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 473.493 - Petition to sell, mortgage or lease real estate — notice — order.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1957
473.493. Petition to sell, mortgage or lease real estate — notice — order. —
1. An executor or administrator may file a petition to sell, mortgage or lease any real property belonging to the estate. The petition shall set forth the reason for the application and describe the property involved. It may apply for different authority as to separate parts of the property; or it may apply in the alternative for authority to sell, mortgage or lease. If the property is bound by the lien of a judgment or attachment, that fact shall be stated in the petition together with detailed information as to the date, amount and holder of the lien. Upon the filing of the petition, the court shall fix the time and place for the hearing thereof.
2. Notice of the hearing shall state briefly the nature of the application and shall be given to heirs and devisees whose names and addresses appear in the files or records of the case in the probate division of the circuit court and who are interested persons and to such other persons as the court directs. The notice shall be given by ordinary mail or by publication or both as ordered by the court. Publication, if any, shall be at least once each week for four consecutive weeks in accordance with section 472.100. Where service by publication is ordered, the hearing shall be held at the time specified in the notice which shall not be before the thirtieth day or later than the forty-second day after the date of the first insertion of the publication and, in other cases, the hearing shall be had at the time specified in the notice. For good cause shown on the date specified, or on a date to which the hearing is duly continued, the court may continue the hearing to a later date without further notice.
3. At the hearing and upon satisfactory proofs, the court may order the sale, mortgage or lease of the property described or any part thereof. When a claim secured by a mortgage on real property, under the provisions of this law, is payable at the time of distribution of the estate or prior thereto, the court with the consent of the mortgagee may, nevertheless, order the sale of the real property subject to the mortgage, but such consent releases the estate should a deficiency later appear.
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(L. 1955 p. 385 § 179, A.L. 1957 p. 829)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.497 - Creditor or other person may file petition, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.497. Creditor or other person may file petition, when. —
If the executor or administrator does not make such application, a creditor or other person interested in the estate may file a like petition, giving twenty days' notice to the executor or administrator. On the filing of the petition the court may order the executor or administrator to furnish such information and records as the court deems necessary. On the petition the court shall proceed in the same manner as provided in section 473.493.
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(RSMo 1939 § 145, A.L. 1955 p. 385 § 180)
Prior revisions: 1929 § 146; 1919 § 145; 1909 § 154
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.500 - Order for sale, mortgage or lease of property, content — duration — reappraisal, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.500. Order for sale, mortgage or lease of property, content — duration — reappraisal, when. —
The order shall describe the property to be sold, mortgaged or leased and may designate the sequence in which the several parcels shall be sold, mortgaged or leased. An order for sale shall direct whether the property shall be sold at private sale or public auction. If real property is to be sold at private sale it shall direct that the same shall not be sold for less than three-fourths of the appraised value; or if real property is to be leased, it shall direct that the same shall not be leased for less than the appraised rental value. If real property is to be mortgaged, it shall fix the maximum amount of principal, the maximum rate of interest, the earliest and latest date of maturity, and shall direct the purpose for which the proceeds shall be used. An order for sale, mortgage or lease shall remain in force until terminated by the court. The court may, if it finds that there is probable cause to believe that the value of the property has changed, order a reappraisal thereof.
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(L. 1955 p. 385 § 181, A.L. 1959 S.B. 141, 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 473.507 - Notice of public sale of real estate.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.507. Notice of public sale of real estate. —
In all public sales of real estate made under this law, the executor or administrator shall cause a notice containing a particular description of the real estate to be sold and the street address or approximate direction and distance from any city or town, and popular name thereof, if any, stating the time, place and terms of sale, to be published once a week for four consecutive weeks prior to the sale in some newspaper. The name of the estate shall be printed in capital letters in the notice. The notice shall be published in accordance with section 472.100 except that the newspaper in which publication is made must be published in the county in which the land is situated, or if there is none, in an adjoining county. Omission of or error in the street address or approximate direction or distance from any city or town or popular name, or any of them, shall not affect the validity of the notice.
