Missouri Revised Statutes













Chapter 473

Probate Code--Administration of Decedents' Estates

←473.047

Section 473.050.1

473.053→

August 28, 2015

Wills, presentment for probate, time limited--presented, defined.

473.050. 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 delivery of a will of a decedent, if such will has not

previously been delivered, to the probate division of the circuit court which

would be the proper venue for the administration of the estate of such

decedent, or the delivery of a verified statement to such court, if the will

of such decedent is lost, destroyed, suppressed or otherwise not available,

setting forth the reason such will is not available and setting forth the

provisions of such will so far as known; and



(2) One of the following:



(a) An affidavit pursuant to section 473.097, which requests such will be

admitted to probate; or



(b) A petition which seeks to have such will admitted to probate; or



(c) An authenticated copy of the order admitting such will to probate in

any state, territory or district of the United States, other than this state.



3. No proof shall be taken of any will nor a certificate of probate

thereof issued unless such will has been presented within the applicable time

set forth as follows:



(1) In cases where notice has previously been given in accordance with

section 473.033 of the granting of letters on the estate of such testator,

within six months after the date of the first publication of the notice of

granting of letters, or within thirty days after the commencement of an

action under section 473.083 to establish or contest the validity of a will

of the testator named in such will, whichever later occurs;



(2) In cases where notice has not previously been given in accordance

with section 473.033 of the granting of letters on the estate of testator,

within one year after the date of death of the testator;



(3) In cases involving a will admitted to probate in any state, territory

or district of the United States, other than this state, which was the

decedent's domicile, at any time during the course of administration of the

decedent's domiciliary estate in such other state, territory or district of

the United States.



4. A will presented for probate within the time limitations provided in

subsection 3 of this section may be exhibited to be proven, and proof

received and administration granted on such will at any time after such

presentation.



5. A will not presented for probate within the time limitations provided

in subsection 3 of this section is forever barred from admission to probate

in this state.



6. Except as provided in section 537.021, no letters of administration

shall be issued unless application is made to the court for such letters

within one year from the date of death of the decedent.



(RSMo 1939 § 532, A.L. 1955 p. 385 § 42, A.L. 1969 S.B.

85, A.L. 1973 H.B. 216, A.L. 1978 H.B. 1634, A.L. 1996 S.B. 494)



Prior revisions: 1929 § 531; 1919 § 519; 1909 § 549



Effective 5-23-96



(2005) Tolling provisions of federal Servicemembers' Civil Relief

Act toll statute of limitations for filing petition for

presentment and application for letters testamentary for covered

individuals. State ex rel. Estate of Perry ex rel. Perry, 168

S.W.3d 577 (Mo.App.W.D.).







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