons, the propriety of employment of any person by an independent personal representative, including any attorney, auditor, appraiser, investment advisor, or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the independent personal representative for his own services may be reviewed by the court. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.830 - Court may restrain personal representative, when — petition — hearing — procedure.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.830. Court may restrain personal representative, when — petition — hearing — procedure. —
1. On petition of any person who appears to have an interest in the estate, the court, by temporary ex parte order, may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or from exercising any powers or discharging any duties of his office, or may make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties.
2. The matter shall be set for hearing within ten days unless the parties otherwise agree. Notice, as the court directs, shall be given to the personal representative and his attorney of record, if any, and to any other parties named defendant in the petition.
3. Procedure shall be in accordance with this code and the supreme court rule relating to injunctions.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.833 - Revocation of independent administration, when — petition — hearing — orders of court.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.833. Revocation of independent administration, when — petition — hearing — orders of court. —
1. An independent personal representative, or any interested person, may, at any time, file a petition to revoke the provisions of letters testamentary or of administration authorizing independent administration. The petitioner shall serve a copy of such petition on each interested person at the time the petition is filed with the court.
2. Upon the filing of such petition, the court shall determine the extent of petitioner's interest in the estate and, if it shall find that such interest is more than nominal, the court shall order a hearing on the petition, directing notice thereof to be given to all interested persons, and may specify the time within which such interested persons shall file answers to such petition. If, upon motion of any interested person, the court finds that the petitioner's interest is nominal, the court may dismiss the petition.
3. The court may enter such interlocutory orders as it deems necessary to protect the assets of the estate pending a full hearing, or to determine whether or not the independent personal representative has properly administered the estate.
4. After hearing on the petition, the court may enter an order directing supervised administration, or the court may deny the petition conditioned upon the performance of some act by the independent personal representative, or the court may grant such other relief as the court deems appropriate under the circumstances. If the court finds that the actions of the independent personal representative have resulted in loss to the estate, the court may, in addition to ordering supervised administration, remove the personal representative and enter a judgment against him and his sureties, if any, in accordance with the provisions of section 473.207.
5. After an order revoking authorization for independent administration has been entered, the administration of the estate shall proceed under the provisions of this chapter other than sections 473.780 to 473.843.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.837 - Settlement of estate, when — notice — distribution.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1982
473.837. Settlement of estate, when — notice — distribution. —
An independent personal representative may petition for an order of complete settlement of the estate. After notice is given pursuant to section 473.840 to all interested persons and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the independent personal representative from further claim or demand of any interested person.
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(L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.843 - Time for complete settlement or filing of statement of account — extension.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.843. Time for complete settlement or filing of statement of account — extension. —
Unless the time is extended by the court, an independent personal representative shall petition for an order of complete settlement under section 473.837, or file a statement of account under section 473.840, within one year after the original appointment of an independent personal representative of the estate. If he fails to do so, the court shall, upon application of any person interested in the estate, or upon its own motion, order the personal representative to close the estate or apply for an extension of time in which to do so.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.844 - Distribution in kind — deeds, evidentiary effect — improper distribution, liability of distributee, exceptions.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1983
473.844. Distribution in kind — deeds, evidentiary effect — improper distribution, liability of distributee, exceptions. —
1. If distribution in kind is made, the independent personal representative shall execute an instrument or deed of distribution assigning, transferring or releasing the assets to the distributee as evidence of the title of the distributee to the property.
2. Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from an independent personal representative, is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the independent personal representative may recover the assets or their value if the distribution was improper.
3. Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income since distribution if he has the property. If he does not have the property, then he is liable to return the value as of the date of disposition of the property improperly received and its income and gain received by him.
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(L. 1983 H.B. 369)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.845 - Interest of purchaser for value from, or lender to, distributee of property protected.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1983
473.845. Interest of purchaser for value from, or lender to, distributee of property protected. —
If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the independent personal representative, or is so acquired by a purchaser from or lender to a transferee from such distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order or the authority of the independent personal representative was terminated before execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as independent personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected under this provision, a purchaser or lender need not inquire whether an independent personal representative acted properly in making the distribution in kind, even if the independent personal representative and the distributee are the same person, or whether the authority of the independent personal representative had terminated before the distribution.