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(RSMo 1939 § 159, A.L. 1955 p. 385 § 183)
Prior revisions: 1929 § 160; 1919 § 159; 1909 § 168
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.510 - Public sale of real estate, where made, adjournment.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.510. Public sale of real estate, where made, adjournment. —
1. All public sales of real estate, made by order of the court, shall be made at the courthouse door of the county in which the real estate is situated, or at such other place in the county as may be fixed by the court order, at the time specified in the notice, and shall be conducted openly by auction.
2. The executor or administrator may adjourn the sale from time to time, but not for longer than three months in all. Every adjournment shall be announced publicly at the time and place fixed for the sale.
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(RSMo 1939 § 160, A.L. 1955 p. 385 § 184)
Prior revisions: 1929 § 161; 1919 § 160; 1909 § 169
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.513 - Report of sale — objections — approval.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.513. Report of sale — objections — approval. —
1. Within ten days after making a sale, mortgage or lease of real estate, the executor or administrator shall make a full report of his proceedings, with the certificate of appraisement if a new appraisement is required by the court, and a copy of the advertisement, if a public sale, which report shall be verified by affidavit that he did not, directly or indirectly, purchase the real estate or any part thereof, or any interest therein, and that he is not interested in the property sold except as stated in the report. If the written consent of distributees to the purchase by the executor or administrator is filed as provided by section 473.477 the affidavit is not required. The report of sale shall remain on file ten days before being acted upon by the court.
2. A person interested in the estate desiring to object to confirmation may file objections in writing, setting forth the reasons therefor.
3. The court shall examine the report and if satisfied that the sale, mortgage or lease has been at the price and terms most advantageous to the estate and in all respects made in conformity with law and ought to be confirmed, shall approve the same and order the executor or administrator to make a deed, mortgage, lease or other proper instruments to the person entitled thereto.
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(RSMo 1939 § 162, A.L. 1955 p. 385 § 185)
Prior revisions: 1929 § 163; 1919 § 162; 1909 § 171
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.517 - New sale ordered, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.517. New sale ordered, when. —
If the report and proceedings of the executor or administrator are not approved by the court, his proceedings shall be void. When from any cause no sale, mortgage or lease is made, the court with or without further notice to heirs or devisees, may order a new sale, mortgage or lease upon which the same proceedings shall be had as upon the original order or, unless the original order is terminated as provided in section 473.500, further proceedings may be had on the original order itself.
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(RSMo 1939 § 163, A.L. 1955 p. 385 § 186)
Prior revisions: 1929 § 164; 1919 § 163; 1909 § 172
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.520 - Conveyance executed, contents — effect.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.520. Conveyance executed, contents — effect. —
1. Upon approval of a sale, mortgage or lease in accordance with section 473.513, the executor or administrator shall execute, acknowledge and deliver a conveyance to the grantee or mortgagee or a lease to the lessee according to the order of approval.
2. In case of a sale or mortgage, the conveyance shall refer in apt and appropriate terms to the order of sale or mortgage and the court by which it was made, the certificate of appraisement, the advertisement, the time and place of sale, the report of the proceedings and order of approval thereof by the court, and the consideration and conveying or mortgaging to the grantee or mortgagee all the right, title and interest which the decedent had in the same.
3. In case of a lease, the lease shall contain like information and shall grant to the lessee possession and use of all the right, title and interest which decedent had in the demised premises.
4. Such deed, mortgage or lease shall convey to the grantee, or mortgagee, or lessee all the right, title and interest which the decedent had in such real estate at the time of his death, in accordance with its terms, and be evidence of the facts therein recited.
