§ 473.367 — Actions commenced after decedent's death deemed filed, when.

Missouri § 473.367

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

Text

Any action commenced against a personal representative, after death of the decedent, is considered a claim duly filed against the estate from the time of serving the original process on the personal representative, and the filing of a written notice in the probate division of the institution of such action within the time prescribed in section 473.360 .

Legislative History

(RSMo 1939 § 184, A.L. 1955 p. 385 § 141, A.L. 1959 S.B. 305, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637) Prior revisions: 1929 § 185; 1919 § 184; 1909 § 193 Effective 1-01-81 (1962) Actions against administrator of estate for personal injuries were barred where actions had been barred under nonclaim statute prior to statute's amendment since amendment did not extend new privileges granted therein to bringing of new actions which had been extinguished prior to effective date of amendment. State ex rel. Whitaker v. Hall (Mo.) 358 S.W.2d 845. Potts v. Vadnais (Mo.), 362 S.W.2d 543.