473.263. Possession of assets. — 1. Every executor or administrator has a right to and shall take possession of all the personal property of the decedent except exempt property of the surviving spouse and unmarried minor children, and administer it in accordance with this law.
2. The court, on its own motion or on the motion of any interested person, may order the executor or administrator to take possession of the real estate of the decedent when necessary for the payment of claims or for the preservation thereof. When ordered to take possession of real estate, the executor or administrator shall pay the taxes and collect the rents and earnings thereon until the estate is settled or until delivered by order of the court to the distributees. He may rent the real property of the estate for a period not exceeding one year. He shall keep in tenantable repair the buildings and fixtures under his control and may protect the same by insurance. He may maintain an action for the possession of the real property or to determine the title to the same.
Notes of Decisions
Cited in
16
cases (
1 in the last 5 years), 1962–2023 · leading case:
Bolin v. Anders, 559 S.W.2d 235 (Mo. Ct. App. 1977).
Bolin v. Anders, 559 S.W.2d 235 (Mo. Ct. App. 1977).
· cites it 3× “It is a sufficient answer to this argument to point out that the judgment for $12,000 for the property converted from real estate to personalty is directed by the court decree to be *247 paid to the administrator and that, clearly, under Section 473.263 RSMo 1969, the…”
Johnson v. Patrick, 807 S.W.2d 552 (Mo. Ct. App. 1991).
· cites it 3× “and is chargeable with the expenses of administering the estate, the payment of other claims and allowances to the family — ” Section 473.263, RSMo 1986, provides, in part: “2.”
Clapper v. Chandler, 406 S.W.2d 114 (Mo. Ct. App. 1966).
· cites it 6× “* * * ” Nor does Section 473.263, concerning the possession of the decedent’s assets, make it the duty of the personal representative to take possession of the real property, as does' its counterpart in the Model Code.”
In Re Alexander's Est., 360 S.W.2d 92 (Mo. 1962).
· cites it 3× “[***] Now Section 473.263 RSMo 1959, V.A.M.S. [] Now Section 473.”
Lovata v. Helfers, 899 S.W.2d 534 (Mo. Ct. App. 1995).
· cites it 5× “The Lova-tas rely on § 473.263 RSMo 1986. However, that reliance is misplaced.”
In re the Est. of Vester, 4 S.W.3d 575 (Mo. Ct. App. 1999).
· cites it 3× “Section 473.263, RSMo 1994, provides: 1. Every executor or administrator has a right to and shall take possession of all the personal property of the decedent except exempt property of the surviving spouse and unmarried minor children, and administer it in accordance with this…”
Crigler v. Frame, 632 S.W.2d 94 (Mo. Ct. App. 1982).
“Prior to the enactment of § 473.263 in 1955, an administrator had no standing to institute a suit to quiet title to the real estate of the decedent.”
Matter of Est. of Wilde, 963 S.W.2d 336 (Mo. Ct. App. 1997).
· cites it 2× “Semar breached her duty under section 473.263 1 to collect rents between December 6,1991 and August 31, 1993.”
McIntosh v. Connecticut Gen. Life Ins. Co., 366 S.W.2d 409 (Mo. 1963).
· cites it 2× “to the surviving spouse or unmarried minor children, the shares of pretermitted heirs or the share of the surviving spouse who elects to take against the will, in any case where the heirs or devisees to whom such real estate passed by descent or under the will, have sold,…”
Stanley v. Stanley, 655 S.W.2d 88 (Mo. Ct. App. 1983).
“Sections 473.263, RSMo 1978; Bolin v. An- ders, 559 S.”
Est. of Shaw v. McKown, 222 S.W.3d 289 (Mo. Ct. App. 2007).
· cites it 4× “Section 473.263; In re Estate of Vester, 4 S.”
Myers v. Scott, 789 S.W.2d 802 (Mo. Ct. App. 1990).
· cites it 2× “Under § 473.263 and the holding in Hausa-man and Alexander it is clear that an executor or administrator has no authority to expend estate funds for the maintenance, upkeep, or operation of real estate without an order to take possession.”
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