Section 473.767

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 28 Aug 2000   

  473.767.  Public administrator, duties after expiration of term — duties prior to expiration of term, certain counties. — 1.  In counties operating under fee retention, the public administrator shall before the first court day after the expiration of one year after their successor in office has qualified, file a final settlement as required by section 473.540 for all estates in their charge as public administrator in which final settlement can be made.  On the first court day after the expiration of one year after the election of a successor to the public administrator, the judge of the probate division, upon the judge's own motion, shall order the public administrator to account for and deliver all money, property, or papers belonging to all estates in his or her hands in which final settlement cannot be made, to the successor in office, or to the heirs of any estate, or to any executor or administrator regularly appointed, and such accounting and delivery shall be accomplished during the sixty days next thereafter.

  2.  In counties where the public administrator is paid a salary, the public administrator shall deliver property and make necessary filings as required in this section prior to leaving his or her term of office.

  3.  Notwithstanding the provisions of subsection 1 of this section, the former public administrator or their legal representative, upon approval and order of the judge of the probate division of the circuit court having jurisdiction over the estates in which the former public administrator has been appointed personal representative, guardian or conservator, shall turn over the administration of the estates to the successor public administrator.  A copy of the annual account of each estate in part covering the term of the former public administrator shall be filed with the probate division by the successor public administrator and the successor public administrator shall be charged with the assets and liabilities shown thereby.

­­--------

(RSMo 1939 § 301, A.L. 1955 p. 385 § 232, A.L. 1978 H.B. 1634, A.L. 1981 S.B. 423, A.L. 1987 S.B. 65, et al., A.L. 1989 S.B. 181, A.L. 1990 S.B. 596, A.L. 1992 S.B. 817, A.L. 1993 S.B. 88, A.L. 1998 S.B. 764, A.L. 2000 S.B. 542)

Prior revisions: 1929 § 301; 1919 § 298; 1909 § 304