Section 20.8 Indispensable Parties

• Library: Estate Administration 2014 Supp

B. (§20.8) Indispensable Parties

Section 473.340.4, RSMo 2000, addresses the indispensability of certain parties, providing that:

If the court finds that a complete determination of the issues cannot be had without the presence of other parties, the court may order them to be brought in by an amended or supplemental petition. The court shall order the joinder of the personal representative of the estate if he is not named as a party.

Because an estate cannot act itself, it stands to reason that requiring the personal representative to participate in litigation that may determine the estate’s rights in favor of or against certain property is the only method by which the estate can be bound by the outcome.

Although there have...