When a deceased person had a contract to sell or lease property, a court can order the person handling the estate to follow through on that deal. The estate manager signs and delivers the paperwork to transfer the property once the other party holds up their end of the contract. If the original contract included warranties, those promises are binding on the estate but not personally on the estate manager. If the deceased person's will already gave the estate manager permission to make such transfers, the estate manager can do it without going to court. A deed made this way is just as valid as if the deceased person had signed it themselves.
473.310. of contract of , — — or under . — 1. If the court, after all parties, believes that specific execution of such contract ought to be made, it shall make an that the execute and an to the person entitled upon performance of the contract.
2. The shall refer in apt and terms to the under which it is made, shall the property according to the order and shall be by the personal representative. If the contract for a conveyance requires the giving of warranties, the to be given by the personal representative shall contain the warranties required. Such warranties shall be on the as though made by the decedent but shall not bind the personal representative personally.
3. If a personal representative has been given power by will to make a conveyance or lease, he may execute, the foregoing procedure, and without order of the court, a conveyance or lease to the person entitled thereto upon performance of the contract.
4. The deed made under this section is as as if it had been by the decedent.
(RSMo 1939 §§ 171, 172, 173, A.L. 1955 p. 385 § 120, A.L. 1980 S.B. 637, A.L. 1983 H.B. 369)
Prior revisions: 1929 §§ 172, 173, 174; 1919 §§ 171, 172, 173; 1909 §§ 180, 181, 182
Tap any gold-underlined word to see what it means.
Related Missouri laws
Notice
RSMo 473.307
Action for specific performance
RSMo 473.313
Specific execution of contract of decedent
RSMo 473.303
Completion of contracts to purchase property
RSMo 473.317
Continuation of business of decedent
RSMo 473.300
Interest may be sold, when
RSMo 473.320
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.