Section 5.3 Real Property
Library | Estate Administration 2014 Supp |
C. (§5.3) Real Property
A supervised personal representative may obtain an order of the court to take charge of a decedent’s real property “when necessary for the payment of claims or for the preservation” of real property, § 473.263.2, RSMo 2000, and may take such action as is “prudently required to avoid [imminent] loss, destruction, or loss in value until [the personal representative] can obtain consideration of the matter by the court.” Section 473.297, RSMo 2000. An independent personal representative has much broader control of the decedent’s real property under §§ 473.803 and 473.810, RSMo 2000. Those powers are discussed in §5.7 below.
The supervised personal representative should be aware of the decision in Myers v. Scott, 789 S.W.2d 802 (Mo. App. W.D. 1990), disallowing expenditures relating to real estate made by a personal representative absent an order to take charge. The personal representative in Myers filed a petition for reimbursement in the amount of $77,818.95 for expenses he paid from his own funds for the upkeep and preservation of real estate owned by the decedent. The supervised personal representative had not sought or obtained any order of the probate court to take possession of the real estate for over eight years after his appointment as personal representative, and the reimbursement...
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- Section 5.1 General Rule
- Section 5.2 Personal Property
- Section 5.3 Real Property
- Section 5.4 Bank Accounts
- Section 5.5 Safe Deposit Box
- Section 5.6 Take Possession of Personal Property
- Section 5.7 Take Possession of Real Property Upon Court Order
- Section 5.8 Recover Assets Transferred by Decedent to Pay Estate Creditors
- Section 5.9 Apply for Social Security and Veterans’ Benefits
- Section 5.10 Abandon Valueless Property
- Section 5.11 In General
- Section 5.12 General Rule
- Section 5.13 Statutory Authority
- Section 5.14 Liability of the Personal Representative
- Section 5.15 Particulars to Be Covered in Petition and Order
- Section 5.16 Notice
- Section 5.17 Notice of Hearing
- Section 5.18 Petition for Authority to Continue Operation of Decedent’s Business—Supervised Administration
- Section 5.19 Judgment to Continue Business—Supervised Administration
- Section 5.20 Petition for Authority of Independent Personal Representative to Continue Operation of Decedent’s Business
- Section 5.21 In General
- Section 5.22 Petition for Specific Performance
- Section 5.23 Notice
- Section 5.24 Authority Granted by Order or Provisions of Will
- Section 5.25 Options as Contracts of Sale
- Section 5.26 Statutory Provisions Relating to Independent Administration
- Section 5.27 Supervised Administration
- Section 5.28 Independent Administration
- Section 5.29 Determining Title to Property
- Section 5.30 Parties, Pleadings, Evidence, and Judgment
- Section 5.31 Investment of Assets
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