475.205. Claims against estate — procedure. — All claims against the estate of a protectee, whether they constitute liabilities of the protectee which arose before or after the conservatorship, or liabilities incurred by the conservator for the benefit of the protectee or his estate, may be filed in the probate division of the circuit court. After hearing, the probate division of the circuit court may allow a claim so filed, in whole or in part, or disallow it. An order allowing a claim has the effect of a judgment and bears interest at the legal rate, unless the claim provides for a different rate, in which case the judgment shall be rendered accordingly.
Notes of Decisions
Christian Health Care of Springfield West Park, Inc. v. Little, 145 S.W.3d 44 (Mo. Ct. App. 2004).
· cites it 2× “§ 475.205 RSMo 1986. Plaintiffs may seek relief in the Probate Division of the Circuit Court of Crawford County and have failed to indicate any basis for ousting that Court of its proper jurisdiction.”
Hall v. Podleski, 355 S.W.3d 570 (Mo. Ct. App. 2011).
· cites it 7× “]” They further claim that a prior hearing and notice to other interested parties is mandated by section 475.205 because the payment of Defendants’ fees constitutes a claim against the estate.”
Rebound, Inc. v. Pugh, 912 S.W.2d 660 (Mo. Ct. App. 1995).
· cites it 4× “433 is inconsistent with § 475.205 which says: All claims against the estate of a protec-tee, whether they constitute liabilities of the protectee which arose before or after the conservatorship, or liabilities incurred by the conservator for the benefit of the protectee or his…”
In the Est. of Livingston, 627 S.W.2d 673 (Mo. Ct. App. 1982).
· cites it 2× “By amendment, this authority has been expanded to include liabilities of the ward accruing before and after guardianship, and liabilities incurred by the guardian for the benefit of the ward or his estate.”
Stephens v. Est. of Campbell, 865 S.W.2d 411 (Mo. Ct. App. 1993).
· cites it 2× “§ 475.205 RSMo 1986. Plaintiffs may seek relief in the Probate Division of the Circuit Court of Crawford County and have failed to indicate any basis for ousting that Court of its proper jurisdiction.”
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