Section 5.27 Supervised Administration

• Library: Estate Administration 2014 Supp

A. (§5.27) Supervised Administration

A supervised personal representative may not sell personal property of an estate without either an order of the court or a specific direction or authorization in the decedent’s will. Even if there is a testamentary power or direction to sell, the supervised personal representative may still petition the court for approval. Section 473.457.3, RSMo 2000. The personal representative should seek court approval when the testamentary power is vague. In these instances, a court order provides valuable protection to the personal representative if the statutory procedure, described below, is followed precisely.

Property of an estate may be sold under court order for any of the reasons set out in § 473.460.1, RSMo 2000. The first five subparagraphs of § 473.460.1 specify concrete purposes for sale:

· To pay claims

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