§ 473.010 Venue
§ 473.013 Character of proceeding — jurisdiction of court
§ 473.017 Application for letters — content
§ 473.020 If no application filed, others may request administration or probate — ..
§ 473.023 Court or clerk to grant letters
§ 473.030 Request for special notice of hearings
§ 473.033 Notice of letters — duty of clerk — publication — form
§ 473.037 Successor need not publish notice, when
§ 473.040 Notice where there are no known heirs
§ 473.043 Will of decedent, where delivered — wills found in safe deposit boxes, how ..
§ 473.047 Certificate of probate or rejection
§ 473.050 Wills, presentment for probate, time limited — presented, defined
§ 473.053 Testimony of subscribing witnesses, other evidence
§ 473.057 Commission for testimony of nonattendant witness
§ 473.060 Testimony before officer, effect
§ 473.063 Testimony to be recorded — record as evidence
§ 473.065 Probate of will, when — procedure for contest
§ 473.067 Proof of nuncupative wills
§ 473.070 Heirs, time limits to establish interest in estate — posthumous heirs in ..
§ 473.073 Proof required for probate and grant of administration
§ 473.077 Proceedings reopened, when
§ 473.080 Certificate of probate, contents — evidence
§ 473.081 Probate of portion of will
§ 473.083 Will binding, when — contest of will, when, procedure
§ 473.084 Compromise of controversy as to probate, when binding
§ 473.085 Court approval of compromise, procedure for securing
§ 473.087 Will not effective until probated
§ 473.090 Refusal of letters
§ 473.091 Clerk’s duties as to certain forms — not practice of law
§ 473.092 Court may order administration previously commenced pursuant to ..
§ 473.095 Apportionment of property between surviving spouse and children
§ 473.097 Small estate — distribution of assets without letters, when — affidavit — ..
§ 473.100 Effect of acquittances by distributees of small estate
§ 473.107 Small estate appraised, when
§ 473.110 Persons entitled to letters
§ 473.113 Letters granted to others, when
§ 473.117 Persons and corporations disqualified as personal representative — ..
§ 473.120 Form of letters testamentary
§ 473.123 Form of letters of administration
§ 473.127 Letters c.t.a. and d.b.n., form
§ 473.130 Letters or copies, evidence
§ 473.133 Administrator during minority or absence
§ 473.137 Administrator pending contest, appointed when — duties
§ 473.139 Resignation by executor or administrator, procedure, effect
§ 473.140 Removal of personal representative
§ 473.143 Revocation of letters on finding will
§ 473.147 Administrator d.b.n., when appointed
§ 473.150 Remaining executor or administrator to continue
§ 473.153 Compensation of personal representatives, accountants and attorneys
§ 473.155 Compensation of accountants and attorneys (first class counties and St. ..
§ 473.157 Bond of personal representative — conditions of bond
§ 473.160 Bond not required, when
§ 473.163 Agreements with surety as to deposit of assets
§ 473.167 Execution of bond
§ 473.170 Obligees of bond — liability of surety
§ 473.173 Bond of joint executors or administrators
§ 473.177 Affidavit of personal sureties
§ 473.180 Persons not acceptable as sureties
§ 473.183 Approval of bond
§ 473.187 Bond valid though rejected
§ 473.190 Sufficiency of bond to be shown on settlements
§ 473.193 Inquiry into condition of sureties — order for new bond
§ 473.197 Court may require, increase or decrease bond, when
§ 473.200 Letters revoked on failure to give bond
§ 473.203 Effect of new bond
§ 473.207 Execution of bond deemed appearance by surety — procedure on breach of ..
