Actions commenced after decedent's death deemed filed, when
When someone files a lawsuit against the person managing a dead person's estate, that lawsuit counts as an official claim against the estate. It counts from the moment the estate manager is formally served with the lawsuit papers, as long as a written notice is also filed with the probate court within the required time limit.
473.367. s after 's death filed, when. — Any action commenced against a , after death of the decedent, is considered a duly filed against the from the time of serving the on the personal representative, and the of a written notice in the of the institution of such action within the time prescribed in section 473.360.
(RSMo 1939 § 184, A.L. 1955 p. 385 § 141, A.L. 1959 S.B. 305, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 185; 1919 § 184; 1909 § 193
Effective 1-01-81
(1962) Actions against of estate for personal injuries were where actions had been barred under prior to 's amendment since amendment did not extend new privileges granted therein to bringing of new actions which had been extinguished prior to of amendment. State ex rel. Whitaker v. Hall (Mo.) 358 S.W.2d 845. Potts v. Vadnais (Mo.), 362 S.W.2d 543.
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Related Missouri laws
Establishment of claim by judgment
RSMo 473.370
Suits pending at decedent's death deemed duly filed, when
RSMo 473.363
Limitations on filing of claims
RSMo 473.360
Claims, form and verification
RSMo 473.380
Claims not due, proceedings
RSMo 473.383
Secured claims
RSMo 473.387
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.