473.433. Payment of claims not required prior to six months after first publication — payments after six months — insufficient funds — payment with consent of all parties — no just claim to be barred, when. — 1. Prior to the expiration of six months after the date of the first publication of letters, no personal representative shall be compelled to pay any claim presented to him or filed with the court; provided, however, that subsequent to the expiration of the time specified in section 473.360, no personal representative shall pay any claim except costs and expenses of administration, unless, within the time specified in sections 473.360, 473.363, and 473.367, said claim has either been filed with the court or acknowledged by the personal representative in writing to be a just claim.
2. Upon the expiration of six months after the date of first publication of letters, or when it appears that there are sufficient assets to pay all claims whether or not theretofore allowed, the personal representative shall proceed to pay all claims to which he has consented or which have been allowed by final judgment.
3. If it appears at any time that the estate is or may be insolvent, that there are insufficient funds on hand, or that there is other good and sufficient cause, the personal representative may report that fact to the court and apply for any order that he deems necessary in connection therewith.
4. Notwithstanding sections 473.360, 473.363, and 473.367, a personal representative may pay any claim at any time with the consent of all interested parties.
5. No claim filed with the court or acknowledged by the personal representative in writing to be a just claim, within the time specified in sections 473.360, 473.363 and 473.367, shall be barred on the basis of the claim not having been served upon the personal representative within the time specified in sections 473.360, 473.363, and 473.367.
Notes of Decisions
Hatfield v. McCluney, 893 S.W.2d 822 (Mo. 1995).
· cites it 5× “Section 473.433 does not extend the one-year time limitation imposed by § 473.”
In Re: R. Scott Gardner, 565 S.W.3d 670 (Mo. 2019).
· cites it 2× “Gardner could lawfully pay himself a personal representative fee without a court order because it was a claim against the estate under section 473.433. Finally, Mr. Gardner submitted affidavits from attorneys and judges who have experience working with him and can testify to his…”
Rebound, Inc. v. Pugh, 912 S.W.2d 660 (Mo. Ct. App. 1995).
· cites it 3× “] No provision in Chapter 475 specifically excludes application of § 473.433. It would appear that because Chapter 475 does not set forth a specific rule relating to service of a claim on the conservator, § 473.”
Minor v. Lillard, 306 S.W.2d 541 (Mo. 1957).
· cites it 2× “However, Section 473.433 directs that upon the expiration of six months from the date of the first publication of letters and after the adjudication of all claims of classes one through six, or when it appears that there are sufficient assets to pay all of such claims whether or…”
L.G. v. F.G.H., 729 S.W.2d 634 (Mo. Ct. App. 1987).
· cites it 3× “” (our emphasis) Section 473.433 RSMo Cum.Supp. 1984 protects a personal representative from any obligation to make any payment on claims prior to the expiration of six months and authorizes payment only if a claim has been timely filed, except costs and expenses of…”
Est. of Nesselrodt v. Comm'r, 51 T.C.M. 1406 (Tax Ct. 1986).
“No payment of the claim at issue has been made up to the time of trial, however, nor has petitioner presented evidence that all interested parties would consent should the administrator attempt to pay the claim at such a late date. The first notice of letters of administration…”
Adams v. Braggs, 739 S.W.2d 744 (Mo. Ct. App. 1987).
“360 or acknowledgement of a just claim under § 473.433. This theory depends on appellant’s further argument that her subsequent appointment as personal representative related back so that her previous acts as an individual became acts of the personal representative.”
Lg v. Fgh, 729 S.W.2d 634 (Mo. Ct. App. 1987).
· cites it 3× “" (our emphasis) Section 473.433 RSMo Cum.Supp. 1984 protects a personal representative from any obligation to make any payment on claims prior to the expiration of six months and authorizes payment only if a claim has been timely filed, except costs and expenses of…”
Rhodes v. Lockwood, 695 S.W.2d 130 (Mo. Ct. App. 1985).
· cites it 4× “He asserts the filing of his claim with the court without service or notice to the personal representative was not subject to being barred by § 473.433(1) RSMo 1978. 1 Affirmed. The Riddle estate was opened on May 18, 1983.”
Mo. Rev. Stat. § 473.433(1): 1 case
Rhodes v. Lockwood, 695 S.W.2d 130 (Mo. Ct. App. 1985).
“He asserts the filing of his claim with the court without service or notice to the personal representative was not subject to being barred by § 473.433(1) RSMo 1978. 1 Affirmed. The Riddle estate was opened on May 18, 1983.”
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