When someone dies, their estate has to pay off debts, gifts left in a will, and money owed to a surviving spouse or young children. If there is not enough personal property (like cash or belongings) to cover those costs, a court can hold a hearing to decide whether to sell, mortgage, or lease the dead person's real estate to make up the difference. The court sends out notices about the hearing, and if the proof is good enough, the court can order the real estate to be sold, mortgaged, or leased.
473.490. Sale of on court's , when. — 1. If, upon any of the or , it appears that the of an is not sufficient for the payment of , or to the or unmarried , the court may require a to determine if of the estate should be sold, d or d for that purpose.
2. Notice of the hearing, stating the time and nature thereof, shall be given by the in the manner and to the persons as provided in 2 of section 473.493.
3. Upon hearing the matter, and upon the of satisfactory , the court may the sale, mortgage or lease of such real property of the estate as the circumstances may require, and the same proceedings under this law shall thereafter be had in relation to the sale, mortgage or lease as if the same had been instituted on of the executor or administrator, or a or other .
(RSMo 1939 § 165, A.L. 1955 p. 385 § 178, A.L. 1957 p. 829)
Prior revisions: 1929 § 166; 1919 § 165; 1909 § 174
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Related Missouri laws
Sale, mortgage or lease of personal property
RSMo 473.487
Petition to sell, mortgage or lease real estate
RSMo 473.493
Sales of perishable property
RSMo 473.483
Creditor or other person may file petition, when
RSMo 473.497
Validity of proceedings
RSMo 473.480
Order for sale, mortgage or lease of property, content
RSMo 473.500
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.