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(RSMo 1939 § 164, A.L. 1955 p. 385 § 187)
Prior revisions: 1929 § 165; 1919 § 164; 1909 § 173
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.523 - Execution of conveyance or lease where personal representative resigns, dies or has letter revoked.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
473.523. Execution of conveyance or lease where personal representative resigns, dies or has letter revoked. —
When a personal representative resigns or dies, or his letters are revoked after the sale, exchange, mortgage or lease of real estate, and before executing a conveyance or lease therefor, the purchaser, mortgagee, or lessee, his heirs, assigns or grantees may petition the court, stating the facts. If he satisfies the court that the purchase money was paid, the court shall order the personal representative then acting, or, if after final settlement, the sheriff of the county to execute and acknowledge to the purchaser, mortgagee or lessee, his heirs, assigns or grantees an appropriate conveyance or lease, referring to the petition and order of court, with such other recitals as provided by section 473.520. Such conveyance or lease shall be executed accordingly and has the same effect to all intents and purposes as if made by the personal representative who made the sale, exchange, mortgage or lease of the real estate.
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(RSMo 1939 § 166, A.L. 1955 p. 385 § 188, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 167; 1919 § 166; 1909 § 175
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 473.527 - Taxes not liens in hands of transferee.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.527. Taxes not liens in hands of transferee. —
The lien of the state for estate taxes shall not extend to any interest acquired by a purchaser, mortgagee, or lessee through any transfer made by an executor or administrator under a power contained in a will or under order of the court.
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(L. 1955 p. 385 § 189)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.530 - Brokers', abstracting, and auctioneers' fees.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1987
473.530. Brokers', abstracting, and auctioneers' fees. —
In connection with the sale, mortgage, lease or exchange of property, the court may authorize the executor or administrator to pay, out of the proceeds realized therefrom or out of the estate, the customary and reasonable auctioneers', brokers' and real estate sales fees or commissions, and any necessary expenses for abstracting, title insurance, survey, revenue stamps and other necessary costs and expenses in connection therewith.
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(L. 1955 p. 385 § 190, A.L. 1987 H.B. 356)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.533 - Platting of real estate.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.533. Platting of real estate. —
Whenever in the opinion of the court, it is to the interest of the estate to divide any lands belonging to the estate into village or town lots, the court, upon application of the executor or administrator, may make an order causing the same to be done; and thereupon the executor or administrator shall cause a plat of the lands so ordered to be divided to be made according to the provisions of the statute concerning the plats of towns and villages, and submit the same to the court for its approval. Upon approval of the plat by the court, a copy of the order approving the same, properly certified, shall be endorsed thereon; and the plat, so endorsed, shall be deposited and recorded as authorized by law in other cases.
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(RSMo 1939 § 177, A.L. 1955 p. 385 § 191)
Prior revisions: 1929 § 178; 1919 § 177; 1909 § 186
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.537 - Exchange of property.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.537. Exchange of property. —
Whenever it appears upon the petition of the executor or administrator or of any person interested in the estate to be to the best interests of the estate to exchange any real or personal property of the estate for other property, the court may authorize the exchange upon such terms and conditions as it may prescribe, which may include the payment or receipt of part cash by the executor or administrator. If personal property of the estate is to be exchanged, the proceedings required for the sale of such property shall apply so far as may be; if real property of the estate is to be exchanged, the procedure for the sale of such property shall apply so far as may be.
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(L. 1955 p. 385 § 192)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.540 - Settlements required, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.540. Settlements required, when. —
1. Every personal representative shall file in the court a statement of his accounts with proper vouchers, for settlement at the following times, unless the court otherwise orders:
(1) Annually on the anniversary date of the date of letters until the administration is completed;
(2) At any other time when directed by the court either on its own motion or on application of any interested person.
2. Every personal representative shall file final settlement of his estate at the following times:
(1) On the first court day after the expiration of six months and ten days after the date of the first publication of notice of letters granted or as soon thereafter as administration is completed;
(2) Within ten days after revocation of his letters unless the court otherwise orders;
(3) Upon his application to resign and before his resignation is accepted.
3. A personal representative may in case of continuance of the final settlement pursuant to order of the court, file the final settlement at any time before the date to which it was continued. The court may, in its discretion, for good cause shown, extend the time for filing any intermediate or final settlement, or permit the late filing thereof, without penalty.
