Enforcement of judgment, attachment or execution liens which attached prior to decedent's death
When someone dies and their property had a lien (a legal claim for unpaid debt) attached to it before they died, the person in charge of the estate can pay off that lien to get the property back. If the estate does not have enough money to pay all its debts, the property gets sold to pay off those liens. Certain higher-priority debts get paid first, and if money is left over, it goes back into the estate. If there are multiple liens, they get paid in order of priority, or split fairly if they have equal priority.
473.440. of , or s which attached prior to 's death. — When any of an is bound by the of any judgment, attachment or , which attached prior to the death of decedent, the , when the best interests of the estate require, may obtain the thereof, except that, if the estate is , the property subject to the lien shall be sold in the manner provided by law for the sale of property for the payment of obligations of the estate. The of the sale shall be used first to satisfy and pay the judgment or execution without regard to the thereof, except that in classes one through seven* of section 473.397 have over such , and the , if any, shall be administered as other . If there is more than one judgment, attachment or execution lien, and the estate is insufficient to pay all of them, they shall be paid according to their , or, if they are of equal priority, the proceeds shall be applied to the several liens in proportion to their respective amounts.
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Source & history notes
(L. 1955 p. 385 § 163, A.L. 1980 S.B. 637) Effective 1-01-81 *Seventh class was renumbered to eighth class in section 473.397 by S.B. 806, 2018. Attached property of decedent to be sold only under administration proceedings, 521.450, 521.460 Executions not to issue against executor or administrator, when, 513.075 Executors or administrators not to be summoned as garnishees, when, 525.030
Related Missouri laws
Extension or renewal of encumbrances of assets
RSMo 473.437
Proceedings where real estate has been sold under junior judgment
RSMo 473.443
Limitations on filing claims
RSMo 473.444
Payment of claims not required prior to six months after first publication
RSMo 473.433
Payments of claims and statutory allowances in order of classification
RSMo 473.430
Compromise of claims against estate
RSMo 473.427
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.