☰ Revisor of Missouri

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 23 May 1996, see footnote bottom

  473.433.  Payment of claims not required prior to six months after first publication — payments after six months — insufficient funds — payment with consent of all parties — no just claim to be barred, when. — 1.  Prior to the expiration of six months after the date of the first publication of letters, no personal representative shall be compelled to pay any claim presented to him or filed with the court; provided, however, that subsequent to the expiration of the time specified in section 473.360, no personal representative shall pay any claim except costs and expenses of administration, unless, within the time specified in sections 473.360, 473.363, and 473.367, said claim has either been filed with the court or acknowledged by the personal representative in writing to be a just claim.

  2.  Upon the expiration of six months after the date of first publication of letters, or when it appears that there are sufficient assets to pay all claims whether or not theretofore allowed, the personal representative shall proceed to pay all claims to which he has consented or which have been allowed by final judgment.

  3.  If it appears at any time that the estate is or may be insolvent, that there are insufficient funds on hand, or that there is other good and sufficient cause, the personal representative may report that fact to the court and apply for any order that he deems necessary in connection therewith.

  4.  Notwithstanding sections 473.360, 473.363, and 473.367, a personal representative may pay any claim at any time with the consent of all interested parties.

  5.  No claim filed with the court or acknowledged by the personal representative in writing to be a just claim, within the time specified in sections 473.360, 473.363 and 473.367, shall be barred on the basis of the claim not having been served upon the personal representative within the time specified in sections 473.360, 473.363, and 473.367.

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(L. 1955 p. 385 § 161, A.L. 1969 p. 553, A.L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision, A.L. 1996 S.B. 494)

Effective 5-23-96

(1995) Six-month bar also applies in conservatorships.  Rebound, Inc. v. Pugh, 912 S.W.2d 660 (Mo.App.W.D.).


---- end of effective   23 May 1996 ----

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