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(RSMo 1939 § 213, A.L. 1955 p. 385 § 193, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 214; 1919 § 213; 1909 § 222
Effective 1-01-81
CROSS REFERENCE:
Partition sale proceeds, distribution before settlement prohibited, 528.140
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.543 - Settlements, contents — vouchers for disbursement — evidence, checks and drafts.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 2009
473.543. Settlements, contents — vouchers for disbursement — evidence, checks and drafts. —
1. Each settlement filed by a personal representative shall state the period for which it is made and, among other things, shall contain a just and true account of all moneys collected by such personal representative, the date when collected, from whom collected and on what account collected, whether on claims charged in the inventory or for property sold or otherwise; and it shall show the exact amount of principal and interest collected on each claim, and also the amount and date of each expenditure or distribution, and to whom and for what paid. Such settlement shall also show what interest has been obtained by the personal representative upon any funds in his or her hands, and when obtained, on what amounts, for what time and at what rate percent. Each expenditure of more than seventy-five dollars for which a personal representative claims credit in any settlement shall be supported by vouchers executed by the person to whom the disbursement was made or other documentation, such as an electronic copy of a check or a bank statement, which establishes to the court's satisfaction that the payment claimed in the settlement was actually made to the payee to whom it is claimed to have been made. The court has discretion to require documentation for expenditures of less than seventy-five dollars. Every settlement shall be signed by the personal representative.
2. When the law, local probate rule or practice requires the production of original cancelled checks or drafts as part of any interim or final settlements of any kind by personal representatives, conservators, or other persons, such information may be retained and reproduced in a form permitted under section 362.413; and, provided such information meets the requirements of section 362.413, no court may require the production of the original checks and drafts.
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(RSMo 1939 § 213, A.L. 1955 p. 385 § 194, A.L. 1980 S.B. 637, A.L. 1996 S.B. 494, A.L. 1998 S.B. 792, A.L. 2009 H.B. 273)
Prior revisions: 1929 § 214; 1919 § 213; 1909 § 222
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.550 - Interest to be accounted for.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1971
473.550. Interest to be accounted for. —
All interest received by executors or administrators on debts due to the decedent are assets in their hands. They shall not use the money of the decedent for their own private purposes. If they do so, they shall be liable to the estate for interest and any loss of principal. The deposit pursuant to section 473.337 of funds of the estate in the banking department of a banking institution which is the sole or joint executor or administrator may, however, be made in all cases in which such deposit would have been proper if such banking institution were not an executor or administrator of the estate. The court, at each settlement, shall exercise an equitable control in making executors and administrators account for interest, and for that purpose may take testimony or examine the executor or administrator on oath.
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(RSMo 1939 §§ 222, 223, A.L. 1955 p. 385 § 196, A.L. 1971 S.B. 163)
Prior revisions: 1929 §§ 223, 224; 1919 §§ 222, 223; 1909 §§ 231, 232
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.553 - Settlement docket, contents.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
473.553. Settlement docket, contents. —
The clerk of the court shall keep a docket and enter therein a list of all personal representatives, the date of their letters and the time at which they are required to file their settlements.
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(RSMo 1939 § 214, A.L. 1955 p. 385 § 197, A.L. 1957 p. 829, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 215; 1919 § 214; 1909 § 223
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 473.557 - Notice of time for settlement.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.557. Notice of time for settlement. —
The clerk shall notify each executor or administrator by ordinary mail of the day on which each of his settlements is required to be filed at least forty days before such date. Failure to receive the notice herein required shall not excuse any executor or administrator from making settlement at the time required by law.
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(L. 1955 p. 385 § 198)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.560 - Failure to file settlement, citation.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.560. Failure to file settlement, citation. —
If any executor or administrator fails to appear and file settlement on the day for which his settlement is docketed, the court shall continue the settlement to some future day and issue a citation to the executor or administrator requiring him to file settlement on the day to which the settlement is continued or show good cause, if any he has, why his settlement has not been filed and why his letters should not be revoked. The citation shall be served in the manner prescribed by the court in accordance with section 472.100.
