473.117. Persons and corporations disqualified as personal representative--designation required--service of process, how made.
Persons and corporations disqualified as personalrepresentative--designation required--service of process, howmade.
473.117. 1. None of the following persons shall beappointed as a personal representative:
(1) No full-time judge of any court of this state or clerk,deputy clerk or division clerk of any court, but a judge, clerk,deputy clerk or division clerk may serve as a personalrepresentative for a decedent who was a spouse or who was withinthe third degree of relationship by consanguinity or affinity ascalculated according to the civil law;
(2) A person under the age of eighteen years or of unsoundmind;
(3) A person who is under legal disability as a result ofconviction of a crime;
(4) A habitual drunkard;
(5) Except as otherwise provided by section 362.600, RSMo, acorporation, partnership or association organized under the lawof a state or country other than the state of Missouri, or anyUnited States national banking association having its principalplace of business outside the state of Missouri;
(6) No personal representative of a personal representative,in consequence thereof, shall be a personal representative of thefirst decedent.
2. When any corporation is named as personal representativein any will hereafter executed, and qualifies as such, thepresumption is that the will was not prepared by a salariedemployee of such corporation. However, upon the application ofany heir or devisee, made in the probate division of the circuitcourt of the county for the removal of such personalrepresentative, said presumption may be rebutted by evidencesatisfactory to the court hearing the application, unless thewill or some codicil or certificate attached thereto contains arecital that at or before the execution of the will the testatorhad advice or counsel in relation thereto from someone not undersalary from such corporation. In the absence of such recital,the court may on such application and upon satisfactory evidencethat said will was prepared by a salaried employee of thecorporation revoke the appointment of and remove such corporationas personal representative.
3. Before a nonresident of this state or a corporationorganized under the laws of another state or country is issuedletters testamentary or of administration he, she or it shallfile in the probate division of the circuit court a designation,including the signature and address, of a resident of this state,or a corporation of this state authorized to administer trusts,as agent for the service of process on and the receipt of noticeby such nonresident or foreign corporation. This designationshall be recited in the letters testamentary or ofadministration. Such a designation may be revoked only by a newdesignation of an agent for service and notice in this state,which shall be endorsed on the letters testamentary or ofadministration. By filing such designation, the nonresidentsubmits personally to the jurisdiction of the court in allproceedings relating to the administration of the estate and tothe performance of his fiduciary duties until discharged of thoseduties by the court.
4. Service of process may be made upon a personalrepresentative who is a nonresident of this state, or acorporation organized under the laws of another state or country,by registered or certified mail, addressed to his, her or itslast reasonably ascertainable address. Notice by ordinary firstclass mail is sufficient if registered or certified mail serviceto the addressee is unavailable. Service may be made upon such apersonal representative in the manner in which service could havebeen made under other laws of this state on either the personalrepresentative or his decedent immediately prior to death. Ifservice is made upon a personal representative as provided inthis subsection, he shall be allowed at least thirty days withinwhich to appear or respond.
(RSMo 1939 §§ 6, 10, A.L. 1955 p. 385 § 62, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1985 S.B. 35, et al., A.L. 1986 S.B. 787, A.L. 1987 H.B. 637)Prior revisions: 1929 §§ 6, 10; 1919 §§ 6, 10; 1909 §§ 14, 18
(1987) This section does not permanently disqualify a person convicted of a felony from being appointed personal representative; rather the court in making the appointment is to consider whether such conviction is reasonably related to the competency of the individual to fulfill the duties of personal representative pursuant to the provisions of section 561.016. In Re Estate of Foxworth, 732 S.W.2d 931 (Mo.App.S.D.).