RSMo 473.303effective 01 Jan 1981

Specific execution of contract of decedent

In plain English

If someone died before finishing a deal they agreed to — like signing over property — the other person involved in that deal can ask the court to make it happen anyway. They file paperwork with the court explaining the deal and asking the deceased person's estate representative to finish it, usually by signing a deed. If the estate representative is the same person as the other party in the deal, the court will bring in a separate person to handle it fairly.

Word-for-word law

473.303. of contract of — . — 1. If a decedent entered into a contract, , and did not execute the same in his lifetime, nor give power by to execute the same, the other , wishing specific execution of the contract, or the of the decedent, may present a to the court, setting forth the facts and stating that no part of the contract has been satisfied except as set forth, and praying that an be made that the personal representative execute such contract specifically, by executing a for the same.

2. If the other party to the contract with the decedent is his personal representative, the personal representative may proceed against his , if any, in the same manner as prescribed by this law in other cases; but if there is no copersonal representative and he files the petition, the court shall appoint some suitable person as who has the same powers and shall perform the same duties required of personal representative in such cases by this law.

(RSMo 1939 §§ 168, 169, 176, A.L. 1955 p. 385 § 118, A.L. 1980 S.B. 637)

Prior revisions: 1929 §§ 169, 170, 177; 1919 §§ 168, 169, 176; 1909 §§ 177, 178, 185

Effective 1-01-81

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