If someone thinks they have a stake in a dead person's estate, they can ask the court to stop the person in charge of that estate (called a personal representative) from taking certain actions. The court can issue a quick order to stop those actions before a full hearing, if it looks like the person in charge might do something that could seriously hurt someone's interests. A full hearing must happen within 10 days.
473.830. Court may restrain , when — — — procedure. — 1. On petition of any person who appears to have an interest in the , the court, by temporary , may restrain a personal representative from performing specified acts of , , or , or from exercising any powers or any duties of his office, or may make any other to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some which would jeopardize unreasonably the interest of the or of some other . Persons with whom the personal representative may transact business may be made parties.
2. The matter shall be set for hearing within ten days unless the parties otherwise agree. Notice, as the court directs, shall be given to the personal representative and his , if any, and to any other parties named in the petition.
3. Procedure shall be in accordance with this code and the supreme court relating to injunctions.
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Source & history notes
(L. 1980 S.B. 637) Effective 1-01-81
Related Missouri laws
Review of compensation of independent personal representative and of employment and compensation of others, when
RSMo 473.827
Revocation of independent administration, when
RSMo 473.833
Compensation of independent personal representative and attorney
RSMo 473.823
Settlement of estate, when
RSMo 473.837
Liability of personal representative
RSMo 473.820
Completion of administration
RSMo 473.840
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.