473.363. Suits pending at decedent's death deemed duly filed, when — personal representative to list pending actions — period of nonclaim not affected. — 1. Any action pending against any person at the time of his death, which, by law, survives against the personal representative, is considered a claim duly filed against his estate from the time substitution of the personal representative for the deceased defendant, or motion therefor, is made and written notice thereof is filed in the probate division.
2. Within ninety days after the appointment of a personal representative, he shall file with the probate division a verified statement of all actions, known to him, pending against his decedent at decedent's death. Within this ninety-day period, the personal representative of a decedent against whom any action, known to the personal representative was pending at the date of death, shall notify in writing all adverse parties to the action or their attorneys of record therein, if any, and the clerk of the court in which the action was pending, stating the date of decedent's death, the name of the court which granted letters testamentary or of administration, the name and address of the person or persons to whom the letters were granted, the number of the estate, and the date of the first publication of notice of granting the letters testamentary or of administration. Nothing herein contained, however, shall be construed as extending, suspending, or in any other way affecting the period of nonclaim provided by section 473.360. In the case of the corporate personal representative, the corporation shall be chargeable with the knowledge of the individual or individuals conducting the administration of the estate. In the case of multiple personal representatives, a personal representative having no knowledge of the pendency of a suit against the decedent shall not be chargeable with the knowledge of a copersonal representative. No personal representative shall have any liability for failing to give notice.
Notes of Decisions
Clarke v. Organ, 329 S.W.2d 670 (Mo. 1959).
· cites it 18× “* * *" Paragraph 2 of the last mentioned section expressly provides that "All actions against the estate of a deceased person, pending or filed under sections 473.363 or 473.367, shall abate or shall be barred unless notice of the revival or institution thereof is filed in the…”
North v. Hawkinson, 324 S.W.2d 733 (Mo. 1959).
· cites it 6× “All actions against the estate of a deceased person, pending or filed under sections 473.363 or 473.367, shall abate or shall be barred unless notice of the revival or institution thereof is filed in the probate court within nine months after the first published notice of…”
Rushing v. S. Missouri Bank, 859 S.W.2d 211 (Mo. Ct. App. 1993).
· cites it 6× “1989, 15 and § 473.363, RSMo 1986. Those statutes provide that an action pending against a person at the time of his death which survives against the personal representative is considered a claim duly filed against the decedent’s estate from the time substitution of the personal…”
Darrah v. Foster, 355 S.W.2d 24 (Mo. 1962).
· cites it 3× “367 deal with actions pending against a person at the time of his death and actions instituted thereafter; they provide that such an action shall he “considered a claim duly filed against” the estate from the time written notice of the action, pending or instituted, is filed in…”
State Ex Rel. Whitaker v. Hall, 358 S.W.2d 845 (Mo. 1962).
· cites it 4× “All actions against the estate of a deceased person, pending or filed under sections 473.363 or 473.367, shall abate or shall be barred unless notice of the revival or institution thereof is filed in the probate court within nine months after the first published notice of…”
Bailey v. Richardson, 667 S.W.2d 720 (Mo. Ct. App. 1984).
· cites it 2× “Unless written notice of actions instituted or revived under section 473.363 or 473.367 is filed in the probate division within six months after the first published notice of letters, no recovery may be had in any such action on any judgment therein against the personal…”
Orphant v. Orphan, 622 S.W.2d 1 (Mo. Ct. App. 1981).
· cites it 2× “2: “Unless written notice of actions instituted or revived under section 473.363 or 473.367 is filed in the probate division within six months after the first published notice of letters, no recovery may be had in any such action on any judgment therein against the executor or…”
In re Wisely, 763 S.W.2d 691 (Mo. Ct. App. 1988).
· cites it 2× “Except where notice of revival of an action or of institution of an action is filed as required by Section 473.363 or 473.367, any judgment or decree is deemed filed within the meaning of Section 473.”
St. Louis Hous. Auth. v. Barnes, 375 S.W.2d 144 (Mo. 1964).
“Unless written notice of actions instituted or revived under sections 473.363 or 473.367 is filed in the probate court within nine months after the first published notice of letters, no recovery may be had in any such action on any judgment therein against the executor or…”
Glover v. Kell, 996 S.W.2d 559 (Mo. Ct. App. 1999).
· cites it 4× “Unless written notice of actions instituted or revived under section 473.363 or 473.367 is filed in the probate division within six months after the first published notice of letters, no recovery may be had in any such actions on any judgment therein against the personal…”
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