Missouri Revised Statutes













Chapter 473

Probate Code--Administration of Decedents' Estates

←473.087

Section 473.090.1

473.091→

August 28, 2015

Refusal of letters.

473.090. 1. Notwithstanding the limitation periods provided in section

473.050, the probate division of the circuit court, in its discretion, may at

any time refuse to grant letters in the following cases:



(1) When the estate of the decedent is not greater in amount than is

allowed by law as exempt property and the allowance to the surviving spouse

or unmarried minor children under section 474.260;



(2) When the personal estate of the decedent does not exceed fifteen

thousand dollars and there is no widower, widow or unmarried minor children,

any creditor of the decedent whose claim has not been barred by section

473.444 or any creditor of the estate may apply for refusal of letters by

giving bond in the sum of not less than the value of the estate, the bond to

be approved by the court, conditioned upon the creditor's obligating himself

or herself to pay, so far as the assets of the estate will permit, the debts

of the decedent in the order of their preference, and to distribute the

balance, if any, to the persons entitled to such balance under the law.

Liability of the sureties on the bond shall terminate unless proceedings

against them are instituted within two years after the bond is filed. The

court may dispense with the filing of a bond if the court finds the bond is

not necessary.



2. Proof may be allowed by or on behalf of the widower, widow, unmarried

minor children or creditor before the court of the value and nature of the

estate, and if the court is satisfied that no estate will be left after

allowing to the surviving spouse or unmarried minor children their exempt

property and statutory allowances or that the personal estate does not exceed

fifteen thousand dollars when application is made by a creditor, the court may

order that no letters of administration shall be issued on the estate,

unless, upon the application of other creditors or parties interested, the

existence of other or further property is shown.



3. After the making of the order, and until such time as it may be

revoked, the surviving spouse, unmarried minor children or creditor may

collect and sue for all the personal property belonging to the estate, if a

surviving spouse or creditor, in the same manner and with the same effect as

if the person had been appointed and qualified as executor or administrator

of the estate, and if minor children, in the same manner and with the same

effect as now provided by law for proceedings in court by infants in bringing

suit.



4. When the estate of the decedent includes real estate and its value,

less liens and encumbrances, together with the personal property, is not

greater in value than the exempt property and allowances to the surviving

spouse or unmarried minor children, the surviving spouse or unmarried minor

children are entitled to such real property and may make record evidence of

title to such real property without appointment of an executor or

administrator by filing in the office of the recorder of deeds of each county

where the real property is situated a certified copy of the order of refusal

of letters, describing the real property, naming the persons entitled to such

real property and showing their right to succeed to the property.



5. The surviving spouse or unmarried minor children who receive property

of the estate under this section may retain such property, but a creditor

receiving property under this section shall apply the proceeds of such

property to debts of the estate in the order in which claims against the

estate of deceased persons are now classified and preferred by law, and shall

distribute the balance, if any, to the persons entitled thereto under the law.

Upon compliance with this procedure, the real estate involved shall not

thereafter be taken in execution for any debts or claims against the

decedent, but the compliance has the effect of establishing the right of the

surviving spouse or unmarried minor children to succeed to the real property;

however, nothing in this section shall affect the right of secured creditors

with respect to the real property.



6. Any person who has paid funeral expenses or debts of decedent is

deemed a creditor for the purpose of making application for the refusal of

letters of administration under this section and is subrogated to the rights

of the original creditor.



(RSMo 1939 § 2, A.L. 1955 p. 385 § 57, A.L. 1957 p. 829,

A.L. 1967 p. 639, A.L. 1971 S.B. 19, A.L. 1978 H.B. 1634,

A.L. 1985 S.B. 35, et al., A.L. 1996 S.B. 494)



Prior revisions: 1929 § 2; 1919 § 2; 1909 § 10



Effective 5-23-96







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