Missouri Revised Statutes













Chapter 473

Probate Code--Administration of Decedents' Estates

←473.770

Section 473.771.1

473.773→

August 28, 2015

Deputies, appointment in all counties but counties of the first classification--tenure--compensation--powers--delegation to deputies.

473.771. 1. Whenever, in the judgment of any public administrator in any

county which is not a county of the first classification, it is necessary for

the proper and efficient conduct of the business of his or her office that the

public administrator appoint a deputy to assist the public administrator in

the performance of his or her official duties as public administrator or as

executor, administrator, personal representative, guardian, or conservator in

any estates wherein the public administrator has been specially appointed, the

public administrator may appoint a deputy to assist him or her in the

performance of his or her duties as public administrator and as executor,

administrator, personal representative, guardian, or conservator in the

estates wherein the public administrator has been specially appointed. The

appointment shall be in writing and shall be filed with the court, and, upon

the filing, the court shall issue under its seal a certificate of the

appointment for the deputy, stating that the appointee is vested with the

powers and duties conferred by this section. The certificate shall be valid

for one year from the date, unless terminated prior thereto, and shall be

renewed from year to year as long as the appointment remains in force, and

may be taken as evidence of the authority of the deputy. The appointment and

authority of a deputy may at any time be terminated by the public

administrator by notice of the termination filed in the court, and upon

termination the deputy shall surrender his or her certificate of appointment.



2. The compensation of a deputy appointed pursuant to the provisions of

this section shall be prescribed and paid by the public administrator out of

the fees to which he or she is legally entitled.



3. A deputy appointed pursuant to the provisions of this section shall be

authorized to perform such ministerial and nondiscretionary duties as may be

delegated to him or her by the public administrator, including:



(1) Assembling, taking into possession, and listing moneys, checks,

notes, stocks, bonds and other securities, and all other personal property of

any and all estates in the charge of the public administrator;



(2) Depositing all moneys, checks, and other instruments for the payment

of money in the bank accounts maintained by the public administrator for the

deposit of such funds;



(3) Signing or countersigning any and all checks and other instruments

for the payment of moneys out of such bank accounts, in pursuance of general

authorization by the public administrator to the bank in which the same are

deposited, as long as such authorization remains in effect;



(4) Entering the safe deposit box of any person or decedent whose estate

is in the charge of the public administrator and any safe deposit box

maintained by the public administrator for the safekeeping of assets in his or

her charge, as a deputy of the public administrator, pursuant to general

authorization given by the public administrator to the bank or safe deposit

company in charge of any such safe deposit box, as long as such authorization

as a deputy remains in effect, and withdrawing therefrom and depositing

therein such assets as may be determined by the public administrator. The bank

or safe deposit company shall not be charged with notice or knowledge or any

limitation of authority of the authorized deputy, unless specially notified

in writing thereof by the public administrator, and may allow the deputy

access to the safe deposit box, in the absence of notice, to the full extent

allowable to the public administrator in person.



4. The enumeration of the foregoing powers shall not operate as an

exclusion of any powers not specifically conferred. No authorized deputy

shall exercise any power, other than as prescribed in this section, which

shall require the exercise of a discretion enjoined by law to be exercised

personally by the executor, administrator, personal representative, guardian,

or conservator in charge of the estate to which the discretionary power

refers.



5. Notwithstanding the provisions of subsections 3 and 4 of this section

to the contrary, a public administrator in a county which is not a county of

the first classification may delegate to any deputy appointed by the public

administrator any of the duties of the public administrator enumerated in

section 473.743, and sections 475.120 and 475.130. Such public administrator

may also delegate to a deputy who is a licensed attorney the authority to

execute inventories, settlements, surety bonds, pleadings, and other

documents filed in any court in the name of the public administrator, and the

same shall have the force and effect as if executed by the public

administrator.



(L. 1988 H.B. 1371, A.L. 2005 H.B. 58 merged with S.B. 210)





1991



1991



473.771. 1. Whenever, in the judgment of any public

administrator in any county which is not a first class county, it

is necessary for the proper and efficient conduct of the business

of his office that he appoint a deputy to assist him in the

performance of his official duties as public administrator or as

executor, administrator, personal representative, guardian, or

conservator in any estates wherein he has been specially

appointed, the public administrator may appoint a deputy to

assist him in the performance of his duties as public

administrator and as executor, administrator, personal

representative, guardian, or conservator in the estates wherein

he has been specially appointed. The appointment shall be in

writing and shall be filed with the court, and, upon the filing,

the court shall issue under its seal a certificate of the

appointment for the deputy, stating that the appointee is vested

with the powers and duties conferred by this section. The

certificate shall be valid for one year from the date, unless

terminated prior thereto, and shall be renewed from year to year

as long as the appointment remains in force, and may be taken as

evidence of the authority of the deputy. The appointment and

authority of a deputy may at any time be terminated by the public

administrator by notice of the termination filed in the court,

and upon termination the deputy shall surrender his certificate

of appointment.



2. The compensation of a deputy appointed pursuant to the

provisions of this section shall be prescribed and paid by the

public administrator out of the fees to which he is legally

entitled.



3. A deputy appointed pursuant to the provisions of this

section shall be authorized to perform such ministerial and

nondiscretionary duties as may be delegated to him by the public

administrator, including:



(1) Assembling, taking into possession, and listing moneys,

checks, notes, stocks, bonds and other securities, and all other

personal property of any and all estates in the charge of the

public administrator;



(2) Depositing all moneys, checks, and other instruments for

the payment of money in the bank accounts maintained by the

public administrator for the deposit of such funds;



(3) Signing or countersigning any and all checks and other

instruments for the payment of moneys out of such bank accounts,

in pursuance of general authorization by the public administrator

to the bank in which the same are deposited, as long as such

authorization remains in effect;



(4) Entering the safe deposit box of any person or decedent

whose estate is in the charge of the public administrator and any

safe deposit box maintained by the public administrator for the

safekeeping of assets in his charge, as a deputy of the public

administrator, pursuant to general authorization given by the

public administrator to the bank or safe deposit company in

charge of any such safe deposit box, as long as such

authorization as a deputy remains in effect, and withdrawing

therefrom and depositing therein such assets as may be determined

by the public administrator. The bank or safe deposit company

shall not be charged with notice or knowledge or any limitation

of authority of the authorized deputy, unless specially notified

in writing thereof by the public administrator, and may allow the

deputy access to the safe deposit box, in the absence of notice,

to the full extent allowable to the public administrator in

person.



4. The enumeration of the foregoing powers shall not operate

as an exclusion of any powers not specifically conferred. No

authorized deputy shall exercise any power, other than as

prescribed in this section, which shall require the exercise of a

discretion enjoined by law to be exercised personally by the

executor, administrator, personal representative, guardian, or

conservator in charge of the estate to which the discretionary

power refers.



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