473.613. Partial distribution. — 1. Subject to the provisions of section 473.618, upon application of the executor or administrator at any time, or on application of any distributee after the expiration of six months from the date of letters, the court may order the executor or administrator to deliver to any distributee any specific real or personal property, or the possession thereof, to which he is entitled or may decree partial distribution if the court believes that other distributees and claimants are not prejudiced thereby. Within a reasonable time after distribution of property under an order or decree made on application of the executor or administrator and before the decree of final distribution, or at any time before the decree of final distribution if partial distribution was not made on application of the executor or administrator, the court may order the distributee to return all or a part of the property or the value thereof. But no order of return shall be made unless application therefor is filed within the time prescribed by section 473.637 and for the purposes therein provided or for other proper purpose.
2. The partial distribution under this section may be decreed with or without notice to interested parties, as ordered by the court. A decree of partial distribution made after notice to interested persons is as conclusive as a decree of final distribution with respect to the estate distributed except to the extent that other distributees and claimants are deprived of the fair share or amount which they would otherwise receive on final distribution.
3. Before partial distribution is made, the court, upon the request of the executor or administrator, shall require that security be given for the return of the property so distributed to the extent necessary to satisfy the interest of any distributee or claimant prejudiced by the distribution. If partial distribution is made without such request for security, the executor or administrator and his sureties are liable for any loss or damage sustained by any interested party as a result thereof.
Notes of Decisions
Cited in
9
cases, 1957–2019 · leading case:
Higgins v. McElwee, 680 S.W.2d 335 (Mo. Ct. App. 1984).
Higgins v. McElwee, 680 S.W.2d 335 (Mo. Ct. App. 1984).
· cites it 3× “McEl-wee made partial disbursements without waiting for approval of the probate court and without securing a bond as provided for in section 473.613, RSMo.1978. Had he followed the provisions of the statute, he would have suffered no prejudice.”
Minor v. Lillard, 306 S.W.2d 541 (Mo. 1957).
· cites it 4× “” Section 473.613. Although security may be required for the return of the property so distributed, it would be impossible for it ever to appear that there is sufficient money in the estate to pay all claims if the claimants could amend after the expiration of the nonclaim…”
Est. of Fedina v. Fedina, 491 S.W.2d 552 (Mo. 1973).
· cites it 5× “Subsequently, and on October 11, 1967, respondents filed a petition, pursuant to § 473.613 RSMo 1969, for an order of partial distribution.”
In Re: R. Scott Gardner, 565 S.W.3d 670 (Mo. 2019).
“§ 473.613. In a supervised estate, personal representatives must prepare the final settlement of the estate accompanied by "vouchers" verifying every disbursement of the personal representative for review by the court.”
Bohan v. United States, 326 F. Supp. 1356 (W.D. Mo. 1971).
· cites it 4× “Upon application of the executor or administrator at any time, or on application of any distributee, after the expiration of six months from the date of letters, the court may order the executor or administrator to deliver to any distributee who consents to it possession of any…”
In re the Est. of Pilla, 674 S.W.2d 658 (Mo. Ct. App. 1984).
· cites it 2× “Partial distribution in a probate estate is governed by the provisions of § 473.613, RSMo 1978. On application of any distrib-utee after the expiration of six months from the date of letters, the court may order such distribution.”
Est. of Sullivan v. Sullivan, 366 S.W.3d 639 (Mo. Ct. App. 2012).
· cites it 2× “Pursuant to Section 473.613,1 RSMo (2000), 4 upon application of any distributee after six months from the date letters are issued, the probate division “may decree partial distribution if the court believes that other distributees and claimants are not prejudiced thereby.”
Jones v. Jones, 649 S.W.2d 555 (Mo. Ct. App. 1983).
· cites it 6× “The remaining question is whether the absence of an order of partial distribution under § 473.613, RSMo 1978, disqualifies the claimed partial distributions for credit.”
Lamar v. Bookwalter, 213 F. Supp. 860 (W.D. Mo. 1962).
“As heretofore stated, there was no real estate and no debts of consequence, and under § 473.613 V.A.M.S. there being an adequate amount of money to pay the costs of administration and the debts (there was here more than $600,000), the executrix could, at any semi-annual…”
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