473.367. Actions commenced after decedent's death deemed filed, when. — Any action commenced against a personal representative, after death of the decedent, is considered a claim duly filed against the estate from the time of serving the original process on the personal representative, and the filing of a written notice in the probate division of the institution of such action within the time prescribed in section 473.360.
Notes of Decisions
Cited in
18
cases (
1 in the last 5 years), 1959–2021 · leading case:
Clarke v. Organ, 329 S.W.2d 670 (Mo. 1959).
Clarke v. Organ, 329 S.W.2d 670 (Mo. 1959).
· cites it 45× “2) or copies of the process and return of service (section 473.367) in the Probate Court within nine months after the first publication.”
North v. Hawkinson, 324 S.W.2d 733 (Mo. 1959).
· cites it 24× “"Except as provided in sections 473.367 and 473.370, all claims against the estate of a deceased person, * * * whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract or otherwise, which are not filed in the probate court within nine…”
Missouri High. & Transp. Comm'n v. Myers, 785 S.W.2d 70 (Mo. 1990).
· cites it 2× “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 representative out of any assets [of the estate] (emphasis added).”
Weems v. Montgomery, 126 S.W.3d 479 (Mo. Ct. App. 2004).
“360 or § 473.367 have not been met. The operation of those statutes is merely to bar collection of the judgment against the assets of the estate, heirs or distributes.”
State Ex Rel. Whitaker v. Hall, 358 S.W.2d 845 (Mo. 1962).
· cites it 4× “Except as provided in sections 473.367 and 473.370, all claims against the estate of a deceased person, * * whether due or to become due, absolute or contingent, liquidated or unliqui-dated, founded on contract or otherwise, which are not filed in the probate court within nine…”
Dane ex rel. Dane v. Cozean, 584 S.W.2d 120 (Mo. Ct. App. 1979).
· cites it 3× “Section 473.367 provides that “[a]ny action commenced against an executor or administrator, after death of the decedent, is considered a claim duly filed against the estate from the time of serving the original process on the executor and the filing of a written notice in the…”
Nicholls v. Lowther, 491 S.W.2d 3 (Mo. Ct. App. 1973).
· cites it 2× “Section 473.367. We do not need to resolve this novel problem in this case.”
Strumberg v. Mercantile Trust Co., 367 S.W.2d 535 (Mo. 1963).
“Except as provided in sections 473.367 and 473.370, all claims against the estate of a deceased person * * * which are not filed in the probate court within nine months after the first published *538 notice of letters testamentary or of administration, are forever barred against…”
Vanderbeck v. Watkins, 421 S.W.2d 274 (Mo. 1967).
· cites it 2× “360 (1) and Section 473.367 mean to the contrary, then there would be a conflict between subsections 1 and 2 of Section 473.”
Hartford Accident & Indem. Co. v. Bierman, 410 S.W.2d 342 (Mo. Ct. App. 1966).
· cites it 2× “Except as provided in sections 473.367 and 473.370, all claims against the estate of a deceased person, other than costs and expenses of administration and claims of the United States and tax claims of the state of Missouri and subdivisions thereof, whether due or to become due,…”
Orphant v. Orphan, 622 S.W.2d 1 (Mo. Ct. App. 1981).
“1: “Except as provided in sections 473.367 and 473.370, all claims against the estate of a deceased person, other than costs and expenses of administration and claims of the United States and tax claims of the state of Missouri and subdivisions thereof, whether due or to become…”
Thibodeau v. Est. of Wilkinson, 843 S.W.2d 377 (Mo. Ct. App. 1992).
“The probate court’s order contained the following findings: (1) Thibodeau knew of decedent’s death as shown by his May 29, 1990 pro se petition; (2) the petition shows Thibodeau had knowledge that there was a pending estate because the estate is the named defendant and service…”
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