When someone dies, people or businesses that are owed money must file their claims with the probate court within six months after the first public notice that the estate is being handled. If a creditor got a direct notice by mail or in person, they have two months from that notice date, whichever comes later. If a claim is not filed in time, it is gone forever — the estate, the heirs, and anyone who received property from the estate do not have to pay it. There is an exception for warranty claims tied to real estate sales, and for certain types of liens like mortgages.
473.360. on of — when claims . — 1. Except as provided in section 473.370, all of a person, other than , , , , claims of the United States and claims of any taxing within the United States, whether due or to become due, absolute or , or , founded on contract or otherwise, which are not filed in the within six months after the date of the first of or of or, if notice was actually mailed to, or upon, such , within two months after the date such notice was mailed, or served, whichever later occurs, or which are not paid by the , within six months after the first published notice of letters testamentary or of administration, are forever barred against the , the personal representative, the , and of the . No based on any made in connection with the of is barred under this section. This six-month period does not extend any other applicable periods.
2. Unless written notice of s instituted or under section 473.363 or 473.367 is filed in the within six months after the first published notice of , no recovery may be had in any such action on any therein against the personal representative out of any being administered upon in the probate division or from any or other person receiving the assets. Timely filing of the against the estate, under this section, within six months after the first published notice of letters, whether said claim is filed before or after the institution or against the personal representative or the estate shall satisfy the requirement of written notice herein imposed.
3. Nothing in this section affects or prevents any to any , or other upon property of the estate; except that , judgment, and shall be enforced as provided in this chapter and not otherwise.
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Source & history notes
(L. 1955 p. 385 § 139, A.L. 1957 p. 829, A.L. 1959 S.B. 305, A.L. 1969 p. 551, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1989 H.B. 145, A.L. 1993 S.B. 88, A.L. 1996 S.B. 494) Effective 5-23-96 Limitations extended by death, survival, RSMo 516.240 516.250 Survival of causes of action, RSMo 431.130, 537.010, 537.020, 537.030 (1960) Where suit on personal injuries claim was filed within the nine months but notice thereof was not filed in the probate court within that time the suit would be dismissed because barred by the nonclaim statute. The 1959 amendment with respect to making the bar applicable only to assets of the estate discussed. Smith v. Maynard (Mo.), 339 S.W.2d 737. (1962) Actions against administrator of estate for personal injuries were barred where actions had been barred under nonclaim statute prior to statute's amendment since amendment did not extend new privileges granted therein to bringing of new actions which had been extinguished prior to effective date of amendment. State ex rel. Whitaker v. hall (Mo.), 358 S.W.2d 845, Potts v. Vadnais (Mo.), S.W.2d 543. (1967) This section is mandatory and its purpose is to terminate all claims, whether due, not due, or contingent. In re Estate of Bierman (A.), 410 S.W.2d 342. (1985) Held, due process does not require any more than publication notice to a creditor that a decedent's estate is being administered and the notice provisions of sections 473.360 and 473.033, RSMo, are constitutional. Estate of Busch v. Ferrell Duncan Clinic (Mo. banc) 700 S.W.2d 87.
Related Missouri laws
Suits pending at decedent's death deemed duly filed, when
RSMo 473.363
Actions commenced after decedent's death deemed filed, when
RSMo 473.367
Establishment of claim by judgment
RSMo 473.370
Claims, form and verification
RSMo 473.380
Discovery of assets, procedure for
RSMo 473.340
Claims not due, proceedings
RSMo 473.383
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.