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(RSMo 1939 § 216, A.L. 1955 p. 385 § 199)
Prior revisions: 1929 § 217; 1919 § 216; 1909 § 225
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.563 - Settlement after citation, penalty.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.563. Settlement after citation, penalty. —
If, after service of the citation, the executor or administrator appears and files his settlement he shall be fined for his failure to file settlement at the proper time in a sum not exceeding one hundred dollars, unless he satisfies the court that it was impracticable for him to file settlement. All fines shall be paid into the county treasury and the executor or administrator and his sureties are liable for the same upon their bonds.
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(RSMo 1939 § 218, A.L. 1955 p. 385 § 200)
Prior revisions: 1929 § 219; 1919 § 218; 1909 § 227
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.567 - Failure to settle after citation, letters revoked.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.567. Failure to settle after citation, letters revoked. —
If the executor or administrator fails to appear as required by the citation or, appearing, fails or refuses to file settlement, or to show cause why settlement should be continued, the court, in addition to the fine provided for in section 473.563, may revoke his letters and issue attachments or other process to compel final settlement, directed to any county in the state. In all such cases the delinquent shall pay costs.
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(RSMo 1939 § 219, A.L. 1955 p. 385 § 201)
Prior revisions: 1929 § 220; 1919 § 219; 1909 § 228
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.570 - Settlement, payment of claims — apportionment where assets insufficient.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.570. Settlement, payment of claims — apportionment where assets insufficient. —
After every settlement, when the best interests of the estate require it, on application of any interested person, the court shall ascertain the amount of money of the estate which has come to the hands of the personal representative from all sources and the amount of claims allowable against the estate, and may order the payment of the claims so allowable. If it appears that there is not sufficient assets to pay the whole of the debts and expenses of administration, the court may apportion, in accordance with the provisions of this law, among the creditors that percentage of their claims as appears will not adversely affect the rights of other creditors or the payment of administration expenses. The court may order that the personal representative pay the claims allowable against the estate according to the apportionment, reserving sufficient assets to pay expected claims and also reserving apportionments made on claims which remain undecided until decision is had thereon.
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(RSMo 1939 § 224, A.L. 1955 p. 385 § 202, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 225; 1919 § 224; 1909 § 233
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 473.573 - Creditor may have execution, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.573. Creditor may have execution, when. —
If an executor or administrator fails to pay any claim ordered to be paid, in accordance with an order under section 473.570 when demanded, the clerk of the court, on application of the creditor, and being satisfied that the demand has been made, shall issue execution for the amount ordered to be paid, and costs, against the property, goods and chattels and real estate of the executor or administrator.
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(RSMo 1939 § 226, A.L. 1955 p. 385 § 203)
Prior revisions: 1929 § 227; 1919 § 226; 1909 § 235
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.577 - Scire facias against sureties, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.577. Scire facias against sureties, when. —
If an execution is returned unsatisfied, the creditor may sue out of the court a scire facias against any one or more of the sureties of the executor or administrator, referring to the bond, the order of payment, the execution and return, and requiring the surety to show cause why judgment should not be rendered against him for the amount ordered to be paid and still unsatisfied.
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(RSMo 1939 § 227, A.L. 1955 p. 385 § 204)
Prior revisions: 1929 § 228; 1919 § 227; 1909 § 236
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.580 - Proceedings on scire facias.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.580. Proceedings on scire facias. —
The scire facias may be directed to and served in any county in this state, and if, upon return thereof, good cause to the contrary is not shown, the court shall render judgment against the surety for the amount unpaid and costs and award execution therefor.
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(RSMo 1939 § 228, A.L. 1955 p. 385 § 205)
Prior revisions: 1929 § 229; 1919 § 228; 1909 § 237
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.583 - Petition for final settlement and distribution.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.583. Petition for final settlement and distribution. —
At the time of filing of a final settlement the executor or administrator shall petition the court to allow and approve his settlement and if the estate is in a proper condition to be closed, he shall also petition the court for an order authorizing him to distribute the estate, and shall specify in the petition the persons to whom distribution is to be made and the proportions or parts of the estate to which each is entitled.
