Effective – 28 Aug 1959 473.010. Venue. — 1. The will of any decedent shall be probated and letters testamentary or of administration shall be granted: (1) In the county in which the domicile of the deceased is situated; (2) If he had no domicile in this state then in any county wherein he left […]
Effective – 01 Jan 1981 473.013. Character of proceeding — jurisdiction of court. — The administration of the estate of a decedent from the filing of the application for letters testamentary or of administration until the decree of final distribution and the discharge of the last personal representative is deemed one proceeding for purposes of […]
Effective – 28 Aug 1983 473.017. Application for letters — content. — 1. An application for letters testamentary or of administration shall state all of the following: (1) The name, age, sex, domicile, last residence address and the fact and date of death of the decedent; (2) The names, relationship to decedent, and residence addresses […]
Effective – 23 May 1996 473.020. If no application filed, others may request administration or probate — petition, form, contents — hearing, notice, orders. — 1. If no application for letters testamentary or of administration is filed by a person entitled to such letters pursuant to section 473.110 within twenty days after the death of […]
Effective – 02 Jan 1979 473.023. Court or clerk to grant letters. — The probate division of the circuit court, or the clerk thereof, subject to modification or revocation by the court, shall grant letters testamentary and of administration. ——– (RSMo 1939 § 1, A.L. 1955 p. 385 § 33, A.L. 1978 H.B. 1634) Prior […]
Effective – 28 Aug 1955 473.030. Request for special notice of hearings. — At any time after the issuance of letters, any person interested in the estate, in person or by attorney, may serve upon the executor or administrator, or upon his attorney, and file with the clerk of the court where the proceedings are […]
Effective – 23 May 1996 473.033. Notice of letters — duty of clerk — publication — form. — The clerk, as soon as letters testamentary or of administration are issued, shall cause to be published in some newspaper a notice of the appointment of the personal representative, in which shall be included a notice to […]
Effective – 28 Aug 1955 473.037. Successor need not publish notice, when. — If notice is given of the first letters granted on an estate in accordance with section 473.033, no notice of letters thereafter granted to a successor executor or administrator is required. ——– (RSMo 1939 § 79, A.L. 1955 p. 385 § 38) […]
Effective – 28 Aug 1955 473.040. Notice where there are no known heirs. — When an intestate has left no known heirs, the clerk shall also publish a notice, once a week for six consecutive weeks in at least two newspapers, published in the places designated by the court, containing the name of the intestate, […]
Effective – 02 Jan 1979 473.043. Will of decedent, where delivered — wills found in safe deposit boxes, how delivered — refusal to deliver, how handled. — 1. After the death of the testator, the person having custody of his will shall deliver it to the probate division of the circuit court which has jurisdiction […]
Effective – 28 Aug 1955 473.047. Certificate of probate or rejection. — When any will is exhibited to be proven the judge or clerk may immediately receive the proof and grant a certificate of probate, or, if the will is rejected, grant a certificate of rejection. ——– (RSMo 1939 § 532, A.L. 1955 p. 385 […]
Effective – 28 Aug 2016, 2 histories 473.050. Wills, presentment for probate, time limited — presented, defined. — 1. A will, to be effective as a will, must be presented for and admitted to probate. 2. When used in chapter 472, chapter 474, chapter 475, and this chapter, the term “presented” means: (1) Either the […]
Effective – 28 Aug 1983 473.053. Testimony of subscribing witnesses, other evidence. — 1. At least two of the subscribing witnesses to a written will shall be examined if they are alive and competent to testify and otherwise available. Before any will is probated each of at least two witnesses thereto shall testify to facts […]
Effective – 02 Jan 1979 473.057. Commission for testimony of nonattendant witness. — If a witness to any will for good cause shown is prevented from attending at the time when any will is produced for probate, the clerk or court may issue a commission annexed to the will or a photostatic copy thereof, and […]
Effective – 28 Aug 1961 473.060. Testimony before officer, effect. — If the witness appears before such officer and makes oath or affirmation that the testator signed the writing annexed to the commission, as his last will, or that the testator signed the writing, of which the photostatic copy annexed to such commission is a […]
Effective – 28 Aug 1983 473.063. Testimony to be recorded — record as evidence. — 1. All the testimony adduced in support of any will shall be reduced to writing, signed by the witnesses and certified by the clerk. 2. The record of the testimony of any witness so certified is admissible in evidence in […]
Effective – 01 Jan 1981 473.065. Probate of will, when — procedure for contest. — 1. A will which appears to have the required signatures and a certificate as provided in section 474.337, showing that the requirements of execution under section 474.320 have been met, shall be probated without further proof. 2. Procedure for the […]
Effective – 28 Aug 1955 473.067. Proof of nuncupative wills. — Proof of nuncupative wills is subject to the requirements of section 474.340. ——– (L. 1955 p. 385 § 47)
Effective – 23 May 1996 473.070. Heirs, time limits to establish interest in estate — posthumous heirs in gestation, mother has right to file action — time limitations. — 1. Any action to establish an interest in an estate by descent shall be filed prior to the expiration of the applicable objection period for a […]
Effective – 28 Aug 1961 473.073. Proof required for probate and grant of administration. — 1. On the presentation and proof of a will to the clerk or court, if the clerk or court finds that the testator is dead and that the will was executed in all respects according to law, and does not […]
