1. When a nonresident person, owning real estate in this state, has a guardian, committee, curator or conservator of the estate in the state or territory in which he resides, the probate division of the circuit court in the proper county may authorize his guardian, committee, curator or conservator of the estate, either in person or by his agent, acting under power of attorney, to mortgage, or renew or extend any mortgage, on the person’s real estate, or to sell the real estate and receive the proceeds of sale, and in case the person dies before the sale is completed, the guardian, curator, conservator, or agent shall complete the sale and pay the proceeds to the personal representative of the person.

2. Before any order is made for the payment of money to a nonresident guardian, curator, committee or conservator of the estate, or for the sale, mortgage, or renewal or extension of a mortgage on the property of the person by him, he shall produce satisfactory evidence to the court that he has given bond and security, as guardian, curator, committee or conservator, in the state or territory in which he and the person reside, in an amount sufficient under the laws of the state or territory in which he and his ward reside to cover the sum to be paid him or the appraised value of the property to be sold, in addition to such other property as is in his hands; and the proof shall consist of a copy of the record setting forth his appointment as guardian, committee, curator or conservator, and also a copy of his bond, executed as such, certified according to the act of Congress which regulates the authentication of records.

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Terms Used In Missouri Laws 475.340

  • conservator: as used in this chapter , includes limited conservator unless otherwise specified or apparent from the context. See Missouri Laws 475.010
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: one appointed by a court to have the care and custody of the person of a minor or of an incapacitated person. See Missouri Laws 475.010
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probate: Proving a will
  • Property: includes real and personal property. See Missouri Laws 1.020
  • 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
  • Ward: a minor or an incapacitated person for whom a guardian, limited guardian, or standby guardian has been appointed. See Missouri Laws 475.010