Missouri Revised Statutes













Chapter 475

Probate Code--Guardianship

←475.190

Section 475.200.1

475.205→

August 28, 2015

Purposes for which property may be sold--petition, examination, order.

475.200. 1. The real or personal property of the protectee, or any part

thereof or any interest therein, may be sold, mortgaged, pledged, leased or

exchanged by the conservator of the estate upon such terms as the court may

order for the purpose of providing for his care, education, treatment,

habilitation, support and maintenance of the protectee or for the care and

maintenance of his family or education of his children, and for the payment

of the protectee's debts, the payment of expenses and costs of

administration, for investment of the proceeds, or in any other case where it

is for the best interests of the protectee.



2. To obtain an order to sell, mortgage, lease or exchange real or

personal property, the conservator shall present to the court a petition

setting forth the condition of the estate and the facts and circumstances on

which the petition is founded. If, after a full examination of the petition

and the testimony of credible and disinterested witnesses, if such testimony

is deemed necessary, it appears to the court that it is for the best interests

of the protectee, an appropriate order may be made for any of the purposes

under subsection 1 hereof as the court considers suited to the case.



3. If the conservator does not make such application, a creditor or

other person interested in the estate may file a like petition, giving twenty

days' notice to the conservator. On the filing of the petition the court may

order the conservator to furnish such information and records as the court

deems necessary.



4. If, upon settlement of the conservator, it appears that the money on

hand and anticipated income of the estate is not sufficient for the payment

of the costs of the care, education, treatment, habilitation, support and

maintenance of the protectee as required by section 475.120, for the

maintenance of his family and education of his children under section

475.125, or the payment of claims against the estate, the court may require a

hearing to determine if real or personal property of the estate should be

sold, mortgaged, pledged, leased or exchanged for that purpose. Upon hearing

the matter, the court shall proceed as in the case of a petition filed under

either of the preceding subsections.



(L. 1955 p. 385 § 321, A.L. 1957 p. 829, A.L. 1983 S.B. 44

& 45)



Prior revisions: 1929 §§ 410, 411, 481; 1919 §§ 406, 407, 477;

1909 §§ 436, 437, 507







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