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

Mo. Rev. Stat. § 473.370 (2026)

Establishment of claim by judgment

✓ current as of May 2026
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  473.370.  Establishment of claim by judgment — judgment deemed filed, when. — 1.  A person having a claim against an estate may establish the same by the judgment or decree of some court of record, in the ordinary course of proceeding, upon filing a copy of the judgment or decree in the probate division.

  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 473.360 as of the time a copy of the judgment or decree is filed in the probate division as required by this section.

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(RSMo 1939 § 188, A.L. 1955 p. 385 § 142, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)

Prior revisions: 1929 § 189; 1919 § 188; 1909 § 197

Effective 1-01-81

Notes of Decisions
Cited in 16 cases, 1959–2004 · leading case: Clarke v. Organ, 329 S.W.2d 670 (Mo. 1959).
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Clarke v. Organ, 329 S.W.2d 670 (Mo. 1959). · cites it 14× “" Section 473.370 is as *673 follows: "Establishment of claim by judgment—judgment deemed filed, when.”
Missouri High. & Transp. Comm'n v. Myers, 785 S.W.2d 70 (Mo. 1990). · cites it 6× “360, as applied by the majority, but falls rather under the protection of section 473.370, RSMo, which deals specifically with "establishment of claims by judgment.”
Hatfield v. McCluney, 893 S.W.2d 822 (Mo. 1995). · cites it 8× “444 is inapplicable and only § 473.370 applies to his claim. Section 473.”
State Ex Rel. Dep't of Soc. Servs. v. Bowling, 743 S.W.2d 74 (Mo. 1988). · cites it 4× “Except as provided in section 473.370, all claims against the estate of a deceased person, other than costs and expenses of administration, exempt property, family allowance, homestead allowance, claims of the United States and Claims of any taxing authority within the United…”
North v. Hawkinson, 324 S.W.2d 733 (Mo. 1959). · cites it 4× “353, to the one form of action theretofore existing under said prior § 847 for the enforcement and protection of private rights or the redress or prevention of private wrongs. See State v. Harold, 364 Mo.”
In re Wisely, 763 S.W.2d 691 (Mo. Ct. App. 1988). · cites it 7× “Section 473.370, RSMo (1986) sets forth the proper procedure to establish a claim against an estate when the claim involves a judgment rendered prior to the decedent’s death.”
Est. of Angevine v. Evig, 675 S.W.2d 440 (Mo. Ct. App. 1984). · cites it 6× “The court noted that during his lifetime Frederick Angevine did not contest jurisdiction of the Illinois court, nor did he contend that the Illinois judgment was procured by fraud. The court also found that the Illinois judgment was registered on August 7, 1981 in the circuit…”
Christian Health Care of Springfield West Park, Inc. v. Little, 145 S.W.3d 44 (Mo. Ct. App. 2004). “Section § 473.370 authorizes a person having a claim against the estate to establish the claim by obtaining a judgment from a court of record and then filing a copy of the judgment in the probate division.”
Weems v. Montgomery, 126 S.W.3d 479 (Mo. Ct. App. 2004). “Hanna, 4 Missouri Practice, Probate Code Manual § 473.370, p. 259 ("Missouri law does not prohibit the obtaining of a judgment against a decedent’s personal representative in situations where the requirements of § 473.”
Young v. Perkins, 993 S.W.2d 590 (Mo. Ct. App. 1999). · cites it 6× “Section 473.370, RSMo 1994, provides in part that a person with a claim against an estate may establish that claim by filing a copy .”
Bailey v. Richardson, 667 S.W.2d 720 (Mo. Ct. App. 1984). · cites it 2× “Except as provided in section 473.370, all claims against the estate of a deceased person, other than costs and expenses of administration, exempt property, family allowance, homestead allowance, claims of the United States and claims of any taxing authority within the United…”
Rushing v. S. Missouri Bank, 859 S.W.2d 211 (Mo. Ct. App. 1993). · cites it 2× “Except as provided in section 473.370, all claims against the estate of a deceased person .”
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