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RSMo 473.403effective 01 Jan 1981

Allowance of claims

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In plain English

When someone is owed money from a deceased person's estate, they usually have to file their claim and get the court to approve it before getting paid. However, the person in charge of the estate (called the personal representative) can pay certain claims on their own without court approval, as long as the claim is paid or filed on time. If someone objects to that payment in writing, a court hearing will be held to decide if the estate really owed that money. Costs for running the estate can be approved by the court at any time, whether they've been paid already or not.

Word-for-word law

473.403. of — court's duties — allowance by . — 1. Except as provided in subsections 2 and 3 hereof, no is entitled to payment unless his has been duly filed and allowed by the court. Upon the of any claim the court shall allow it in whole or in part, or disallow it. The allowing the claim has the effect of a and bears interest at the , unless the claim provides for a different rate in which case the judgment shall be rendered accordingly.

2. Except in case of the personal representative's own claim, any claim may be paid by the personal representative, without allowance thereof by the court, and may be had therefor in his , provided the same is either paid or filed within the time prescribed by section 473.360; but, if written are duly filed by any within the time allowed for exceptions to the of the personal representative, by the court shall be had thereon. On such hearing the is on the personal representative to prove that the was on the claim for the amount so paid. If the court adjudges that the estate was not liable for any part of the amount paid, the exceptions to such extent shall be .

3. Claims for may be allowed upon of the claimant or of the personal representative, or may be allowed in the of the court at any settlement regardless of whether or not they have been paid by the personal representative.

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Source & history notes

(L. 1955 p. 385 § 152, A.L. 1969 p. 553, A.L. 1980 S.B. 637) Effective 1-01-81

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

RSMo 473.403: Allowance of claims | KnowMo Laws