Section 473.830

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 01 Jan 1981, see footnote   

  473.830.  Court may restrain personal representative, when — petition — hearing — procedure. — 1.  On petition of any person who appears to have an interest in the estate, the court, by temporary ex parte order, may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or from exercising any powers or discharging any duties of his office, or may make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the applicant or of some other interested person.  Persons with whom the personal representative may transact business may be made parties.

  2.  The matter shall be set for hearing within ten days unless the parties otherwise agree.  Notice, as the court directs, shall be given to the personal representative and his attorney of record, if any, and to any other parties named defendant in the petition.

  3.  Procedure shall be in accordance with this code and the supreme court rule relating to injunctions.

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(L. 1980 S.B. 637)

Effective 1-01-81