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Laws from the 1980s
RSMo 473.617effective 28 Aug 1985

Decree of final distribution

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In plain English

When someone dies, their estate (everything they owned) has to be handled by an executor or administrator. Once enough time has passed and the estate is ready to be wrapped up, that person files a final report with the court and asks the court to officially hand out what's left to the right people. The court then issues a decree — an official order — that names who gets what, in what amounts, and settles any leftover unpaid debts. That order is final and legally binding, and if any real estate is included, a copy of the order gets filed in the county where that property is located.

Word-for-word law

473.617. . — 1. After the expiration of the time limit for the of , the or , if the is in a condition to be closed, shall file his and at the same time the court to the of the estate.

2. In its decree of final distribution, the court shall the persons to whom is to be made, and the proportions or parts of the estate, or the amounts, to which each is end under the and the of this law, including the provisions regarding , by the and , , and or . Every tract of so shall be specifically described therein. The decree shall find that the estate is in a condition to be closed; and if all claims have been paid, it shall so state; otherwise the decree shall state that all claims except those therein specified are paid and shall describe the claims for the payment of which a special is , and the amount of the fund; if any which have been duly allowed are unpaid and have not become absolute, such claims shall be described in the decree, which shall state whether the take subject to them. If a fund is set aside for the payment of contingent claims, the decree shall provide for the distribution of such fund in the event that all or a part of it is not needed to satisfy the contingent claims. If a decree of has been previously made, the decree of final distribution shall expressly confirm it, or, for , shall the decree and state specifically what modifications are made.

3. If a dies before distribution to him of his share of the estate, his share may be distributed to the executor or administrator of his estate, if there is one; or if no on his estate is had and none is necessary according to the provisions of sections 473.090 to 473.107, the share of the distributee shall be distributed in accordance therewith.

4. The decree of final distribution is a of the persons who are the to the estate of the and of the extent and character of t interests therein, subject only to the right of and the right to reopen the decree. It operates as the of the of the of the decedent to the distributees therein ; but no transfer before or after the decedent's death by an heir or shall affect the decree, nor shall the decree affect any rights so acquired by grantees from the or .

5. Whenever the decree of final distribution includes real property, a thereof shall be by the executor or administrator in every county of this state in which any real property distributed by the decree is situated. The cost of the decree shall be charged to the estate.

6. Subject to the provisions of section 473.618, the shall make prompt distribution of the of the estate after of any .

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Source & history notes

(L. 1955 p. 385 § 217, A.L. 1985 S.B. 35, et al.)

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 473.617: Decree of final distribution | KnowMo Laws