Missouri Revised Statutes













Chapter 473

Probate Code--Administration of Decedents' Estates

←473.443

Section 473.444.1

473.457→

August 28, 2015

Limitations on filing claims--when claims barred.

473.444. 1. Unless otherwise barred by law, all claims against the

estate of a deceased person, other than costs and expenses of administration,

exempt property, family allowance, homestead allowance, claims of the United

States and claims of any taxing authority within the United States, whether

due or to become due, absolute or contingent, liquidated or unliquidated,

founded on contract or otherwise, which are not filed in the probate division,

or are not paid by the personal representative, shall become unenforceable

and shall be forever barred against the estate, the personal representative,

the heirs, devisees and legatees of the decedent one year following the date

of the decedent's death, whether or not administration of the decedent's

estate is had or commenced within such one-year period and whether or not

during such period a claimant has been given any notice, actual or

constructive, of the decedent's death or of the need to file a claim in any

court. No contingent claim based on any warranty made in connection with the

conveyance of real estate is barred under this section.



2. Nothing in this section affects or prevents any action or proceeding

to enforce any mortgage, pledge or other lien upon property of the estate;

except that attachment, judgment, and execution liens shall be enforced as

provided in this law and not otherwise.



(L. 1989 H.B. 145)



Effective 7-13-89



(2004) Department of Social Services is a "taxing authority" exempt

from one-year limit for filing reimbursement claims against a

decedent's estate. In re Cahill, 131 S.W.3d 859

(Mo.App.S.D.).



(2010) Section is self-executing and does not require sufficient

state involvement to implicate due process protections. State ex

rel. Houska v. Dickhaner, 323 S.W.3d 29 (Mo.banc).







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