Section 473.363

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 01 Jan 1981, see footnote   

  473.363.  Suits pending at decedent's death deemed duly filed, when — personal representative to list pending actions — period of nonclaim not affected. — 1.  Any action pending against any person at the time of his death, which, by law, survives against the personal representative, is considered a claim duly filed against his estate from the time substitution of the personal representative for the deceased defendant, or motion therefor, is made and written notice thereof is filed in the probate division.

  2.  Within ninety days after the appointment of a personal representative, he shall file with the probate division a verified statement of all actions, known to him, pending against his decedent at decedent's death.  Within this ninety-day period, the personal representative of a decedent against whom any action, known to the personal representative was pending at the date of death, shall notify in writing all adverse parties to the action or their attorneys of record therein, if any, and the clerk of the court in which the action was pending, stating the date of decedent's death, the name of the court which granted letters testamentary or of administration, the name and address of the person or persons to whom the letters were granted, the number of the estate, and the date of the first publication of notice of granting the letters testamentary or of administration.  Nothing herein contained, however, shall be construed as extending, suspending, or in any other way affecting the period of nonclaim provided by section 473.360.  In the case of the corporate personal representative, the corporation shall be chargeable with the knowledge of the individual or individuals conducting the administration of the estate.  In the case of multiple personal representatives, a personal representative having no knowledge of the pendency of a suit against the decedent shall not be chargeable with the knowledge of a copersonal representative.  No personal representative shall have any liability for failing to give notice.

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(RSMo 1939 § 183, A.L. 1955 p. 385 § 140, A.L. 1959 S.B. 305, A.L. 1967 p. 642, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)

Prior revisions: 1929 § 184; 1919 § 183; 1909 § 192

Effective 1-01-81

(1961) Personal injury action which survived after death of defendant occurring six months before the amendment of the nonclaim statutes did not abate where plaintiff failed to comply with the original statutes but complied with the statutes as amended. Rabin v. Krogsdale (Mo.), 346 S.W.2d 58.