When someone dies, most people or companies that say the deceased owed them money have one year from the date of death to file that claim. If they do not file it in time, they lose the right to collect that money forever — even if no one told them the person died. There are some exceptions, like claims from the U.S. government, tax agencies, and warranties tied to real estate sales. Also, someone who holds a mortgage or other lien on property the deceased owned can still go after that property even after the one-year window.
473.444. on — when claims . — 1. Unless otherwise barred by law, 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 , or are not paid by the , shall become and shall be forever barred against the , the personal representative, the , and of the one year following the date of the decedent's death, whether or not of the is had or within such one-year period and whether or not during such period a has been given any notice, actual or constructive, of the decedent's death or of the need to file a in any court. No based on any made in connection with the of is barred under this section.
2. Nothing in this section affects or prevents any to any , or other upon property of the estate; except that , , and shall be enforced as provided in this law and not otherwise.
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Source & history notes
(L. 1989 H.B. 145) Effective 7-13-89 (2004) Department of Social Services is a "taxing authority" exempt from one-year limit for filing reimbursement claims against a decedent's estate. In re Cahill, 131 S.W.3d 859 (Mo.App.S.D.). (2010) Section is self-executing and does not require sufficient state involvement to implicate due process protections. State ex rel. Houska v. Dickhaner, 323 S.W.3d 29 (Mo.banc).
Related Missouri laws
Proceedings where real estate has been sold under junior judgment
RSMo 473.443
Enforcement of judgment, attachment or execution liens which attached prior to decedent's death
RSMo 473.440
Extension or renewal of encumbrances of assets
RSMo 473.437
Payment of claims not required prior to six months after first publication
RSMo 473.433
Sale of property under power in will
RSMo 473.457
Payments of claims and statutory allowances in order of classification
RSMo 473.430
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.