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(L. 1983 H.B. 369)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.015 - Failure to survive decedent by 120 hours deemed predecease of decedent — consequences.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• Effective - 10 Jun 1981, see footnote
474.015. Failure to survive decedent by 120 hours deemed predecease of decedent — consequences. —
1. Any person who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. If the time of death of the decedent, or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by one hundred twenty hours, it is deemed that the person failed to survive for the required period.
2. This section is not to be applied where its application would result in a taking of intestate estate by the state under section 474.010.
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(L. 1980 S.B. 637, A.L. 1981 S.B. 117)
Effective 6-10-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.020 - Lineals take per capita and per stirpes, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• Effective - 28 Aug 1955
474.020. Lineals take per capita and per stirpes, when. —
When several lineal descendants, all of equal degree of consanguinity to the intestate, or his father, mother, brothers and sisters, or his grandfathers, grandmothers, uncles and aunts, or any ancestor living and their children, come into partition, they shall take per capita, that is, by persons; where a part of them are dead, and part living, and the issue of those dead have a right to partition, such issue shall take per stirpes; that is, the share of the deceased parent.
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(RSMo 1939 § 310, A.L. 1955 p. 385 § 237)
Prior revisions: 1929 § 310; 1919 § 307; 1909 § 336
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.030 - Partial intestacy.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• Effective - 28 Aug 1955
474.030. Partial intestacy. —
If part but not all of the estate of a decedent is validly disposed of by will, the part not disposed of by will shall be distributed as provided herein for intestate estates.
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(L. 1955 p. 385 § 238)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.040 - Collaterals of half blood inherit, how.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 28 Aug 1955
474.040. Collaterals of half blood inherit, how. —
When the inheritance is directed to pass to the ascending and collateral kindred of the intestate, if part of the collaterals is of the whole blood of the intestate, and the other part of the half blood only, those of the half blood shall inherit only half as much as those of the whole blood; but if all collaterals are of the half blood, they shall have whole portions, only giving to the ascendants double portions.
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(RSMo 1939 § 309, A.L. 1955 p. 385 § 239)
Prior revisions: 1929 § 309; 1919 § 306; 1909 § 335
(1956) Descendant of child who was adopted by mother of deceased after her divorce from father of deceased held entitled to inherit from deceased as nephew of half blood. Vreeland v. Vreeland (Mo.), 296 S.W.2d 55.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.050 - Posthumous children to inherit.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 28 Aug 1955
474.050. Posthumous children to inherit. —
All posthumous children, or descendants, of the intestate shall inherit in like manner, as if born in the lifetime of the intestate; but no right of inheritance accrues to any person other than the children or descendants of the intestate, unless they are born and capable in law to take as heirs at the time of the intestate's death.
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(RSMo 1939 § 307, A.L. 1955 p. 385 § 240)
Prior revisions: 1929 § 307; 1919 § 304; 1909 § 333
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.060 - Determination of relationship of parent and child — adopted person is child of adopting parent, exception — illegitimate child, relationship determined.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 10 Jun 1981, 2 histories, see footnote
474.060. Determination of relationship of parent and child — adopted person is child of adopting parent, exception — illegitimate child, relationship determined. —
1. If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person, an adopted person is the child of an adopting parent and not of the natural parents, except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and such natural parent.
2. In cases not covered by subsection 1 herein, a person born out of wedlock is a child of the mother. That person is also a child of the father, if either of the following occur:
(1) The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void;
(2) The paternity is established by an adjudication before the death of the father, or is established thereafter by clear and convincing proof, except that the paternity established under this subdivision (2) is ineffective to qualify the father or his kindred to inherit from or through the child, unless the father has openly treated the child as his, and has not refused to support the child.
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(L. 1980 S.B. 637, A.L. 1981 S.B. 117)
Effective 6-10-81
(1985) Provisions of section are applicable for purposes of determining paternity in applications for Social Security survivor's benefits under 42 U.S.C. § 416(h)(2)(A). Greer by Greer v. Heckler (8th Cir.), 756 F.2d 794.