When someone dies and their estate is being settled, a court can hand out some of the property early — before everything is fully wrapped up. This is called a partial distribution. A family member or other person set to receive something from the estate can ask for it after six months. The court can also order that person to give the property back later if needed. Before giving out property early, the court may require the person receiving it to put up some kind of guarantee that they can return it if something goes wrong.
473.613. . — 1. Subject to the of section 473.618, upon of the or at any time, or on application of any after the expiration of six months from the date of , the court may the executor or administrator to to any distributee any specific , or the thereof, to which he is entitled or may partial distribution if the court believes that other and are not thereby. Within a reasonable time after of property under an order or decree made on application of the executor or administrator and before the , or at any time before the decree of final distribution if partial distribution was not made on application of the executor or administrator, the court may order the distributee to all or a part of the property or the value thereof. But no order of return shall be made unless application therefor is filed within the time prescribed by section 473.637 and for the purposes therein provided or for other proper purpose.
2. The partial distribution under this section may be decreed with or without notice to , as ordered by the court. A decree of partial distribution made after notice to is as as a decree of final distribution with respect to the except to the extent that other distributees and claimants are deprived of the fair share or amount which they would otherwise receive on .
3. Before partial distribution is made, the court, upon the request of the executor or administrator, shall require that be given for the return of the property so distributed to the extent necessary to satisfy the interest of any distributee or prejudiced by the distribution. If partial distribution is made without such request for security, the executor or administrator and his are for any loss or damage by any as a result thereof.
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Source & history notes
(L. 1955 p. 385 § 216, A.L. 1957 p. 829, A.L. 1985 S.B. 35, et al.) (1984) Refusal to approve a petition for partial distribution is not a final judgment and therefore not appealable. Matter of Estate of Pilla (Mo. App.E.D.), 674 S.W.2d 658.
Related Missouri laws
Distribution, when required
RSMo 473.610
Decree of final distribution
RSMo 473.617
Notice to judgment creditors of distribution
RSMo 473.618
Proceedings to compel settlement
RSMo 473.607
Order in which assets are appropriated
RSMo 473.620
Settlement on death, resignation, or removal of personal representative
RSMo 473.603
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.