If someone was wrongly believed to be dead and an administrator was managing their estate, but the letters of administration get canceled, that living person can step in and take over any lawsuits that were started in their name. They can also be swapped in as the defendant in lawsuits that were filed against their administrator. That person has at least three months before being forced to go to trial. If a court judgment was already made against the administrator before the cancellation, the living person can ask to have it reopened by filing a sworn statement saying the claim is wrong or that there is a good defense — but if they do not act within three months, or their defense is found to be no good, the judgment stands.
473.717. for , when — effect on s, s. — 1. After the of such as aforesaid, the person supposed to be dead may, upon of said fact, filed of , be substituted in all actions brought by the administrator of his , whether to judgment or otherwise. He may, in all actions previously brought against his administrator, be substituted as , on proper suggestion, filed by himself or by the therein, but he shall not be compelled to go to trial in less than three months from the time of the of such suggestion.
2. Judgments recovered against the administrator before the revocation of his , as aforesaid, may be opened, upon by the supposed decedent, if made by , denying specifically, on the knowledge of the , the , or specifically alleging the existence of facts which would be a ; but if within said three months, such application shall not be made, or, being made, the facts exhibited shall be an insufficient , the judgment shall be to all intents, saving the defendant's right to have the same reviewed, as in other cases, by or by , as now provided by law. After the of the supposed decedent as defendant in any judgment, as aforesaid, such judgment shall become a on his situate in the county for which the court is held, and shall have the same force and effect as if said action had been originally instituted against said supposed decedent.
(RSMo 1939 § 270)
Prior revisions: 1929 § 271; 1919 § 270; 1909 § 277
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Related Missouri laws
Payment of costs
RSMo 473.720
Distributees to give bond before receiving estate
RSMo 473.713
Revocation of letters, when
RSMo 473.710
Issuance of letters, when
RSMo 473.707
Public administrators
RSMo 473.730
Publication of finding
RSMo 473.703
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.