When someone dies, the person in charge of handling their estate (called an executor or administrator) can ask the court for permission to sell, mortgage, or rent out any real estate that belonged to the deceased person. They have to file paperwork explaining why and describing the property. The court then sets a hearing date and sends notice to family members and others who have a stake in the estate. After hearing the case, the court can approve the sale, mortgage, or rental of the property.
473.493. to sell, or — notice — . — 1. An or may file a petition to sell, mortgage or lease any belonging to the . The petition shall set forth the reason for the and describe the property involved. It may apply for different as to separate parts of the property; or it may apply in the alternative for authority to sell, mortgage or lease. If the property is bound by the of a or , that fact shall be stated in the petition together with detailed as to the date, amount and of the lien. Upon the of the petition, the court shall fix the time and place for the thereof.
2. Notice of the hearing shall state briefly the nature of the application and shall be given to and whose names and addresses appear in the files or records of the case in the and who are and to such other persons as the court directs. The notice shall be given by ordinary mail or by or both as ordered by the court. Publication, if any, shall be at least once each week for four weeks in accordance with section 472.100. Where is ordered, the hearing shall be held at the time specified in the notice which shall not be before the thirtieth day or later than the forty-second day after the date of the first insertion of the publication and, in other cases, the hearing shall be had at the time specified in the notice. For on the date specified, or on a date to which the hearing is duly continued, the court may continue the hearing to a later date without further notice.
3. At the hearing and upon satisfactory proofs, the court may order the sale, mortgage or lease of the property described or any part thereof. When a secured by a mortgage on real property, under the of this law, is payable at the time of of the estate or prior , the court with the of the may, nevertheless, order the sale of the real property subject to the mortgage, but such consent releases the estate should a later appear.
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Source & history notes
(L. 1955 p. 385 § 179, A.L. 1957 p. 829)
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RSMo 473.490
Creditor or other person may file petition, when
RSMo 473.497
Sale, mortgage or lease of personal property
RSMo 473.487
Order for sale, mortgage or lease of property, content
RSMo 473.500
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RSMo 473.483
Validity of proceedings
RSMo 473.480
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.