§ 473.210 Successor may sue on bond
§ 473.213 Limitations on suits
§ 473.217 Action on bond generally
§ 473.220 Inventory and appraisement
§ 473.223 Settlement
§ 473.227 Security
§ 473.230 Citation of partner
§ 473.233 Inventory and appraisement — classification of property
§ 473.237 Affidavit to inventory
§ 473.240 Additional inventory
§ 473.243 Compensation of appraisers
§ 473.247 Debt of executor not discharged
§ 473.250 Debt of administrator, assets
§ 473.253 Inventory as evidence
§ 473.260 Devolution of estate at death
§ 473.263 Possession of assets
§ 473.267 Assets for payment of claims
§ 473.270 Collection of debts, prosecution and defense of suits
§ 473.273 Actions instituted by or against decedent, duties
§ 473.277 Compromise of debts due estate
§ 473.280 Purchase at foreclosure of mortgage held by estate
§ 473.283 Title to real estate, how taken on such purchase — how administered
§ 473.287 Encumbered property to be redeemed, when
§ 473.290 Payment of debt of decedent secured by property of another — procedure
§ 473.293 Disposition of valueless or encumbered property
§ 473.297 Expenditures for preservation of property
§ 473.300 Continuation of business of decedent
§ 473.303 Specific execution of contract of decedent — petition
§ 473.307 Notice — hearing — intervention
§ 473.310 Specific execution of contract of decedent, court order — warranties — ..
§ 473.313 Action for specific performance — proceedings in probate division of ..
§ 473.317 Completion of contracts to purchase property — exercise of options
§ 473.320 Interest may be sold, when
§ 473.323 Interest relinquished to vendor, when
§ 473.327 Procedure in case of sale of school lands
§ 473.330 Conveyances, how made — procedure
§ 473.333 Investment of liquid assets
§ 473.337 Bank deposits
§ 473.340 Discovery of assets, procedure for
§ 473.360 Limitations on filing of claims — when claims barred
§ 473.363 Suits pending at decedent’s death deemed duly filed, when — personal ..
§ 473.367 Actions commenced after decedent’s death deemed filed, when
§ 473.370 Establishment of claim by judgment — judgment deemed filed, when
§ 473.380 Claims, form and verification — claim to be established by evidence
§ 473.383 Claims not due, proceedings
§ 473.387 Secured claims — surrender of security — payment
§ 473.390 Contingent claims
§ 473.393 Collection of contingent claims from distributees — limitations — contribution
§ 473.397 Classification of claims and statutory allowances
§ 473.398 Recovery of public assistance funds from recipient’s estate, when ..
§ 473.399 Definitions — obligation to repay assistance, claim against estate, when — ..
§ 473.403 Allowance of claims — court’s duties — allowance by personal representative
§ 473.407 Defenses against claims
§ 473.410 Offsets or counterclaims — personal representative to list — how asserted — ..
§ 473.413 Hearing and disposition of claims — notice
§ 473.423 Claim of personal representative — how established — procedure — fee
§ 473.427 Compromise of claims against estate
§ 473.430 Payments of claims and statutory allowances in order of classification — ..
§ 473.433 Payment of claims not required prior to six months after first publication ..
§ 473.437 Extension or renewal of encumbrances of assets
§ 473.440 Enforcement of judgment, attachment or execution liens which attached prior ..
§ 473.443 Proceedings where real estate has been sold under junior judgment
§ 473.444 Limitations on filing claims — when claims barred
§ 473.457 Sale of property under power in will
§ 473.460 Purposes for which property may be sold, mortgaged, leased or exchanged
§ 473.463 No known heirs, property to be sold
§ 473.467 Reservation of property under direction of will — specific devises reserved
§ 473.470 Heirs may give bond and prevent sale
§ 473.473 Terms of sale
§ 473.477 Executor or administrator not to purchase, exception
§ 473.480 Validity of proceedings
§ 473.483 Sales of perishable property
§ 473.487 Sale, mortgage or lease of personal property
§ 473.490 Sale of real estate on court’s motion, when
§ 473.493 Petition to sell, mortgage or lease real estate — notice — order
§ 473.497 Creditor or other person may file petition, when
§ 473.500 Order for sale, mortgage or lease of property, content — duration — ..
