Section 7.31 Application to Nonprobate Transfers

• Library: Estate Administration 2014 Supp

d. (§7.31) Application to Nonprobate Transfers

Section 461.300, RSMo Supp. 2008, Missouri’s nonprobate transfer law, provides for liability of recipients of recoverable transfers to cover statutory allowances and claims due from the estate. This statute allows an action to recover estate assets except when the deficiency to cover claims is solely attributable to costs and expenses of administration.

To reach the nonprobate assets, a demand for an accounting must first be made on the personal representative by a creditor of the estate, the decedent’s surviving spouse, or one acting for an unmarried minor child of the decedent. If the personal representative does not bring the action for an accounting, a creditor of the estate, the decedent’s surviving spouse,

...