Payment of claims not required prior to six months after first publication
When someone dies, the person in charge of their estate (called a personal representative) does not have to pay any debts for the first six months after publicly announcing the death. After six months, they start paying debts that were properly filed or approved. If there is not enough money to pay everything, they can ask the court for help. With everyone's agreement, a debt can be paid at any time. A debt that was properly filed on time cannot be thrown out just because it was not handed directly to the personal representative on time.
473.433. Payment of not required prior to six months after first — payments after six months — insufficient funds — payment with of all parties — no just to be , when. — 1. Prior to the expiration of six months after the date of the first , no shall be compelled to pay any claim presented to him or filed with the court; provided, however, that subsequent to the expiration of the time specified in section 473.360, no personal representative shall pay any claim except , unless, within the time specified in sections 473.360, 473.363, and 473.367, said claim has either been filed with the court or by the personal representative in writing to be a just claim.
2. Upon the expiration of six months after the date of first publication of letters, or when it appears that there are sufficient to pay all claims whether or not theretofore allowed, the personal representative shall proceed to pay all claims to which he has consented or which have been allowed by .
3. If it appears at any time that the is or may be , that there are insufficient funds on hand, or that there is other good and sufficient cause, the personal representative may report that fact to the court and apply for any that he deems necessary in connection therewith.
4. sections 473.360, 473.363, and 473.367, a personal representative may pay any claim at any time with the consent of all .
5. No claim filed with the court or acknowledged by the personal representative in writing to be a just claim, within the time specified in sections 473.360, 473.363 and 473.367, shall be barred on the basis of the claim not having been upon the personal representative within the time specified in sections 473.360, 473.363, and 473.367.
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Source & history notes
(L. 1955 p. 385 § 161, A.L. 1969 p. 553, A.L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision, A.L. 1996 S.B. 494) Effective 5-23-96 (1995) Six-month bar also applies in conservatorships. Rebound, Inc. v. Pugh, 912 S.W.2d 660 (Mo.App.W.D.).
Related Missouri laws
Payments of claims and statutory allowances in order of classification
RSMo 473.430
Extension or renewal of encumbrances of assets
RSMo 473.437
Compromise of claims against estate
RSMo 473.427
Enforcement of judgment, attachment or execution liens which attached prior to decedent's death
RSMo 473.440
Claim of personal representative
RSMo 473.423
Proceedings where real estate has been sold under junior judgment
RSMo 473.443
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.