Section 13.65 Introduction

• Library: Trusts and Powers 2013 Supp

A. (§13.65) Introduction

Section 461.300, RSMo Supp. 2005, is commonly referred to as the “creditors’ rights” section. It is not technically part of the Nonprobate Transfers Law of Missouri (NTLM), §§ 461.003–461.081, RSMo 2000 and Supp. 2005. It is, however, referenced and made applicable to transfers under the NTLM by § 461.071, RSMo 2000. It applies to all actions commenced after August 28, 1995. Section 461.300.9.

The scope of § 461.300 is broader than that of the NTLM. A person who receives property from a decedent without probate may be subject to the creditors’ rights section even though the property was not received by a “nonprobate transfer” as defined in the NTLM. Thus, property received by means of a revocable trust or joint tenancy with right of survivorship may be subject to the creditors’ rights section. Section 461.300.8.

The original source of the creditors’ rights section was § 6-107 of the Uniform Probate Code, 8 U.L.A. 476 (1998). The purpose was to provide a vehicle for the surviving spouse, minor children, and creditors to obtain the statutory protections that are otherwise lost when probate is avoided.

Section 461.300 was amended in 2004 as part of H.B. 1511, which also enacted the Missouri Uniform Trust Code, Chapter 456, RSMo. The amendment imposes on the personal representative the duty to disclose information regarding the identity of recipients of nonprobate transfers or other transfers that might be recoverable for the estate (defined as...