473.147. Administrator d.b.n., when appointed.
Administrator d.b.n., when appointed.
473.147. 1. If all the executors or the administrator of anestate die or resign or their letters are revoked, letters ofadministration of the goods remaining unadministered shall begranted in the discretion of the court to any qualifiedbeneficiary or beneficiaries mentioned in the will, if any, or toany person to whom administration could have been granted iforiginal letters had not been obtained.
2. If, after final settlement of an estate is had and theexecutor or administrator has been discharged, unadministeredassets of the estate are discovered, letters of administration ofthe goods remaining unadministered, if there are unpaid allowedclaims or if other good cause is shown, may be granted to thoseto whom administration would have been granted if the originalletters had not been obtained. Any person to whom such lettersare granted shall make his final settlement and be discharged assoon as possible after letters are granted.
3. Any administrator appointed under this section shallperform like duties and incur like liabilities as a formerexecutor or administrator.
(RSMo 1939 § 47, A.L. 1955 p. 385 § 71)Prior revisions: 1929 § 47; 1919 § 46; 1909 § 54
(1977) Discovery of unadministered assets standing alone is not sufficient to bring about operation of the statute. Matter of the Estate of Waller (A.), 559 S.W.2d 312.