Any commissioner appointed to sell land shall, before acting, file with the clerk a bond, payable to the state, with such sureties as may be approved by the court, in a sum sufficient to indemnify the parties, conditioned that the commissioner will faithfully discharge the duties of office and account for and pay over, according to the order of the court, to the parties entitled thereto all such sums of money as may come to the possession of the commissioner.
Rule 96.31.Bond of Commissioner Appointed to Sell Land.
Part III · Rule 96: Partition of Real and Personal Property · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 96.31 requires any commissioner appointed to sell land to first file a bond payable to the state, with court-approved sureties in a sum sufficient to protect the parties, conditioned on faithfully performing the duties of the office and properly accounting for and paying over any money received.
Full Text of Rule 96.31
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981; Amended Sept. 28, 1993, eff. Jan. 1, 1994.
Official Comment
This is substantially the same as prior Rule 96.55.
Plain-English Summary
Rule 96.31 builds in financial protection before a commissioner appointed to sell land ever takes possession of any sale proceeds. Because that commissioner will be handling potentially substantial sums of money belonging to the parties in the case, the rule requires a bond be filed with the clerk before the commissioner starts acting.
The bond runs payable to the state, and it must carry sureties approved by the court — meaning the court reviews and signs off on whoever is backing the bond financially. The bond amount must be sufficient to indemnify the parties, tying the size of the protection to the scale of the money and property at stake in that particular case.
The bond's condition spells out exactly what it guarantees: that the commissioner will faithfully discharge the duties of the office and will account for and pay over, according to the court's order, all money that comes into the commissioner's possession. If the commissioner mishandles funds or fails to pay parties what they are owed, the bond stands as a source of recovery. This rule was amended effective January 1, 1994.
Frequently Asked Questions
What must a commissioner do before acting to sell land?
File a bond with the clerk, payable to the state, with sureties approved by the court.
How large must the bond be?
It must be in a sum sufficient to indemnify the parties.
What does the bond guarantee?
That the commissioner will faithfully discharge the duties of the office and will account for and pay over all money received, according to the court's order, to the parties entitled to it.
Who approves the sureties backing the bond?
The court.
Why does the rule require this bond before the commissioner acts?
Because the commissioner will handle sale proceeds belonging to the parties, and the bond protects them if the commissioner mishandles or fails to pay over those funds.
When was Rule 96.31 last amended?
It was amended effective January 1, 1994.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: commissioner bond requirementpartition sale bondsurety bond land sale commissionerprotecting parties commissioner funds