473.147. Administrator d.b.n., when appointed. — 1. If all the executors or the administrator of an estate die or resign or their letters are revoked, letters of administration of the goods remaining unadministered shall be granted in the discretion of the court to any qualified beneficiary or beneficiaries mentioned in the will, if any, or to any person to whom administration could have been granted if original letters had not been obtained.
2. If, after final settlement of an estate is had and the executor or administrator has been discharged, unadministered assets of the estate are discovered, letters of administration of the goods remaining unadministered, if there are unpaid allowed claims or if other good cause is shown, may be granted to those to whom administration would have been granted if the original letters had not been obtained. Any person to whom such letters are granted shall make his final settlement and be discharged as soon as possible after letters are granted.
3. Any administrator appointed under this section shall perform like duties and incur like liabilities as a former executor or administrator.
Notes of Decisions
State Ex Rel. Baldwin v. Dandurand, 785 S.W.2d 547 (Mo. 1990).
· cites it 2× “§ 473.147. If relator is convinced that the letters of administration were improperly issued and that his interests are adversely affected thereby, he may file a motion to revoke the letters.”
In re the Est. of Waller, 559 S.W.2d 312 (Mo. Ct. App. 1977).
· cites it 7× “The two former co-executors of the will of Irvin Waller, deceased, are at war with each other on the issue of whether the estate should be reopened pursuant to § 473.147, 1 which provides for the granting of “letters of administration of the goods remaining unadministered.”
State ex rel. Burke v. Ross, 420 S.W.2d 365 (Mo. Ct. App. 1967).
· cites it 2× “§ 473.147 which provides for the appointment of a successor to an administrator who has died, resigned or been removed, and to situations where the first administrator has been discharged and the subsequent discovery of unadministered assets requires the appointment of another.”
Breen v. Miller, 627 S.W.2d 340 (Mo. Ct. App. 1982).
· cites it 2× “1981), to revoke the letters testamentary of the executor, and in compliance with § 473.147, RSMo 1978, to appoint a successor executor.”
Baldwin v. Williams, 809 S.W.2d 30 (Mo. Ct. App. 1991).
· cites it 2× “Due to an alleged impropriety in the fiduciary duties of Blanche Baldwin, and that Safe-co was not given notice of the winding up of the deceased Protectee’s estate, the annuity may be an omitted asset of the deceased Protectee’s estate, subject to administration under Section…”
Mo. Rev. Stat. § 473.147(2): 1 case
In re the Est. of Waller, 559 S.W.2d 312 (Mo. Ct. App. 1977).
“The two former co-executors of the will of Irvin Waller, deceased, are at war with each other on the issue of whether the estate should be reopened pursuant to § 473.147, 1 which provides for the granting of “letters of administration of the goods remaining unadministered.”
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