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(L. 1955 p. 385 § 206)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.587 - Notice of final settlement.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 10 Jun 1981, see footnote
473.587. Notice of final settlement. —
When an estate is in a condition to be closed before filing his final settlement and petition for distribution, the personal representative shall give, or cause to be given, at least twenty-nine days' notice by publication in the manner provided by section 472.100 stating (1) that he will file final settlement and petition for distribution on a date certain or as continued by the court, and (2) that objections to the final settlement or petition for distribution shall be in writing and filed within twenty days from the date the final settlement is filed. The notice shall be published once a week for four consecutive weeks, the last publication to be at least seven days prior to the date specified therein for filing of the settlement. At least fifteen days before the date specified in the published notice the personal representative shall give, or cause to be given, the same notice by ordinary mail to each heir and devisee then interested in the estate whose name and address is disclosed by the court records, and who has not, in writing, waived such notice. Prior to the approval of the final settlement, proof of service as provided in section 472.110 and any written waivers shall be filed.
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(L. 1955 p. 385 § 207, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117)
Effective 6-10-81
(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.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.590 - Objections to settlement, when filed — form — hearing — approval.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
473.590. Objections to settlement, when filed — form — hearing — approval. —
Within twenty days after the filing of the final settlement and petition for distribution, or such longer time as may be ordered by the court, any interested person may file written objections thereto. The court may receive and file a final settlement before the date specified in the published notice, or before the date to which the settlement was continued, but in case of such premature filing the twenty-day period for filing objections shall run from the date specified in the published notice or the date to which the settlement was continued, as the case may be. The objections must be in writing and clearly state the specific grounds of objection and the modification desired. If no objections are filed, the court may approve the final settlement and order distribution as prayed, without hearing if it deems such action proper. If objections are filed, or if the court does not deem it proper to approve the final settlement and order distribution as prayed without hearing, a hearing on the matter shall be had.
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(L. 1955 p. 385 § 208, A.L. 1980 S.B. 637)
Effective 1-01-81
(1972) If an interested person, within ten days after filing of a final settlement requests additional time to file his written objections the court may grant such extension. In re Estate of Schmer (Mo.), 485 S.W.2d 682.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.593 - Credit for uncollectible debts shown in inventory.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.593. Credit for uncollectible debts shown in inventory. —
At his final settlement, the court shall give credit to the executor or administrator for any debt charged in the inventory as due to the estate, if the court is satisfied that the debt was not really due to the estate, or that it had been balanced or reduced by offsets in any court of competent jurisdiction, or that the debtor was insolvent, or that from any other cause it was impossible for the executor or administrator to have collected the claim by the exercise of due diligence.
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(RSMo 1939 § 231, A.L. 1955 p. 385 § 209)
Prior revisions: 1929 § 232; 1919 § 231; 1909 § 240
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.597 - Conclusiveness of order approving final settlement.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 28 Aug 1955
473.597. Conclusiveness of order approving final settlement. —
Upon the approval of the final settlement of an executor or administrator, the executor or administrator and his sureties, subject to the right of appeal and to the power of the court to vacate its final orders, shall be relieved from liability for the administration of his trust prior to his final settlement, including liability with respect to the investment of the assets of the estate. The court may disapprove the final settlement in whole or in part and surcharge the executor or administrator for any loss caused by any breach of duty.
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(L. 1955 p. 385 § 210)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.600 - Accounting for assets received and disbursed after final settlement.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.600. Accounting for assets received and disbursed after final settlement. —
Receipts and disbursements of the executor or administrator, subsequent to the filing of his final settlement, shall be reported to the court before discharge. A settlement thereof, together with an estimate of the expenses of closing the estate, shall be made by the court and included in the order of distribution, or the court may treat the statement as a supplementary settlement and act on the same with or without notice but, if the court determines that notice is required or the executor or administrator or his sureties so request, notice shall be given in the manner prescribed by the court.
