When someone dies, the person in charge of their estate (called an executor or administrator) gets to take control of all the dead person's belongings and property to pay debts and wrap up the estate. Some items set aside for a surviving spouse or young children are excluded. A court can also order that person to take control of any land or buildings the deceased owned, if needed to pay debts or keep the property from falling apart. While in charge of real estate, that person collects rent, pays taxes, keeps buildings in decent shape, and can get insurance on them.
473.263. of . — 1. Every or has a right to and shall take possession of all the of the except of the and unmarried , and it in accordance with this law.
2. The court, or on the of any , may the executor or administrator to take possession of the of the decedent when necessary for the payment of or for the preservation thereof. When ordered to take possession of real estate, the executor or administrator shall pay the taxes and collect the rents and earnings thereon until the is settled or until delivered by order of the court to the . He may rent the of the estate for a period not exceeding one year. He shall keep in the buildings and fixtures under his control and may protect the same by insurance. He may maintain an for the possession of the real property or to determine the to the same.
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Source & history notes
(L. 1955 p. 385 § 106) Exempt property and allowances to surviving spouse and children, 474.250 to 474.280 Uniform act for simplification of fiduciary security transfers, Chap. 403 (1962) Administrator was properly refused credit for expenses of operation of deceased's farm where he had not sought or obtained an order from the probate court authorizing him to do so. In re Alexander's Estate (Mo.), 360 S.W.2d 92.
Related Missouri laws
Devolution of estate at death
RSMo 473.260
Assets for payment of claims
RSMo 473.267
Collection of debts, prosecution and defense of suits
RSMo 473.270
Inventory as evidence
RSMo 473.253
Actions instituted by or against decedent, duties
RSMo 473.273
Debt of administrator, assets
RSMo 473.250
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.