Section 473.147

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 28 Aug 1955   

  473.147.  Administrator d.b.n., when appointed. — 1.  If all the executors or the administrator of an estate die or resign or their letters are revoked, letters of administration of the goods remaining unadministered shall be granted in the discretion of the court to any qualified beneficiary or beneficiaries mentioned in the will, if any, or to any person to whom administration could have been granted if original letters had not been obtained.

  2.  If, after final settlement of an estate is had and the executor or administrator has been discharged, unadministered assets of the estate are discovered, letters of administration of the goods remaining unadministered, if there are unpaid allowed claims or if other good cause is shown, may be granted to those to whom administration would have been granted if the original letters had not been obtained.  Any person to whom such letters are granted shall make his final settlement and be discharged as soon as possible after letters are granted.

  3.  Any administrator appointed under this section shall perform like duties and incur like liabilities as a former executor or administrator.

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(RSMo 1939 § 47, A.L. 1955 p. 385 § 71)

Prior revisions: 1929 § 47; 1919 § 46; 1909 § 54

(1977) Discovery of unadministered assets standing alone is not sufficient to bring about operation of the statute. Matter of the Estate of Waller (A.), 559 S.W.2d 312.