When someone is in charge of handling a dead person's estate on their own (called an independent personal representative), they can wrap things up and be done with the job by following certain steps. They have to wait at least six months and ten days after the first public notice was posted, then file a paper called a statement of account that shows all the money that came in and went out, what got paid, and a plan for how to hand out what is left. Copies of this paper get mailed to everyone with a stake in the estate, and those people have 20 days to object. If nobody objects within 20 days, the person in charge hands out the assets as planned. If nobody files a legal action within six months after that paper is filed, the person in charge is fully off the hook for any further claims.
473.840. Completion of — of , when — procedures — objections, time , procedure. — 1. Unless prohibited by of the court, an independent personal representative may complete administration and be in the manner prescribed by this section after six months and ten days from the date of the first of or of administration.
2. To complete administration and be discharged in this manner the independent personal representative shall file in the court a document called a which shall include:
(1) A statement that notice was given under sections 473.033 and 473.783 and that first as required by section 473.783 occurred more than six months before the of the statement of account;
(2) A complete , omitting , of all receipts and of the by the ;
(3) A statement that all , and taxes have been paid in full, or if not paid, what items have not been paid in full and why;
(4) A statement that, unless objection to the proposed is filed in court within twenty days after the filing of the statement of account, the independent personal representative probate assets in accordance with a included in the statement of account;
(5) A schedule of proposed distribution of probate assets; and
(6) A statement that notice was given in the manner provided by (2) of 2 of section 472.100 at least twenty-nine days prior to the filing of the statement of account which notice stated that: (a) the independent personal representative would file the statement of account on a date certain or as continued by the court, and (b) objections to the schedule of proposed distribution shall be filed with the court within twenty days after the filing of the statement of account. The notice shall be published once a week for four weeks, the last publication to be at least seven days prior to the date specified in the notice for filing of the statement of account.
3. Copies of the statement of account, omitting vouchers, copies of the original and any and corrected inventories and all filed in the court, and a notice, shall be mailed together by ordinary mail before they are filed in the court to each . The notice shall state that the statement of account will be filed in the court on a date stated in the notice. Such notice shall further state that if no objection is filed in the court within twenty days after the filing of the statement of account, the independent personal representative will distribute in accordance with the schedule of proposed distribution contained in the statement of account. The notice shall further state that if no is in the court within six months after the filing of the statement of account, the independent personal representative is discharged from further or by an interested party.
4. If no objection is filed within such twenty days after filing, the court shall not have any duty to or make inquiry into such statement of accounts, and the personal representative shall make distribution in accordance with the proposed as filed. If an objection is filed within twenty days, the court shall conduct a on such objections and, if necessary shall require vouchers and audit the statement of account, and thereafter determine and order proper distribution and make an order the .
5. of the mailing of the notice and of the copies of the statement of account, inventories and settlements shall be filed in the court with the statement of account, and such proof shall be by a statement signed by the independent personal representative listing the persons to whom and addresses to which mailing was made and the date of mailing.
6. If no proceeding involving the independent personal representative is filed in the court within six months after the statement of account is filed, the representative is discharged from further claim or demand by any interested party. The court shall not make any order of discharge. If proceedings are filed within six months after the statement of account is filed, the , if any, of the representative, to , shall be determined by the court, and upon of any such liability the court shall make an order discharging the representative.
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Source & history notes
(L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision, A.L. 1983 H.B. 369, A.L. 1996 S.B. 494) Effective 5-23-96
Related Missouri laws
Settlement of estate, when
RSMo 473.837
Time for complete settlement or filing of statement of account
RSMo 473.843
Distribution in kind
RSMo 473.844
Interest of purchaser for value from, or lender to, distributee of property protected
RSMo 473.845
Revocation of independent administration, when
RSMo 473.833
Court may restrain personal representative, when
RSMo 473.830
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.