Mo. Rev. Stat. » Chapter 461
Missouri Revised Statutes

Mo. Rev. Stat. § 461.071 (2026)

Rights of creditors

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  461.071.  Rights of creditors. — A deceased owner's creditors, surviving spouse and unmarried minor children shall have the rights set forth in section 461.300 with respect to the value of property passing by nonprobate transfer.

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(L. 1989 H.B. 145 § 40, A.L. 1995 S.B. 116)

Notes of Decisions
Cited in 8 cases, 1993–2008 · leading case: In Re Est. of Hayden, 258 S.W.3d 505 (Mo. Ct. App. 2008).
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In Re Est. of Hayden, 258 S.W.3d 505 (Mo. Ct. App. 2008). · cites it 10× “300 derives from Section 461.071 4 within the Nonprobate Transfers Law enacted in 1989.”
Meadows v. Jeffreys, 929 S.W.2d 746 (Mo. Ct. App. 1996). · cites it 5× “The court also noted that § 461.071 provides that beneficiaries of a nonprobate transfer or others receiving property of the decedent by a transfer other than from the administration of the decedent’s probate estate are liable to account to the personal representative for a pro…”
State ex rel. Tinnon v. Mueller, 846 S.W.2d 752 (Mo. Ct. App. 1993). · cites it 3× “Authority for such accounting and recovery is based on § 461.071 RSMo. 1992 Supp. In support of her motion to dismiss below and her petition in this court, Relator Tinnon filed the petition and judgment in an earlier action styled “M.”
In Re Est. of Fischer, 901 S.W.2d 239 (Mo. Ct. App. 1995). · cites it 6× “The court then allowed the personal representative to bring an action for accounting of nonprobate assets under § 461.071 RSMo 1994. The trustees and beneficiaries of the trust appeal the probate court's decision to open administration and to allow the personal representative's…”
Adelman-Adler v. Keathley, 934 S.W.2d 611 (Mo. Ct. App. 1996). · cites it 2× “’s beneficiaries under § 461.071 RSMo. 1994. In response, on May 2, 1994, Adelman-Adler, in her capacity as personal representative of the Keathley, Sr.”
In Re Est. of Givens, 234 S.W.3d 519 (Mo. Ct. App. 2007). “The statutes do provide that the recipient of such a non-probate transfer is potentially hable to a subsequent action by decedent’s creditors *525 for an accounting of the value of property received to the extent necessary to pay statutory allowances and unpaid claims in the…”
Anderson v. Fischer, 901 S.W.2d 239 (Mo. Ct. App. 1995). · cites it 6× “The court then allowed the personal representative to bring an action for accounting of nonprobate assets under § 461.071 RSMo 1994. The trustees and beneficiaries of the trust appeal the probate court’s decision to open administration and to allow the personal representative’s…”
Pulley v. Short, 261 S.W.3d 701 (Mo. Ct. App. 2008). “The court found, further, that the Trust was an antenuptial contract that had, as its primary purpose, the defeat of Tony’s marital rights, and was, therefore, a fraudulent transfer within the meaning of the Missouri Non-Probate Transfers Law, Sections 461.071 and 461.300. The…”
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