☰ Revisor of Missouri

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 13 Jul 1989, see footnote bottom

  473.444.  Limitations on filing claims — when claims barred. — 1.  Unless otherwise barred by law, all claims against the estate of a deceased person, other than costs and expenses of administration, exempt property, family allowance, homestead allowance, claims of the United States and claims of any taxing authority within the United States, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract or otherwise, which are not filed in the probate division, or are not paid by the personal representative, shall become unenforceable and shall be forever barred against the estate, the personal representative, the heirs, devisees and legatees of the decedent one year following the date of the decedent's death, whether or not administration of the decedent's estate is had or commenced within such one-year period and whether or not during such period a claimant has been given any notice, actual or constructive, of the decedent's death or of the need to file a claim in any court.  No contingent claim based on any warranty made in connection with the conveyance of real estate is barred under this section.

  2.  Nothing in this section affects or prevents any action or proceeding to enforce any mortgage, pledge or other lien upon property of the estate; except that attachment, judgment, and execution liens shall be enforced as provided in this law and not otherwise.

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(L. 1989 H.B. 145)

Effective 7-13-89

(2004) Department of Social Services is a "taxing authority" exempt from one-year limit for filing reimbursement claims against a decedent's estate.  In re Cahill, 131 S.W.3d 859 (Mo.App.S.D.).

(2010)  Section is self-executing and does not require sufficient state involvement to implicate due process protections.  State ex rel. Houska v. Dickhaner, 323 S.W.3d 29 (Mo.banc).


---- end of effective   13 Jul 1989 ----

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