Missouri Revised Statutes













Chapter 473

Probate Code--Administration of Decedents' Estates

←473.767

Section 473.770.1

473.771→

August 28, 2015

Deputies, appointment, tenure, compensation, powers (first classification counties)--delegation of duties, certain counties.

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

county of the first class, it is necessary for the proper and efficient

conduct of the business of the public administrator's office that the public

administrator appoint any deputies 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 one or more deputies 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 each 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 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 any 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 the public administrator's certificate

of appointment.



2. In all counties of the first classification not having a charter form

of government and containing a portion of a city having a population of three

hundred thousand or more inhabitants, the compensation of each such deputy

shall be set by the public administrator, with the approval of the governing

body of the county, and shall be paid in equal monthly installments out of

the county treasury. In all other counties of the first classification the

compensation of each such deputy shall be prescribed and paid by the public

administrator out of the fees to which he or she is legally entitled, and no

part of such compensation shall be paid out of any public funds or assessed

as costs or allowed in any estate.



3. Each deputy so appointed 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

deputy-authorization 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 of the first

classification having a charter form of government and containing all or part

of a city with a population of at least three hundred thousand inhabitants,

and a public administrator in any 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. 1957 p. 869 §§ 1, 2, A.L. 1978 H.B. 1634, A.L. 1981 S.B. 423,

A.L. 1983 S.B. 44 & 45, A.L. 1993 S.B. 88, A.L. 2005 H.B. 58 merged

with S.B. 210)





1993



1993



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

administrator in any county of the first class, it is necessary

for the proper and efficient conduct of the business of his

office that he appoint any deputies 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 one or more

deputies 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 each 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 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 any 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. In all first class counties not having a charter form of

government and containing a portion of a city having a population

of three hundred thousand or more inhabitants, the compensation

of each such deputy shall be set by the public administrator,

with the approval of the governing body of the county, and shall

be paid in equal monthly installments out of the county treasury.

In all other first class counties the compensation of each such

deputy shall be prescribed and paid by the public administrator

out of the fees to which he is legally entitled, and no part of

such compensation shall be paid out of any public funds or

assessed as costs or allowed in any estate.



3. Each deputy so appointed 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

deputy-authorization 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

of the first class having a charter form of government and

containing all or part of a city with a population of at least

three hundred thousand inhabitants may delegate to any deputy

appointed by him any of the duties of the public administrator

enumerated in section 473.743, and sections 475.120 and 475.130,

RSMo. 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.



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