473.380. Claims, form and verification — claim to be established by evidence. — 1. No claim other than for costs and expenses of administration shall constitute a claim against an estate unless it is in writing, stating the nature and amount thereof, if ascertainable, and is signed by the claimant, or by some person for him who has knowledge of the facts, stating that to the best of his knowledge and belief he has given credit to the estate for all payments and offsets to which it is entitled and that the balance claimed is justly due.
2. If a claim is founded on a written instrument, the original or a copy thereof with all endorsements shall be attached to the claim. The original instrument shall be exhibited to the personal representative, upon demand, unless it is lost or destroyed, in which case its loss or destruction shall be stated in the claim.
3. The statement of claim herein required shall not be received as any evidence of the claim but such claim shall be established by competent evidence before it is paid or adjusted.
4. Upon the filing of any claim, the probate clerk shall immediately send a copy of the claim to the personal representative or his attorney.
Notes of Decisions
Jensen v. Est. of McCall, 426 S.W.2d 52 (Mo. 1968).
· cites it 13× “The primary issues presented on appeal are whether the written demand states the nature of the claim sufficiently to comply with § 473.380, RSMo 1959, V.A.M. S., whether the contract on which the claim is founded is invalid for lack of mutuality, and whether the action is one in…”
Est. of Angevine v. Evig, 675 S.W.2d 440 (Mo. Ct. App. 1984).
· cites it 5× “Section 473.380 RSMo Supp.1983 provides that a general claim against an estate must be in writing, stating the nature and amount thereof, and signed by the claimant.”
Hayes v. Cardwell, 575 S.W.2d 816 (Mo. Ct. App. 1978).
· cites it 3× “” Section 473.380, which deals with “form and verification of claims,” requires only that a claim be “in writing, stating the nature and amount thereof, if ascertainable,” and be accompanied by an affidavit containing certain statements.”
Johnson v. Est. of Girvin, 414 S.W.2d 245 (Mo. 1967).
· cites it 4× “" If the case be viewed as one on express contract, the question is whether a valid claim was stated under § 473.380, RSMo 1959, V.A.M.S. I do not believe that a valid claim was stated on a theory of express contract.”
Claim of Bench v. Est. of Egan, 363 S.W.2d 547 (Mo. 1963).
· cites it 3× “required by Section 473.380 RSMo 1959, V.A.M.S., nor would the contract or a copy of it, if attached to the claims, have pointed out the breach or breaches intended to .”
Hubbard v. Est. of Happel, 382 S.W.2d 416 (Mo. Ct. App. 1964).
· cites it 3× “Defendant cites Section 473.380, RSMo 1959, V.A.M.S., which provides in part that no claim shall be allowed against an estate unless it is accompanied by an affidavit of the claimant stating that to the best of his knowledge and belief he has given credit to the estate for all…”
State ex rel. Nollmann v. Gunn, 513 S.W.2d 710 (Mo. Ct. App. 1974).
· cites it 5× “x9VslEhP4vx0ssN9Qzd04uhpsh8nfRL/a6pq+vcP6A82VHwTo+AfRzvMcNdr77HtJK9m/fZsQRQto60MvxH7fo0Rig0mG1fKeW7zY/OsHRzd+K4j7fn/Xe+kPav3AcPHVS2G9v9v8YcJvvvbtOtBNFr8SiAd8678AjXrdQKXll0lMiakJgML4X8/fyS5LX1n902uR/8v/wcdzBeZdz/oGSy4ec56z6bhKt13NpfQefRUFe/oZKG+WJCIi90Xko+Pi9CZyX6To7vFupS/Skyh9eig…”
Nicholls v. Lowther, 491 S.W.2d 3 (Mo. Ct. App. 1973).
· cites it 2× “…and the cause is remanded. SIMEONE and KELLY, JJ., concur. . All statutory references are to RSMo 1969 (V.A.M.S.). . Section 473.380.”
Duncan v. Est. of Booker, 816 S.W.2d 705 (Mo. Ct. App. 1991).
· cites it 3× “Section 473.380 reads, in pertinent part: “1.”
State, Dep't of Soc. Servs. v. Schwenneker, 742 S.W.2d 581 (Mo. Ct. App. 1987).
· cites it 2× “Lastly, appellant maintains that respondent should fail because it failed to attach certain documents to its claim against the estate pursuant to § 473.380 RSMo 1986. We do not agree;’ *584 Section 473.”
In Re Est. of Conard, 272 S.W.3d 313 (Mo. Ct. App. 2008).
· cites it 2× “] Section 473.380 does not specify any sanction for a claimant's failure to file a properly signed claim prior to the claims bar date.”
Conard v. Engel, 272 S.W.3d 313 (Mo. Ct. App. 2008).
· cites it 2× “] Section 473.380 does not specify any sanction for a claimant’s failure to file a properly signed claim prior to the claims bar date.”
Mo. Rev. Stat. § 473.380(1): 1 case
State ex rel. Nollmann v. Gunn, 513 S.W.2d 710 (Mo. Ct. App. 1974).
“x9VslEhP4vx0ssN9Qzd04uhpsh8nfRL/a6pq+vcP6A82VHwTo+AfRzvMcNdr77HtJK9m/fZsQRQto60MvxH7fo0Rig0mG1fKeW7zY/OsHRzd+K4j7fn/Xe+kPav3AcPHVS2G9v9v8YcJvvvbtOtBNFr8SiAd8678AjXrdQKXll0lMiakJgML4X8/fyS5LX1n902uR/8v/wcdzBeZdz/oGSy4ec56z6bhKt13NpfQefRUFe/oZKG+WJCIi90Xko+Pi9CZyX6To7vFupS/Skyh9eig…”
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