Section 473.780

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 01 Jan 1981, see footnote   

  473.780.  Independent administration, when. — 1.  When a will admitted to probate authorizes or directs independent administration, either by specific reference to this section or by language providing that the estate be administered without adjudication, order or direction of the court, the letters testamentary shall provide that the personal representative therein named may administer the estate independently.  When a will admitted to probate prohibits independent administration, expressly or by language manifesting intent that the estate be administered under court supervision, the directions of the will shall be observed.

  2.  When all of the heirs interested in an intestate estate or all of the devisees interested in a testate estate, or all of the heirs and devisees interested in a partially intestate estate, consent to independent administration, and the will does not prohibit it, the letters testamentary or of administration shall provide that the personal representative therein named may administer the estate independently.

  3.  When one or more of the heirs or devisees whose consent to independent administration is required by subsection 2 is or are under disability, and all of the other heirs or devisees whose consent is required consent to independent administration, the court may grant letters testamentary or of administration which provide that the personal representative therein named may administer the estate independently.  The court shall not appoint a guardian ad litem for the purpose of consent to or consideration of an application for independent administration.

­­--------

(L. 1980 S.B. 637)

Effective 1-01-81