§ 473.310 — Specific execution of contract of decedent, court order — warranties — conveyance or lease under will.

Missouri § 473.310

• Jurisdiction: Missouri
• Title XXXI: TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
• Ch. 473: Probate Code — Administration of Decedents' Estates

Text

1.  If the court, after hearing all parties, believes that specific execution of such contract ought to be made, it shall make an order that the personal representative execute and deliver an instrument of conveyance to the person entitled thereto upon performance of the contract.

2.  The deed of conveyance shall refer in apt and appropriate terms to the order of court under which it is made, shall convey the property according to the order and shall be acknowledged by the personal representative.  If the contract for a conveyance requires the giving of warranties, the deed to be given by the personal representative shall contain the warranties required.  Such warranties shall be binding on the estate as though made by the decedent but shall not bind the personal representative personally.

3.  If a personal representative has been given power by will to make a conveyance or lease, he may execute, in lieu of the foregoing procedure, and without order of the court, a conveyance or lease to the person entitled thereto upon performance of the contract.

4.  The deed made under this section is as effectual as if it had been executed by the decedent.

Legislative History

(RSMo 1939 §§ 171, 172, 173, A.L. 1955 p. 385 § 120, A.L. 1980 S.B. 637, A.L. 1983 H.B. 369) Prior revisions: 1929 §§ 172, 173, 174; 1919 §§ 171, 172, 173; 1909 §§ 180, 181, 182