Purposes for which property may be sold, mortgaged, leased or exchanged
When someone dies, a court can allow their property to be sold, mortgaged, leased, or traded to take care of the estate's needs. This includes paying debts, taxes, funeral and legal costs, money left to a spouse or kids, or gifts promised in a will. Personal property (like cash, cars, furniture) has to be used up first before any land or buildings can be sold to pay debts, unless the court decides otherwise.
473.460. Purposes for which property may be sold, mortgaged, leased or exchanged. — 1. belonging to an may be sold, mortgaged, leased or exchanged under for any of the following purposes:
(1) For the payment of ;
(2) For the payment of any made to the and of a ;
(3) For the payment of any given by the of the decedent;
(4) For the payment of including ;
(5) For the payment of any gift, estate, or taxes assessed upon the transfer of the estate or due from the decedent or his estate;
(6) For any other purpose in the best interests of the estate; or if it would be burdensome to the or to the or the .
2. may be sold or mortgaged under of the court when necessary for the purpose of making of the estate or any part thereof.
3. Personal property of the estate shall be exhausted before real estate is ordered sold for the payment of the obligations of the estate unless the court otherwise orders.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1955 p. 385 § 169, A.L. 1957 p. 829, A.L. 1965 p. 636, A.L. 1980 S.B. 637) Effective 1-1-81 Conveyances to urban redevelopment corporation, when, 353.120 Homestead allowance, property not to be sold, when, 474.290 (1963) Subdivision (6) does not apply to situations of concern only to heirs and therefore neither the fact that it is desirable to sell the land because it cannot be satisfactorily partitioned in kind nor the fact that the real estate would bring a better price at a private sale by an administrator could make "necessary" the sale of real estate under subdivision (6). McIntosh v. Connecticut General Life Insurance Co. (Mo.), 336 S.W.2d 409. (1974) Held that failure to allege facts in support of statutory grounds for sale of property does not deprive probate court of jurisdiction. Coons v. Stokes (A.), 514 S.W.2d 33.
Related Missouri laws
Sale of property under power in will
RSMo 473.457
No known heirs, property to be sold
RSMo 473.463
Reservation of property under direction of will
RSMo 473.467
Heirs may give bond and prevent sale
RSMo 473.470
Terms of sale
RSMo 473.473
Limitations on filing claims
RSMo 473.444
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.