When someone dies and leaves a will, the will might give a person the power to sell or deal with property from the estate. That job usually belongs to the executor (the person named in the will to carry it out). If no one is named, or the named person won't do it, the administrator with the will takes over. A court can also step in to make sure things are handled the right way, and can put someone else in charge of selling property if needed. The executor can choose to follow the rules in the will or the rules set by law when selling, mortgaging, leasing, or trading estate property.
473.457. Sale of property under power in . — 1. The sale and of property under a will shall be made by the acting or , if no other person is appointed by the will for that purpose, or if such person fails or refuses to act.
2. Whenever power to sell or otherwise deal with property under a will, by the terms thereof, is personal to the executor therein , the court may direct the exercise thereof by a or or by some other person. The court has full power to supervise the exercise of such powers and to make such orders as are necessary to the will of .
3. When power to sell, , or exchange property of the has been given to any executor under the terms of any will, the executor may proceed under such power, or under the of this law, as he may determine.
(RSMo 1939 § 132, A.L. 1955 p. 385 § 168)
Prior revisions: 1929 § 133; 1919 § 132; 1909 § 141
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Related Missouri laws
Purposes for which property may be sold, mortgaged, leased or exchanged
RSMo 473.460
No known heirs, property to be sold
RSMo 473.463
Reservation of property under direction of will
RSMo 473.467
Limitations on filing claims
RSMo 473.444
Heirs may give bond and prevent sale
RSMo 473.470
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.