Effective - 01 Jan 1981
473.675. Applicability of law to estate of nonresident decedent — exceptions. — The law of this state respecting proceedings, procedures and substantive rights relating in any way to the property in this state of a nonresident decedent and its disposition, including by way of illustration, but not limited to, all matters relating to (i) the commencement and conduct of an administration, (ii) distributions during or at the conclusion of an administration, (iii) any trust created under the will of a nonresident decedent, shall apply as if the decedent had been a resident of this state, subject to the following:
(1) Nothing in sections 473.668 to 473.694 shall be deemed to affect:
(a) Methods of proving foreign wills or the admissibility of such wills to probate or to record;
(b) The rights of a surviving spouse electing to accept or take against the will of a nonresident decedent, or the method of such election;
(c) The right of a person to take as a pretermitted heir or otherwise against the will of a nonresident decedent;
(d) The effect of divorce or the birth of a child as working or not working a revocation or partial revocation of the will of a nonresident;
(e) The effect of the contest in another jurisdiction of the will of a nonresident decedent upon its validity in Missouri;
(f) The applicability of any law in determining the validity of the execution of the will of a nonresident decedent;
(g) The determination of the ultimate burden of estate taxes imposed by reason of the death of a nonresident decedent;
(2) Real property of an intestate nonresident decedent descends according to the laws of this state, and his personal property devolves to his heirs or next of kin determined in accordance with the laws of the state or country of his domicile;
(3) Support and family allowances to surviving spouses and unmarried minor children are governed by the more liberal (to them) of the laws of the decedent's domicile and the laws of this state; but the court of this state in making such allowance and in ruling on applications for orders of refusal of letters of administration shall take into account any allowance which may be made in other jurisdictions and satisfied from property therein.
(4) Notwithstanding the requirements of this section that distributions during or at the conclusion of an administration shall be made as if the decedent were a resident, if the court finds that hardship to a foreign creditor would result therefrom or that the best interests of all persons having an interest in the estate would be forwarded by making a distribution to a foreign personal representative, the court may, in its discretion, order such distribution to the extent it finds necessary to avoid such hardship or to forward such interests.
(5) If the aggregate of liabilities of the estate in all jurisdictions exceeds its aggregate assets, the court shall order distribution, as far as practicable, so that all the creditors of decedent's estate, here and elsewhere, may receive a share in proportion to their respective obligations, with regard being given to any preferential rights determined by the court. To this end, distribution to a foreign personal representative may be ordered if all creditors whose claims have been allowed in the administration in this state shall have received their just proportions that would be due to them if the whole of the estate of the decedent, wherever found, were divided among all creditors in proportion to their respective obligations, after applying Missouri law respecting preferences to different species of obligations, and if and to the extent that the court finds such preference to be equitable under all the circumstances of the particular case.
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(L. 1957 p. 860 § 3, A.L. 1980 S.B. 637)
Effective 1-01-81
(1959) Evidence held to establish domicile in state of Louisiana by prior resident of this state who had died, for the purpose of determining where his estate should be dispersed. In re Toler's Estate (Mo.), 325 S.W.2d 755.
(1967) This section was intended to apply to generally recognized statutes of limitations, and was not intended to cause the nonclaim statute of the state in which a claim arose to become the applicable Missouri law upon presentation of such claim in Missouri probate proceedings. Owens v. Estate of Saville (Mo.), 409 S.W.2d 660.
Structure Missouri Revised Statutes
Title XXXI - Trusts and Estates of Decedents and Persons Under Disability
Chapter 473 - Probate Code — Administration of Decedents' Estates
Section 473.013 - Character of proceeding — jurisdiction of court.
Section 473.017 - Application for letters — content.
Section 473.023 - Court or clerk to grant letters.
Section 473.030 - Request for special notice of hearings.
Section 473.033 - Notice of letters — duty of clerk — publication — form.
Section 473.037 - Successor need not publish notice, when.
Section 473.040 - Notice where there are no known heirs.
Section 473.047 - Certificate of probate or rejection.
Section 473.050 - Wills, presentment for probate, time limited — presented, defined.
Section 473.053 - Testimony of subscribing witnesses, other evidence.
Section 473.057 - Commission for testimony of nonattendant witness.
Section 473.060 - Testimony before officer, effect.
Section 473.063 - Testimony to be recorded — record as evidence.
Section 473.065 - Probate of will, when — procedure for contest.
Section 473.067 - Proof of nuncupative wills.
Section 473.073 - Proof required for probate and grant of administration.
Section 473.077 - Proceedings reopened, when.
Section 473.080 - Certificate of probate, contents — evidence.
Section 473.081 - Probate of portion of will.
Section 473.083 - Will binding, when — contest of will, when, procedure.
Section 473.084 - Compromise of controversy as to probate, when binding.
Section 473.085 - Court approval of compromise, procedure for securing.
Section 473.087 - Will not effective until probated.
Section 473.090 - Refusal of letters.
Section 473.091 - Clerk's duties as to certain forms — not practice of law.
