Section 20.2 Nature and Scope

• Library: Estate Administration 2014 Supp

B. (§20.2) Nature and Scope

The modern version of the discovery-of-assets action is codified in § 473.340, RSMo 2000, of the Missouri Probate Code, Chapters 472–475, RSMo, and has greatly expanded the role of the discovery-of-assets action by allowing many theories of improper or incomplete transfer of title to be alleged in the ultimate effort to declare particular transfers of property from a decedent to be invalid. Section 473.340 provides:

1. Any personal representative, administrator, creditor, beneficiary or other person who claims an interest in property which is claimed to be an asset of an estate or which is claimed should be an asset of an estate may file a verified petition in the probate division of the circuit court in which said estate is pending seeking determination of the title, or right of possession thereto, or both. The petition shall describe the property, if known, shall allege the nature of the interest of the petitioner and that title or possession of the property, or both, are being adversely withheld or claimed. The court may order the joinder, as a party, of any person who may claim an interest in or who may have possession of any such property.

2. Service of summons, petition and answer thereto together with all subsequent proceedings shall be

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