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(L. 1955 p. 385 § 212)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.603 - Settlement on death, resignation, or removal of personal representative.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1983
473.603. Settlement on death, resignation, or removal of personal representative. —
1. If a personal representative dies, resigns, becomes legally disabled or his letters are revoked, he or his legal representatives or conservator shall file final settlement and shall account for, pay and deliver to his successor, or to the surviving or remaining personal representative all money and property of every kind, and all rights, credits, deeds, evidences of debt and such papers of every kind of the decedent, at such time and in such manner as the court orders. The final settlement may be made and approved without notice or after giving notice to the persons and in the manner directed by the court.
2. If a deceased personal representative leaves no estate subject to administration, and letters are issued to his personal representative solely for the purpose of making settlement under this section, the cost in the court proceeding in which letters are issued to the personal representative of the deceased personal representative shall be taxed in the estate of which he was personal representative; and, in the administration proceeding in the estate of the deceased personal representative there need be no publication as required by section 473.033.
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(RSMo 1939 § 48, A.L. 1955 p. 385 § 213, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 48; 1919 § 47; 1909 § 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 473.607 - Proceedings to compel settlement — judgment, enforcement.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1983
473.607. Proceedings to compel settlement — judgment, enforcement. —
1. On the application of any successor or surviving personal representative or of any interested person the court may order any personal representative or his legal representatives or any other person to file any final settlement required by this law or by the order of the court, and may attach and commit for contempt any person who fails to file the settlement within the time fixed by the court until he complies with the order of the court.
2. The court, on the application of any successor or surviving personal representative or of any interested person, may also ascertain what quantity and kind of property of the decedent was in the hands of a personal representative who has failed to file his final settlement as required by this law or by the order of the court, or whose personal representative or conservator has failed to file settlement and may render judgment against the personal representative and his sureties therefor. The judgment may be enforced by execution or, in case delivery of specific property or papers is required, by attachment and commitment of his person until delivery is made.
3. An application filed under this section shall be set for hearing and at least ten days' notice of the time and place of the hearing thereon shall be given all parties affected thereby, by the clerk, and shall be served in the manner directed by the court in accordance with section 472.100.
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(L. 1955 p. 385 § 214, A.L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.610 - Distribution, when required.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.610. Distribution, when required. —
Executors and administrators shall not be compelled to make distribution or pay legacies until six months after the date of the letters, unless the legacies specified would be perishable, or subject to injury if retained six months.
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(RSMo 1939 § 235, A.L. 1955 p. 385 § 215)
Prior revisions: 1929 § 236; 1919 § 235; 1909 § 244
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.613 - Partial distribution.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1985
473.613. Partial distribution. —
1. Subject to the provisions of section 473.618, upon application of the executor or administrator at any time, or on application of any distributee after the expiration of six months from the date of letters, the court may order the executor or administrator to deliver to any distributee any specific real or personal property, or the possession thereof, to which he is entitled or may decree partial distribution if the court believes that other distributees and claimants are not prejudiced thereby. Within a reasonable time after distribution of property under an order or decree made on application of the executor or administrator and before the decree of final distribution, or at any time before the decree of final distribution if partial distribution was not made on application of the executor or administrator, the court may order the distributee to return all or a part of the property or the value thereof. But no order of return shall be made unless application therefor is filed within the time prescribed by section 473.637 and for the purposes therein provided or for other proper purpose.
2. The partial distribution under this section may be decreed with or without notice to interested parties, as ordered by the court. A decree of partial distribution made after notice to interested persons is as conclusive as a decree of final distribution with respect to the estate distributed except to the extent that other distributees and claimants are deprived of the fair share or amount which they would otherwise receive on final distribution.
3. Before partial distribution is made, the court, upon the request of the executor or administrator, shall require that security be given for the return of the property so distributed to the extent necessary to satisfy the interest of any distributee or claimant prejudiced by the distribution. If partial distribution is made without such request for security, the executor or administrator and his sureties are liable for any loss or damage sustained by any interested party as a result thereof.
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(L. 1955 p. 385 § 216, A.L. 1957 p. 829, A.L. 1985 S.B. 35, et al.)
(1984) Refusal to approve a petition for partial distribution is not a final judgment and therefore not appealable. Matter of Estate of Pilla (Mo. App.E.D.), 674 S.W.2d 658.