§ 473.507 Notice of public sale of real estate
§ 473.510 Public sale of real estate, where made, adjournment
§ 473.513 Report of sale — objections — approval
§ 473.517 New sale ordered, when
§ 473.520 Conveyance executed, contents — effect
§ 473.523 Execution of conveyance or lease where personal representative resigns, ..
§ 473.527 Taxes not liens in hands of transferee
§ 473.530 Brokers’, abstracting, and auctioneers’ fees
§ 473.533 Platting of real estate
§ 473.537 Exchange of property
§ 473.540 Settlements required, when
§ 473.543 Settlements, contents — vouchers for disbursement — evidence, checks and drafts
§ 473.550 Interest to be accounted for
§ 473.553 Settlement docket, contents
§ 473.557 Notice of time for settlement
§ 473.560 Failure to file settlement, citation
§ 473.563 Settlement after citation, penalty
§ 473.567 Failure to settle after citation, letters revoked
§ 473.570 Settlement, payment of claims — apportionment where assets insufficient
§ 473.573 Creditor may have execution, when
§ 473.577 Scire facias against sureties, when
§ 473.580 Proceedings on scire facias
§ 473.583 Petition for final settlement and distribution
§ 473.587 Notice of final settlement
§ 473.590 Objections to settlement, when filed — form — hearing — approval
§ 473.593 Credit for uncollectible debts shown in inventory
§ 473.597 Conclusiveness of order approving final settlement
§ 473.600 Accounting for assets received and disbursed after final settlement
§ 473.603 Settlement on death, resignation, or removal of personal representative
§ 473.607 Proceedings to compel settlement — judgment, enforcement
§ 473.610 Distribution, when required
§ 473.613 Partial distribution
§ 473.617 Decree of final distribution
§ 473.618 Notice to judgment creditors of distribution — contents of request
§ 473.620 Order in which assets are appropriated — abatement
§ 473.623 Contribution between devisees
§ 473.627 Advancements to be determined
§ 473.630 Right of retainer
§ 473.633 Interest on general legacies
§ 473.637 Distributees to refund, when — judgment
§ 473.640 Partition of personal property in kind
§ 473.643 Property sold to effect partition, when
§ 473.647 Notice of application for partition
§ 473.650 Distributee may credit share against purchase price, when
§ 473.653 Proceedings to compel distribution
§ 473.657 Distribution
§ 473.660 Discharge of personal representative
§ 473.663 No administration within one year after death and no will probated, ..
§ 473.665 Definitions
§ 473.668 Administration of estate of nonresident decedent as original proceeding
§ 473.671 Jurisdiction of property — situs of intangibles
§ 473.675 Applicability of law to estate of nonresident decedent — exceptions
§ 473.676 Filing of copy of appointment of domiciliary foreign personal ..
§ 473.677 Domiciliary foreign personal representative, powers, duties and obligations
§ 473.678 Power of domiciliary foreign personal representative, when executed — ..
§ 473.682 Priority of personal representative appointed by court of decedent’s ..
§ 473.685 Foreign personal representative subject to jurisdiction of courts of state, ..
§ 473.687 Foreign personal representative also subject to court’s jurisdiction to ..
§ 473.689 Service of process on foreign personal representative, how made
§ 473.691 Debtor or custodian may pay or deliver personal property to foreign ..
§ 473.692 Adjudication against any personal representative of estate binding on local ..
§ 473.694 Effect of law on reciprocal corporate fiduciaries law
§ 473.697 Letters of administration for persons absent for five or more years — ..
§ 473.700 Who may testify
§ 473.703 Publication of finding — time for rebuttal
§ 473.707 Issuance of letters, when
§ 473.710 Revocation of letters, when — effect — procedure
§ 473.713 Distributees to give bond before receiving estate
§ 473.717 Supposed decedent substituted for administrator, when — effect on actions, ..
§ 473.720 Payment of costs
§ 473.730 Public administrators — qualifications — election — oath — bond — public ..
