Power of domiciliary foreign personal representative, when executed
When someone dies in another state, a person called a 'foreign personal representative' is in charge of handling their belongings. That person can only act in Missouri if no one in Missouri has already started handling the estate. If someone applies to handle the estate in Missouri, the out-of-state representative loses most of their power, but a Missouri court can let them keep some power to protect the estate. Anyone who acted in good faith before learning about the Missouri case is protected. The Missouri representative takes over all rights and responsibilities from the out-of-state representative.
473.678. Power of , when — of powers — of , when. — The power of a domiciliary foreign personal representative under section 473.677 or 473.691 shall be exercised only if there is no , or therefor, pending in this state. An application or for of the terminates the power of the to act under section 473.677, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be by reason of the application or petition for, or of, local administration. The local personal representative acquires all the rights, and is subject to all duties and obligations, which have by virtue of the exercise of the powers by the foreign personal representative, and may be for him in any or proceedings in this state.
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Source & history notes
(L. 1980 S.B. 637) Effective 1-01-81
Related Missouri laws
Domiciliary foreign personal representative, powers, duties and obligations
RSMo 473.677
Filing of copy of appointment of domiciliary foreign personal representative, when
RSMo 473.676
Applicability of law to estate of nonresident decedent
RSMo 473.675
Priority of personal representative appointed by court of decedent's domicile
RSMo 473.682
Jurisdiction of property
RSMo 473.671
Foreign personal representative subject to jurisdiction of courts of state, when
RSMo 473.685
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.