Section 473.095 - Apportionment of property between surviving spouse and children.
Section 473.100 - Effect of acquittances by distributees of small estate.
Section 473.107 - Small estate appraised, when.
Section 473.110 - Persons entitled to letters.
Section 473.113 - Letters granted to others, when.
Section 473.120 - Form of letters testamentary.
Section 473.123 - Form of letters of administration.
Section 473.127 - Letters c.t.a. and d.b.n., form.
Section 473.130 - Letters or copies, evidence.
Section 473.133 - Administrator during minority or absence.
Section 473.137 - Administrator pending contest, appointed when — duties.
Section 473.139 - Resignation by executor or administrator, procedure, effect.
Section 473.140 - Removal of personal representative.
Section 473.143 - Revocation of letters on finding will.
Section 473.147 - Administrator d.b.n., when appointed.
Section 473.150 - Remaining executor or administrator to continue.
Section 473.153 - Compensation of personal representatives, accountants and attorneys.
Section 473.157 - Bond of personal representative — conditions of bond.
Section 473.160 - Bond not required, when.
Section 473.163 - Agreements with surety as to deposit of assets.
Section 473.167 - Execution of bond.
Section 473.170 - Obligees of bond — liability of surety.
Section 473.173 - Bond of joint executors or administrators.
Section 473.177 - Affidavit of personal sureties.
Section 473.180 - Persons not acceptable as sureties.
Section 473.183 - Approval of bond.
Section 473.187 - Bond valid though rejected.
Section 473.190 - Sufficiency of bond to be shown on settlements.
Section 473.193 - Inquiry into condition of sureties — order for new bond.
Section 473.197 - Court may require, increase or decrease bond, when.
Section 473.200 - Letters revoked on failure to give bond.
Section 473.203 - Effect of new bond.
Section 473.210 - Successor may sue on bond.
Section 473.213 - Limitations on suits.
Section 473.217 - Action on bond generally.
Section 473.220 - Inventory and appraisement.
Section 473.230 - Citation of partner.
Section 473.233 - Inventory and appraisement — classification of property.
Section 473.237 - Affidavit to inventory.
Section 473.240 - Additional inventory.
Section 473.243 - Compensation of appraisers.
Section 473.247 - Debt of executor not discharged.
Section 473.250 - Debt of administrator, assets.
Section 473.253 - Inventory as evidence.
Section 473.260 - Devolution of estate at death.
Section 473.263 - Possession of assets.
Section 473.267 - Assets for payment of claims.
Section 473.270 - Collection of debts, prosecution and defense of suits.
Section 473.273 - Actions instituted by or against decedent, duties.
Section 473.277 - Compromise of debts due estate.
Section 473.280 - Purchase at foreclosure of mortgage held by estate.
Section 473.283 - Title to real estate, how taken on such purchase — how administered.
Section 473.287 - Encumbered property to be redeemed, when.
Section 473.290 - Payment of debt of decedent secured by property of another — procedure.
Section 473.293 - Disposition of valueless or encumbered property.
Section 473.297 - Expenditures for preservation of property.
Section 473.300 - Continuation of business of decedent.
Section 473.303 - Specific execution of contract of decedent — petition.
Section 473.307 - Notice — hearing — intervention.
Section 473.317 - Completion of contracts to purchase property — exercise of options.
Section 473.320 - Interest may be sold, when.
Section 473.323 - Interest relinquished to vendor, when.
Section 473.327 - Procedure in case of sale of school lands.
Section 473.330 - Conveyances, how made — procedure.
Section 473.333 - Investment of liquid assets.
Section 473.337 - Bank deposits.
Section 473.340 - Discovery of assets, procedure for.
Section 473.360 - Limitations on filing of claims — when claims barred.
Section 473.367 - Actions commenced after decedent's death deemed filed, when.
Section 473.370 - Establishment of claim by judgment — judgment deemed filed, when.
Section 473.380 - Claims, form and verification — claim to be established by evidence.
Section 473.383 - Claims not due, proceedings.
Section 473.387 - Secured claims — surrender of security — payment.
Section 473.390 - Contingent claims.
Section 473.393 - Collection of contingent claims from distributees — limitations — contribution.
Section 473.397 - Classification of claims and statutory allowances.
Section 473.403 - Allowance of claims — court's duties — allowance by personal representative.
Section 473.407 - Defenses against claims.
Section 473.413 - Hearing and disposition of claims — notice.
Section 473.423 - Claim of personal representative — how established — procedure — fee.
Section 473.427 - Compromise of claims against estate.
Section 473.437 - Extension or renewal of encumbrances of assets.
Section 473.443 - Proceedings where real estate has been sold under junior judgment.
Section 473.444 - Limitations on filing claims — when claims barred.
Section 473.457 - Sale of property under power in will.
Section 473.460 - Purposes for which property may be sold, mortgaged, leased or exchanged.
Section 473.463 - No known heirs, property to be sold.
Section 473.467 - Reservation of property under direction of will — specific devises reserved.
Section 473.470 - Heirs may give bond and prevent sale.