§ 473.733 Certificate and oath — bond, how sued on
§ 473.737 Administrators to have separate offices — St. Louis administrator in civil ..
§ 473.739 Compensation for attendance at training session, certain public ..
§ 473.740 Compensation, Boone and Clay counties — removal from office — public ..
§ 473.741 County governing body may authorize additional compensation, when — maximum ..
§ 473.742 Salary schedule for public administrators, certain counties — administrator ..
§ 473.743 Duty of public administrator to take charge of estates, when
§ 473.748 Unenforceability of certain contract provisions requiring a public ..
§ 473.750 Powers and duties under administration law
§ 473.753 Notice of administration, when and how given — penalty for failure
§ 473.757 Civil officers to inform public administrator as to property, when
§ 473.760 Shall prosecute necessary suits
§ 473.763 Court may order public administrator to account to successor, when
§ 473.767 Public administrator, duties after expiration of term — duties prior to ..
§ 473.770 Deputies, appointment, tenure, compensation, powers (first classification ..
§ 473.771 Deputies, appointment in all counties but counties of the first ..
§ 473.773 Public administrator and sureties liable for acts of deputies
§ 473.775 Staff to be deemed county employees — full-time staff may be provided for ..
§ 473.780 Independent administration, when
§ 473.783 Notice of independent administration, contents
§ 473.787 Duties of personal representative in independent administration — attorney ..
§ 473.793 Inventory of property by independent personal representative
§ 473.797 Independent personal representative may employ appraisers, attorney, ..
§ 473.800 Supplementary inventory, when required — copies to interested persons
§ 473.803 Independent personal representative’s right to decedent’s property — ..
§ 473.810 Powers and duties of independent personal representative
§ 473.811 Dealing in good faith for value with independent representative protected — ..
§ 473.820 Liability of personal representative
§ 473.823 Compensation of independent personal representative and attorney
§ 473.827 Review of compensation of independent personal representative and of ..
§ 473.830 Court may restrain personal representative, when — petition — hearing — ..
§ 473.833 Revocation of independent administration, when — petition — hearing — ..
§ 473.837 Settlement of estate, when — notice — distribution
§ 473.840 Completion of administration — discharge of independent personal ..
§ 473.843 Time for complete settlement or filing of statement of account — extension
§ 473.844 Distribution in kind — deeds, evidentiary effect — improper distribution, ..
§ 473.845 Interest of purchaser for value from, or lender to, distributee of property ..

Terms Used In Missouri Laws > Chapter 473 - Probate Code -- Administration of Decedents' Estates

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes administrator where the subject matter applies to an administrator. See Missouri Laws 1.020
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General election: means the election required to be held on the Tuesday succeeding the first Monday of November, biennially. See Missouri Laws 1.020
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: if used in a section in a context relating to property rights or obligations, means conservator of the estate as defined in chapter 475. See Missouri Laws 1.020
  • Guardianship: if used in a section in a context relating to rights and obligations other than property rights or obligations, means guardian of the person as defined in chapter 475. See Missouri Laws 1.020
  • hereafter: means the time after the statute containing it takes effect. See Missouri Laws 1.020
  • Heretofore: means any time previous to the day when the statute containing it takes effect. See Missouri Laws 1.020
  • Incompetent: if used in a section in a context relating to actual occupational ability without reference to a court adjudication of incompetency, means the actual ability of a person to perform in that occupation. See Missouri Laws 1.020
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Missouri Laws 1.020
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Property: includes real and personal property. See Missouri Laws 1.020
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Under legal disability: includes persons within the age of minority or of unsound mind or imprisoned. See Missouri Laws 1.020
  • United States: includes such district and territories. See Missouri Laws 1.020
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • voter: is used in the laws of this state it shall mean registered voter, or legal voter. See Missouri Laws 1.035
  • Ward: if used in a section in a context relating to the property rights and obligations of a person, means a protectee as defined in chapter 475. See Missouri Laws 1.020
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.