Section 473.403

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 01 Jan 1981, see footnote   

  473.403.  Allowance of claims — court's duties — allowance by personal representative. — 1.  Except as provided in subsections 2 and 3 hereof, no claimant is entitled to payment unless his claim has been duly filed and allowed by the court.  Upon the adjudication of any claim the court shall allow it in whole or in part, or disallow it.  The order allowing the claim has the effect of a judgment and bears interest at the legal rate, unless the claim provides for a different rate in which case the judgment shall be rendered accordingly.

  2.  Except in case of the personal representative's own claim, any claim may be paid by the personal representative, without allowance thereof by the court, and credit may be had therefor in his settlement, provided the same is either paid or filed within the time prescribed by section 473.360; but, if written exceptions thereto are duly filed by any interested party within the time allowed for filing exceptions to the final settlement of the personal representative, hearing by the court shall be had thereon.  On such hearing the burden is on the personal representative to prove that the estate was liable on the claim for the amount so paid.  If the court adjudges that the estate was not liable for any part of the amount paid, the exceptions to such extent shall be sustained.

  3.  Claims for expenses of administration may be allowed upon application of the claimant or of the personal representative, or may be allowed in the discretion of the court at any settlement regardless of whether or not they have been paid by the personal representative.

­­--------

(L. 1955 p. 385 § 152, A.L. 1969 p. 553, A.L. 1980 S.B. 637)

Effective 1-01-81