Title XXXI, TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

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…

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 proceedi…

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 no…

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…

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 intest…

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 jur…

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…

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 d…

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 s…

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, a…

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 t…

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 a…

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 pr…

473.067. Proof of nuncupative wills. — Proof of nuncupative wills is subject to the requirements of section 474.340. ­­-------- (L. 1955 p. 385 § 47)

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 per…

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 find that the w…

473.077. Proceedings reopened, when. — If the court determines the facts as provided in section 473.073, its order shall be final, subject to the following exceptions: (1) It may be reopened at any time, within six months from the date of the first publication of notice of letter…

473.080. Certificate of probate, contents — evidence. — The certificate of probate or rejection granted under section 473.047 shall be attached to each written will which is in the custody of the court. Such certificate shall set forth the names of the witnesses examined together…

473.081. Probate of portion of will. — When part of a will is not admissible to probate because of fraud, duress, undue influence, mistake, ignorance of the testator of its content, partial revocation, or other cause, the other parts of the will may be admitted to probate under s…

473.083. Will binding, when — contest of will, when, procedure. — 1. Unless any person interested in the probate of a will appears within six months after the date of the probate or rejection thereof by the probate division of the circuit court, or within six months after the fir…

473.084. Compromise of controversy as to probate, when binding. — A compromise of any controversy as to admission to probate of any instrument offered for probate as the will of a decedent, the construction, validity, or effect of any probated will, the rights or interest in the …

473.085. Court approval of compromise, procedure for securing. — The procedure for securing court approval of a compromise is as follows: (1) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents act…

473.087. Will not effective until probated. — No will is effectual for the purpose of proving title to, or the right to the possession of, any real or personal property, disposed of by the will, until it has been admitted to probate. ­­-------- (L. 1955 p. 385 § 53)

473.090. Refusal of letters. — 1. Notwithstanding the limitation periods provided in section 473.050, the probate division of the circuit court, in its discretion, may at any time refuse to grant letters in the following cases: (1) When the estate of the decedent is not greater i…

473.091. Clerk's duties as to certain forms — not practice of law. — Upon request to the judge of the probate division of the circuit court, clerks of the court may under his supervision assist in filling out all forms necessary for obtaining an order of refusal of letters of adm…

473.092. Court may order administration previously commenced pursuant to guardianship law, dispensed with, when. — At any time during a proceeding commenced pursuant to this chapter, or, after the death of a ward, at any time during a proceeding commenced pursuant to chapter 475,…

473.095. Apportionment of property between surviving spouse and children. — In cases arising under sections 473.090 and 473.093, the court, if it finds that it would be just and equitable to make an apportionment of property between a surviving spouse and unmarried minor children…

473.097. Small estate — distribution of assets without letters, when — affidavit — procedure — fee. — 1. Distributees of an estate which consists of personal property or real property or both personal and real property have a defeasible right to the personal property, and are ent…

473.100. Effect of acquittances by distributees of small estate. — The person making payment, delivery, transfer or issuance of personal property or evidence thereof pursuant to the affidavit prescribed in section 473.097 is discharged and released to the same extent as if made t…

473.107. Small estate appraised, when. — The probate division of the circuit court in its discretion may order the appraisal of the property before a certificate is made under section 473.097 or before an order refusing letters is made under section 473.090. The appraisal shall b…

473.110. Persons entitled to letters. — 1. Letters testamentary shall be granted to the personal representative or personal representatives designated in the will. If part of the persons designated in the will are found by the court to be incompetent, unsuitable or improper or ar…

473.113. Letters granted to others, when. — Letters may be granted at any time to any person deemed suitable if the persons entitled to preference file their renunciation thereof, in writing, with the clerk of the court. ­­-------- (RSMo 1939 § 9, A.L. 1955 p. 385 § 61, A.L. 1980…

473.117. Persons and corporations disqualified as personal representative — designation required — service of process, how made. — 1. None of the following persons shall be appointed as a personal representative: (1) No full-time judge of any court of this state or clerk, deputy …

473.120. Form of letters testamentary. — Letters testamentary issued to executors may be in the following form: County of ______ ss. The state of Missouri to all persons to whom these presents shall come, greeting: Know ye, that the last will of ______, deceased, has, in due form…

473.123. Form of letters of administration. — Letters of administration issued in this state may be in the following form: County of ______ ss. The state of Missouri to all persons to whom these presents shall come, greeting: Know ye, that whereas ______, late of the county of __…

473.127. Letters c.t.a. and d.b.n., form. — In all cases where letters of administration with will annexed, letters of administration de bonis non, during minority or absence, are issued by the judge or clerk of the probate division, the same shall be issued in conformity to the …

473.130. Letters or copies, evidence. — Letters or copies of the record thereof, duly certified under the seal of the proper court, shall be evidence. ­­-------- (RSMo 1939 § 36, A.L. 1955 p. 385 § 66) Prior revisions: 1929 § 36; 1919 § 35; 1909 § 43

473.133. Administrator during minority or absence. — If the executor named in a will is a minor or absent from the state, letters may be granted, during the time of minority or absence, to some other person who shall take charge of the property and administer the same according t…

473.137. Administrator pending contest, appointed when — duties. — 1. If the validity of a will is contested by any person who, after a hearing in the probate division, is found to be interested in the probate of the will, the court shall grant letters of administration to the ex…

473.139. Resignation by executor or administrator, procedure, effect. — Upon petition of an executor or administrator, and after the filing of his final settlement as required by subdivision (3) of subsection 2 of section 473.540, the court, for good cause shown, may permit him t…

473.140. Removal of personal representative. — If any personal representative becomes mentally incapacitated or is convicted of a felony or other infamous crime, or becomes an habitual drunkard, or in any manner incapable or unsuitable to execute the trust reposed in him, or fail…

473.143. Revocation of letters on finding will. — 1. If, after letters of administration are granted, a will of the deceased is found, and probate thereof granted, the letters shall be revoked, and letters testamentary granted. 2. If a will is proved, and letters thereon granted,…

473.147. Administrator d.b.n., when appointed. — 1. If all the executors or the administrator of an estate die or resign or their letters are revoked, letters of administration of the goods remaining unadministered shall be granted in the discretion of the court to any qualified …

473.150. Remaining executor or administrator to continue. — If there is more than one executor of an estate, and the letters of part of them are revoked or surrendered, or part of them dies, those who remain shall discharge all the duties required by law respecting the estate, ex…

473.153. Compensation of personal representatives, accountants and attorneys. — 1. If a testator by will makes provision for the compensation of his personal representative, that shall be allowed and taken as his full compensation unless he files in the court a written instrument…

473.155. Compensation of accountants and attorneys (first class counties and St. Louis City). — 1. In all counties of the first class and St. Louis City, other provisions of law notwithstanding, attorneys performing services for the estate at the instance of the personal represen…