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RSMo 473.300effective 28 Aug 1955

Continuation of business of decedent

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In plain English

When someone dies and they owned a business, a court can give permission to the executor or administrator (the person in charge of handling the dead person's affairs) to keep running that business if it helps the estate. If the deceased person left a will and had enough money to pay all debts, the court's decision must follow what the will says. The court's order spells out things like who runs the business, what part of the estate is responsible for any new debts, and how long the business can keep running.

Word-for-word law

473.300. Continuation of business of . — Upon a showing of advantage to the , the court may authorize the or to continue any business of the decedent for the of the estate; but if the decedent died and his estate is , the of the court is subject to the of the . The order may be with or without notice. If notice is not given to all before the order is made, the court shall promptly require the giving of notice to such interested persons as have not been previously notified to the effect that such order has been made and that they will have opportunity to why it should not be or . The order may provide:

(1) For the conduct of the business solely by the executor or administrator, or as a to be formed by the executor or administrator, or for the participation as a partner by the executor or administrator in a business in which the decedent was a partner, subject to applicable provisions of law and the agreement of the other person or persons continuing such business as ;

(2) The extent of the of the estate, or any part thereof, or of the executor or administrator, for obligations incurred in the continuation of the business;

(3) As to whether incurred in the conduct of the business are to be solely to the part of the estate set aside for use in the business or to the estate as a whole; and

(4) As to the period of time for which the business may be conducted, and such other conditions, , regulations and requirements as the court orders.

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Source & history notes

(L. 1955 p. 385 § 117)

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 473.300: Continuation of business of decedent | KnowMo Laws