Section 473.473 - Terms of sale.
Section 473.477 - Executor or administrator not to purchase, exception.
Section 473.480 - Validity of proceedings.
Section 473.483 - Sales of perishable property.
Section 473.487 - Sale, mortgage or lease of personal property.
Section 473.490 - Sale of real estate on court's motion, when.
Section 473.493 - Petition to sell, mortgage or lease real estate — notice — order.
Section 473.497 - Creditor or other person may file petition, when.
Section 473.507 - Notice of public sale of real estate.
Section 473.510 - Public sale of real estate, where made, adjournment.
Section 473.513 - Report of sale — objections — approval.
Section 473.517 - New sale ordered, when.
Section 473.520 - Conveyance executed, contents — effect.
Section 473.527 - Taxes not liens in hands of transferee.
Section 473.530 - Brokers', abstracting, and auctioneers' fees.
Section 473.533 - Platting of real estate.
Section 473.537 - Exchange of property.
Section 473.540 - Settlements required, when.
Section 473.543 - Settlements, contents — vouchers for disbursement — evidence, checks and drafts.
Section 473.550 - Interest to be accounted for.
Section 473.553 - Settlement docket, contents.
Section 473.557 - Notice of time for settlement.
Section 473.560 - Failure to file settlement, citation.
Section 473.563 - Settlement after citation, penalty.
Section 473.567 - Failure to settle after citation, letters revoked.
Section 473.570 - Settlement, payment of claims — apportionment where assets insufficient.
Section 473.573 - Creditor may have execution, when.
Section 473.577 - Scire facias against sureties, when.
Section 473.580 - Proceedings on scire facias.
Section 473.583 - Petition for final settlement and distribution.
Section 473.587 - Notice of final settlement.
Section 473.590 - Objections to settlement, when filed — form — hearing — approval.
Section 473.593 - Credit for uncollectible debts shown in inventory.
Section 473.597 - Conclusiveness of order approving final settlement.
Section 473.600 - Accounting for assets received and disbursed after final settlement.
Section 473.603 - Settlement on death, resignation, or removal of personal representative.
Section 473.607 - Proceedings to compel settlement — judgment, enforcement.
Section 473.610 - Distribution, when required.
Section 473.613 - Partial distribution.
Section 473.617 - Decree of final distribution.
Section 473.618 - Notice to judgment creditors of distribution — contents of request.
Section 473.620 - Order in which assets are appropriated — abatement.
Section 473.623 - Contribution between devisees.
Section 473.627 - Advancements to be determined.
Section 473.630 - Right of retainer.
Section 473.633 - Interest on general legacies.
Section 473.637 - Distributees to refund, when — judgment.
Section 473.640 - Partition of personal property in kind.
Section 473.643 - Property sold to effect partition, when.
Section 473.647 - Notice of application for partition.
Section 473.650 - Distributee may credit share against purchase price, when.
Section 473.653 - Proceedings to compel distribution.
Section 473.657 - Distribution.
Section 473.660 - Discharge of personal representative.
Section 473.665 - Definitions.
Section 473.668 - Administration of estate of nonresident decedent as original proceeding.
Section 473.671 - Jurisdiction of property — situs of intangibles.
Section 473.675 - Applicability of law to estate of nonresident decedent — exceptions.
Section 473.677 - Domiciliary foreign personal representative, powers, duties and obligations.
Section 473.685 - Foreign personal representative subject to jurisdiction of courts of state, when.
Section 473.689 - Service of process on foreign personal representative, how made.
Section 473.694 - Effect of law on reciprocal corporate fiduciaries law.
Section 473.700 - Who may testify.
Section 473.703 - Publication of finding — time for rebuttal.
Section 473.707 - Issuance of letters, when.
Section 473.710 - Revocation of letters, when — effect — procedure.
Section 473.713 - Distributees to give bond before receiving estate.
Section 473.720 - Payment of costs.
Section 473.733 - Certificate and oath — bond, how sued on.
Section 473.743 - Duty of public administrator to take charge of estates, when.
Section 473.750 - Powers and duties under administration law.
Section 473.753 - Notice of administration, when and how given — penalty for failure.
Section 473.757 - Civil officers to inform public administrator as to property, when.
Section 473.760 - Shall prosecute necessary suits.
Section 473.763 - Court may order public administrator to account to successor, when.
Section 473.773 - Public administrator and sureties liable for acts of deputies.
Section 473.780 - Independent administration, when.
Section 473.783 - Notice of independent administration, contents.
Section 473.793 - Inventory of property by independent personal representative.
Section 473.800 - Supplementary inventory, when required — copies to interested persons.
Section 473.810 - Powers and duties of independent personal representative.
Section 473.820 - Liability of personal representative.
Section 473.823 - Compensation of independent personal representative and attorney.
Section 473.830 - Court may restrain personal representative, when — petition — hearing — procedure.
Section 473.837 - Settlement of estate, when — notice — distribution.
Section 473.843 - Time for complete settlement or filing of statement of account — extension.