Mo. Rev. Stat. » Chapter 473
Missouri Revised Statutes

Mo. Rev. Stat. § 473.260 (2026)

Devolution of estate at death

✓ current as of May 2026
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  473.260.  Devolution of estate at death. — When a person dies, his real and personal property, except exempt property, passes to the persons to whom it is devised by his last will, or, in the absence of such disposition, to the persons who succeed to his estate as his heirs; but it is subject to the possession of the executor or administrator and to the election of the surviving spouse and is chargeable with the expenses of administering the estate, the payment of other claims and allowances to the family, except as otherwise provided in this law.

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(L. 1955 p. 385 § 105)

Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 1962–2025 · leading case: Basler, Est. of v. Delassus, 690 S.W.2d 791 (Mo. 1985).
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Basler, Est. of v. Delassus, 690 S.W.2d 791 (Mo. 1985). · cites it 4× “Sections 473.260 and 473.263, RSMo 1978, which deal with the personal representative's authority over real estate, contain nothing inconsistent with the result here reached.”
Heidbreder v. Tambke, 284 S.W.3d 740 (Mo. Ct. App. 2009). · cites it 8× “Section 473.260 states as follows: When a person dies, his real and personal property, except exempt property, passes to the persons to whom it is devised by his last will, or, in the absence of such disposition, to the persons who succeed to his estate as his heirs; but it is…”
Bosworth v. Sewell, 918 S.W.2d 773 (Mo. 1996). · cites it 2× “[3] The powers and duties of a personal representative include retaining and receiving assets, performing or refusing performance of contracts, executing deeds, paying expenses, maintaining property, voting stocks, insuring property, paying taxes, etc.”
Johnson v. Patrick, 807 S.W.2d 552 (Mo. Ct. App. 1991). · cites it 3× “Section 473.260, RSMo 1986, provides, in part: “When a person dies, his real .”
Chaney v. Cooper, 954 S.W.2d 510 (Mo. Ct. App. 1997). · cites it 2× “…sold for payment of debts and administrative costs of the estate. See In re Bartels’ Estate, 187 S.W.2d at 350 , and § 473.260, RSMo (1992).”
State v. S.E., 675 S.W.2d 86 (Mo. Ct. App. 1984). · cites it 3× “Section 473.260, RSMo (1978) of the Code states that when a person dies, his real and personal property passes to his heirs or devisees, with that property being subject to the possession of the administrator.”
State Ex Rel. Eagleton v. Hall, 389 S.W.2d 798 (Mo. 1965). · cites it 2× “Section 473.260. (References to statutes are to RSMo 1959 and V.”
Est. of Shaw v. McKown, 222 S.W.3d 289 (Mo. Ct. App. 2007). · cites it 6× “Thus, the McKowns aver, the Independent Personal Representative had possession until they received the deed in February 2005, or, at the very least, the IPR retained possession until September 2004 when he informed them that the property was “transferred” out of the Shaw estate.…”
State v. Cox, 784 S.W.2d 244 (Mo. Ct. App. 1989). · cites it 2× “§ 473.260, RSMo 1986. Therefore both Patricia and J.”
Lucas v. Smith, 383 S.W.2d 513 (Mo. 1964). · cites it 3× “In her petition she alleged that at the time of his death Homer Burbank was the owner of the land and that now “she is the owner in fee simple” (but see Section 473.260 RSMo 1959, V.A.M.S., as to the devolution of title to real estate upon the death of the owner), and that the…”
Clapper v. Chandler, 406 S.W.2d 114 (Mo. Ct. App. 1966). · cites it 2× “It is true that Section 473.260 provides that the heirs’ or devisees’ possession is “ * * * subject to the possession of the executor or administrator * * * and [the property] is chargeable with the expenses of administering the estate [and] the payment of other claims and…”
Est. of Igoe v. United States Internal Revenue Serv., 717 S.W.2d 524 (Mo. 1986). · cites it 2× “§ 473.260, RSMo 1978. But before it reaches the heirs at law it flows through the estate where the administratrix in this case is chargeable with expenses of administration, claims, and allowances to the family.”
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