Missouri Laws 473.493 – Petition to sell, mortgage or lease real estate — notice — order
1. An executor or administrator may file a petition to sell, mortgage or lease any real property belonging to the estate. The petition shall set forth the reason for the application and describe the property involved. It may apply for different authority as to separate parts of the property; or it may apply in the alternative for authority to sell, mortgage or lease. If the property is bound by the lien of a judgment or attachment, that fact shall be stated in the petition together with detailed information as to the date, amount and holder of the lien. Upon the filing of the petition, the court shall fix the time and place for the hearing thereof.
2. Notice of the hearing shall state briefly the nature of the application and shall be given to heirs and devisees whose names and addresses appear in the files or records of the case in the probate division of the circuit court and who are interested persons and to such other persons as the court directs. The notice shall be given by ordinary mail or by publication or both as ordered by the court. Publication, if any, shall be at least once each week for four consecutive weeks in accordance with section 472.100. Where service by publication is ordered, the hearing shall be held at the time specified in the notice which shall not be before the thirtieth day or later than the forty-second day after the date of the first insertion of the publication and, in other cases, the hearing shall be had at the time specified in the notice. For good cause shown on the date specified, or on a date to which the hearing is duly continued, the court may continue the hearing to a later date without further notice.
Terms Used In Missouri Laws 473.493
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Probate: Proving a will
- Property: includes real and personal property. See Missouri Laws 1.020
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
3. At the hearing and upon satisfactory proofs, the court may order the sale, mortgage or lease of the property described or any part thereof. When a claim secured by a mortgage on real property, under the provisions of this law, is payable at the time of distribution of the estate or prior thereto, the court with the consent of the mortgagee may, nevertheless, order the sale of the real property subject to the mortgage, but such consent releases the estate should a deficiency later appear.