Section 473.117

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 28 Aug 1987   

  473.117.  Persons and corporations disqualified as personal representative — designation required — service of process, how made. — 1.  None of the following persons shall be appointed as a personal representative:

  (1)  No full-time judge of any court of this state or clerk, deputy clerk or division clerk of any court, but a judge, clerk, deputy clerk or division clerk may serve as a personal representative for a decedent who was a spouse or who was within the third degree of relationship by consanguinity or affinity as calculated according to the civil law;

  (2)  A person under the age of eighteen years or of unsound mind;

  (3)  A person who is under legal disability as a result of conviction of a crime;

  (4)  A habitual drunkard;

  (5)  Except as otherwise provided by section 362.600, a corporation, partnership or association organized under the law of a state or country other than the state of Missouri, or any United States national banking association having its principal place of business outside the state of Missouri;

  (6)  No personal representative of a personal representative, in consequence thereof, shall be a personal representative of the first decedent.

  2.  When any corporation is named as personal representative in any will hereafter executed, and qualifies as such, the presumption is that the will was not prepared by a salaried employee of such corporation.  However, upon the application of any heir or devisee, made in the probate division of the circuit court of the county for the removal of such personal representative, said presumption may be rebutted by evidence satisfactory to the court hearing the application, unless the will or some codicil or certificate attached thereto contains a recital that at or before the execution of the will the testator had advice or counsel in relation thereto from someone not under salary from such corporation.  In the absence of such recital, the court may on such application and upon satisfactory evidence that said will was prepared by a salaried employee of the corporation revoke the appointment of and remove such corporation as personal representative.

  3.  Before a nonresident of this state or a corporation organized under the laws of another state or country is issued letters testamentary or of administration he, she or it shall file in the probate division of the circuit court a designation, including the signature and address, of a resident of this state, or a corporation of this state authorized to administer trusts, as agent for the service of process on and the receipt of notice by such nonresident or foreign corporation.  This designation shall be recited in the letters testamentary or of administration.  Such a designation may be revoked only by a new designation of an agent for service and notice in this state, which shall be endorsed on the letters testamentary or of administration.  By filing such designation, the nonresident submits personally to the jurisdiction of the court in all proceedings relating to the administration of the estate and to the performance of his fiduciary duties until discharged of those duties by the court.

  4.  Service of process may be made upon a personal representative who is a nonresident of this state, or a corporation organized under the laws of another state or country, by registered or certified mail, addressed to his, her or its last reasonably ascertainable address.  Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable.  Service may be made upon such a personal representative in the manner in which service could have been made under other laws of this state on either the personal representative or his decedent immediately prior to death.  If service is made upon a personal representative as provided in this subsection, he shall be allowed at least thirty days within which to appear or respond.

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(RSMo 1939 §§ 6, 10, A.L. 1955 p. 385 § 62, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1985 S.B. 35, et al., A.L. 1986 S.B. 787, A.L. 1987 H.B. 637)

Prior revisions: 1929 §§ 6, 10; 1919 §§ 6, 10; 1909 §§ 14, 18

(1987) This section does not permanently disqualify a person convicted of a felony from being appointed personal representative; rather the court in making the appointment is to consider whether such conviction is reasonably related to the competency of the individual to fulfill the duties of personal representative pursuant to the provisions of section 561.016. In Re Estate of Foxworth, 732 S.W.2d 931 (Mo.App.S.D.).