Section 473.543

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