Section 3.22 Continuing Liability of Personal Representative After Final Settlement

• Library: Estate Administration 2014 Supp

V. (§3.22) Continuing Liability of Personal Representative After Final Settlement

The liability of the personal representative for the proper administration of the assets of the estate continues beyond the filing of the final settlement and the 20-day period during which interested parties may file objections to the settlement. Until approval of the final settlement of the estate, the orders of the probate division are interlocutory and subject to review by that court. Rich v. Class, 643 S.W.2d 872 (Mo. App. E.D. 1982).

Upon the court’s approval of the final settlement, the personal representative and the sureties, subject to the right of appeal and the power of the court to vacate its final orders, are relieved from liability for the administration of the estate before the final settlement, including liability with respect to the investment of the assets of the estate. Section 473.597, RSMo 2000. “The court may disapprove the final settlement in whole or in part and surcharge the [personal representative] for any loss caused by any breach of duty.” Id.

Section 473.600, RSMo 2000, requires the personal representative to report to the court receipts and disbursements made after filing the final settlement but before discharge. A settlement, together with...