What Happens When an Estate Is Insolvent in Missouri?
Enter the estate's assets and the claims in each class of Missouri's payment order to see which claims are paid in full, which are paid in part, and which go unpaid, along with when the executor is personally liable.
Frequently Asked Questions
An estate is insolvent when the claims against it exceed the assets available to pay them. Missouri then pays the claims in 10 classes, in the order its statute sets, and the classes at the end of the order are the ones left unpaid when the money runs outRSMo § 473.397Verified Sep 23, 2026View source.
1. CostsRSMo § 473.397(1)Verified Sep 23, 2026View source. 2. Expenses of administrationRSMo § 473.397(2)Verified Sep 23, 2026View source. 3. Exempt property, family and homestead allowancesRSMo § 473.397(3)Verified Sep 23, 2026View source. 4. Funeral expensesRSMo § 473.397(4)Verified Sep 23, 2026View source. 5. Debts and taxes due the United StatesRSMo § 473.397(5)Verified Sep 23, 2026View source. 6. Debts for medical assistance owed to the state of Missouri under RSMo § 473.398RSMo § 473.397(6)Verified Sep 23, 2026View source. 7. Expenses of the last sickness, wages of servants, claims for medicine and medical attendance during the last sickness, and the reasonable cost of a tombstoneRSMo § 473.397(7)Verified Sep 23, 2026View source. 8. Debts and taxes due the state of Missouri, any county, or any political subdivision of the stateRSMo § 473.397(8)Verified Sep 23, 2026View source. 9. Judgments rendered against the decedent in his lifetime, and judgments on attachments levied on the decedent's property during his lifetimeRSMo § 473.397(9)Verified Sep 23, 2026View source. 10. All other claims not barred by RSMo § 473.360RSMo § 473.397(10)Verified Sep 23, 2026View source.
Missouri's statute sets the rule class by class rather than one rule for every classRSMo § 473.430Verified Sep 23, 2026View source.
A executor who distributes property to heirs while claims are unpaid is personally liableRSMo 473.613.3; RSMo 473.637Verified Sep 23, 2026View source. Missouri's statutes state no rule on the executor's personal liability for the decedent's debts or paying a later class before an earlier class is paid in full.
A person named in the will files a written renunciation with the court (RSMo 473.113). Renunciation of Executor for Missouri
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