Section 15 Possession of Assets

• Library: Independent Administration of Estates 2011

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An independent personal representative is directed by statute, unless modified by the will, to take possession and control of
the decedent’s property. Section 473.803, RSMo 2000. But in a break with tradition, the independent personal representative is authorized to leave real and tangible personal property with the person presumptively entitled to it. Id. This authority does not exonerate the independent personal representative from loss to the estate resulting from surrendering possession. Id.

In a supervised estate, a personal representative must obtain a court order to...