Section 473.618

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 01 Jul 1997, see footnote   

  473.618.  Notice to judgment creditors of distribution — contents of request. — 1.  Any judgment creditor of a distributee desiring notice of any partial or final distribution or both, may, at any time subsequent to the granting of letters testamentary or of administration, file with the clerk of the probate division of the circuit court having jurisdiction a duly acknowledged request for such notice and shall cause a copy of the request to be served upon the personal representative administering the estate or upon such representative's attorney of record.  The request shall specify the name and address of the judgment creditor, the name of the debtor-distributee and the identity of the estate.  A separate request shall be filed for each judgment creditor of a distributee desiring notice.  After the serving and filing of any such request, any distributee mentioned in the request may be referred to as a "debtor-distributee".

  2.  No partial or final distribution shall be made by a supervised or independent personal representative to a debtor-distributee after the serving and filing of any such request until at least twenty days after such representative has caused to be deposited in the United States mail an envelope certified or registered, and with postage fully prepaid, enclosing a notice of the distribution and the date when such distribution will be made, addressed to each person whose name and address is set forth in a request served and filed as provided in subsection 1 of this section.  Actual receipt by the addressee of the envelope shall not be necessary to establish compliance with the requirements of this section.  The receipt issued by the United States Post Office for certified or registered mail to evidence that the envelope has been delivered by the personal representative to the United States Post Office shall constitute proof of compliance with the notice requirements of this section.  Any distribution made by any personal representative to a debtor-distributee prior to the time specified in the notice required by this subsection shall not discharge such representative as against a garnishment, attachment or other judicial process with respect to such debtor-distributee which is served upon such representative or upon such representative's attorney of record by or in behalf of any judgment creditor who has served and filed a request as described in subsection 1 of this section if such distribution is made after the serving and filing of such request by such judgment creditor and if such garnishment, attachment or other judicial process is served upon such personal representative or such representative's attorney of record prior to the scheduled date of such distribution.

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(L. 1985 S.B. 35, et al., A.L. 1996 S.B. 869)

Effective 7-01-97