473.090. Refusal of letters.
Refusal of letters.
473.090. 1. Notwithstanding the limitation periods provided insection 473.050, the probate division of the circuit court, in itsdiscretion, may at any time refuse to grant letters in the following cases:
(1) When the estate of the decedent is not greater in amount than isallowed by law as exempt property and the allowance to the surviving spouseor unmarried minor children under section 474.260, RSMo;
(2) When the personal estate of the decedent does not exceed fifteenthousand dollars and there is no widower, widow or unmarried minorchildren, any creditor of the decedent whose claim has not been barred bysection 473.444 or any creditor of the estate may apply for refusal ofletters by giving bond in the sum of not less than the value of the estate,the bond to be approved by the court, conditioned upon the creditor'sobligating himself or herself to pay, so far as the assets of the estatewill permit, the debts of the decedent in the order of their preference,and to distribute the balance, if any, to the persons entitled to suchbalance under the law. Liability of the sureties on the bond shallterminate unless proceedings against them are instituted within two yearsafter the bond is filed. The court may dispense with the filing of a bondif the court finds the bond is not necessary.
2. Proof may be allowed by or on behalf of the widower, widow,unmarried minor children or creditor before the court of the value andnature of the estate, and if the court is satisfied that no estate will beleft after allowing to the surviving spouse or unmarried minor childrentheir exempt property and statutory allowances or that the personal estatedoes not exceed fifteen thousand dollars when application is made by acreditor, the court may order that no letters of administration shall beissued on the estate, unless, upon the application of other creditors orparties interested, the existence of other or further property is shown.
3. After the making of the order, and until such time as it may berevoked, the surviving spouse, unmarried minor children or creditor maycollect and sue for all the personal property belonging to the estate, if asurviving spouse or creditor, in the same manner and with the same effectas if the person had been appointed and qualified as executor oradministrator of the estate, and if minor children, in the same manner andwith the same effect as now provided by law for proceedings in court byinfants in bringing suit.
4. When the estate of the decedent includes real estate and itsvalue, less liens and encumbrances, together with the personal property, isnot greater in value than the exempt property and allowances to thesurviving spouse or unmarried minor children, the surviving spouse orunmarried minor children are entitled to such real property and may makerecord evidence of title to such real property without appointment of anexecutor or administrator by filing in the office of the recorder of deedsof each county where the real property is situated a certified copy of theorder of refusal of letters, describing the real property, naming thepersons entitled to such real property and showing their right to succeedto the property.
5. The surviving spouse or unmarried minor children who receiveproperty of the estate under this section may retain such property, but acreditor receiving property under this section shall apply the proceeds ofsuch property to debts of the estate in the order in which claims againstthe estate of deceased persons are now classified and preferred by law, andshall distribute the balance, if any, to the persons entitled thereto underthe law. Upon compliance with this procedure, the real estate involvedshall not thereafter be taken in execution for any debts or claims againstthe decedent, but the compliance has the effect of establishing the rightof the surviving spouse or unmarried minor children to succeed to the realproperty; however, nothing in this section shall affect the right ofsecured creditors with respect to the real property.
6. Any person who has paid funeral expenses or debts of decedent isdeemed a creditor for the purpose of making application for the refusal ofletters of administration under this section and is subrogated to therights of the original creditor.
(RSMo 1939 § 2, A.L. 1955 p. 385 § 57, A.L. 1957 p. 829, A.L. 1967 p. 639, A.L. 1971 S.B. 19, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 35, et al., A.L. 1996 S.B. 494)Prior revisions: 1929 § 2; 1919 § 2; 1909 § 10
Effective 5-23-96