Missouri Revised Statutes













Chapter 473

Probate Code--Administration of Decedents' Estates

←473.203

Section 473.207.1

473.210→

August 28, 2015

Execution of bond deemed appearance by surety--procedure on breach of obligation of bond.

473.207. 1. The execution of the bond of a personal representative is

deemed an appearance by the surety in the proceeding for the administration

of the estate including all hearings with respect to the bond.



2. On breach of the obligation of the bond of the personal

representative, the court, after notice to the obligors in the bond and to

such other persons as the court directs, may summarily determine the damages

as a part of the proceeding for the administration of the estate, and by

appropriate process enforce the collection thereof from those liable on the

bond. The determination and enforcement may be made by the court upon its own

motion or upon application of a successor personal representative, or of any

other personal representative, or of any other interested person. The court

may hear the application at the time of settling the accounts of the

defaulting personal representative or at such other time as the court may

direct. Damages shall be assessed on behalf of all interested persons and

may be paid over to the successor or other nondefaulting personal

representative and distributed as other assets held by the personal

representative in his official capacity.



3. If the court has already determined the liability of the personal

representative, a surety shall not be permitted thereafter to deny liability

in any action or hearing to determine their liability; but the surety may

intervene in any hearing to determine the liability of the personal

representative.



4. The provisions of subsections 1, 2, and 3 of this section shall apply

to a depositary which has executed a certification pursuant to section

473.160.



5. In assessing damages pursuant to this section, the court may

apportion the losses sustained between the depositary and the obligors on the

bond of the personal representative on the following basis:



(1) Those damages sustained as a result of the failure of the depositary

to hold the assets delivered to it in restricted custody shall be assessed

against the depositary and the personal representative, together with that

proportion of the consequential damages determined to have resulted by reason

of such failure;



(2) All other damages sustained as a result of the breach of the

obligation of the bond shall be assessed against the obligors on the bond.



(L. 1955 p. 385 § 89, A.L. 1980 S.B. 637)



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