473.423. Claim of personal representative — how established — procedure — fee. — A personal representative may establish a claim against the estate by proceeding against his corepresentative in the manner prescribed for other persons; but if there is no corepresentative, he shall file his claim and other papers, and, unless the persons whose interests would be adversely affected consent thereto in writing, the court shall appoint some suitable person as administrator ad litem to appear and manage the defense. The fee allowed to the administrator ad litem shall be charged against the claimant as costs unless the claimant can show that the claim arose prior to decedent's death or, that by advancing funds on behalf of the estate, the estate was benefitted thereby, in which event the fee allowed the administrator ad litem shall be charged as costs against the estate and paid as an expense of administration.
Notes of Decisions
In Re: R. Scott Gardner, 565 S.W.3d 670 (Mo. 2019).
· cites it 3× “The personal representative may close the estate and make final distributions only after the court has reviewed and approved this final settlement. § 473.583. Further, even were it appropriate to treat Mr.”
In re Charron, 918 S.W.2d 257 (Mo. 1996).
· cites it 6× “In making this payment, however, Respondent failed to file a claim against the estate, nor did he apply for appointment of an administrator ad litem as required under § 473.423, RSMo 1986, when the personal representative is also a creditor of the estate.”
State ex rel. Burke v. Ross, 420 S.W.2d 365 (Mo. Ct. App. 1967).
· cites it 4× “§ 473.423. “An * * * administrator may establish a claim against his * * * intestate * * * he shall file his claim and other papers, and the court shall appoint some suitable person as administrator ad litem to appear and manage the defense.”
Steva v. Steva, 332 S.W.2d 924 (Mo. 1960).
“§ 473.423. Statutory references are to RSMo 1949, V.”
Crabill v. Hoffman, 518 S.W.2d 453 (Mo. Ct. App. 1975).
· cites it 3× “Section 473.423, RSMo 1969, V.A.M.S.; Hoffman v.”
Adams v. Braggs, 739 S.W.2d 744 (Mo. Ct. App. 1987).
“Once she thereafter became personal representative, however, her entitlement to reimbursement was subject to the restrictions of § 473.423, applicable to claims by personal representatives.”
Moore v. Est. of Adams, 303 S.W.2d 936 (Mo. 1957).
“Adams’ estate, but, inasmuch as appellant Watson, in accord with § 473.423 (old § 464.230) RSMo 1949, Supp.”
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