§ 473.663 — No administration within one year after death and no will probated, interested party may petition — contents of petition — notice.

Missouri § 473.663

• Jurisdiction: Missouri
• Title XXXI: TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
• Ch. 473: Probate Code — Administration of Decedents' Estates

Text

1.  If a person has died leaving property or any interest in property in this state and if no administration has been commenced on the estate of such decedent in this state within one year after the date of decedent's death, and if no written will of such decedent has been presented for probate in this state within the time period provided in subsection 3 of section 473.050 , then any person claiming an interest in such property as heir or through an heir may file a petition in the probate division of the circuit court which would be of proper venue for the administration of the estate of such decedent to determine the heirs of the decedent at the date of the decedent's death and their respective interests or interests as heirs in the estate.  The petition shall include all of the following known by, or can with reasonable diligence be ascertained by, the petitioner:

(1)  The name, age, domicile, last residence address and the fact and date of death of the decedent;

(2)  The names, relationship to the decedent and residence addresses of the heirs of the decedent at the time of the decedent's death;

(3)  The names and residence addresses of any persons claiming through an heir of the decedent when such heir has died after the decedent;

(4)  A particular description of the property of the decedent in this state with respect to which the determination is sought and the value of such property.

2.  Upon the filing of the petition, the court shall set the time for the hearing of the petition, notice of which shall be given to:

(1)  All persons known or believed to claim any interest in the property as heir or through an heir of the decedent;

(2)  All persons who may at the date of the filing of the petition be shown by the records of conveyances of the county in which any real property described in such petition is located to claim any interest in such real property through the heirs of the decedent; and

(3)  Any unknown heirs of the decedent.

3.  The notice shall be given by publication by publishing the notice once each week for four consecutive weeks, the last insertion of publication to be at least seven days before the date set for the hearing.  In addition, notice under subdivision (1) of subsection 2 of section 472.100 , or notice by registered or certified mail, as the court shall direct, shall be given to every person named in the petition whose address is known to the petitioner.

4.  Upon the hearing of the petition, the court shall make a decree determining the person or persons entitled to the property with respect to which a determination is sought, and their respective interest in the property as heirs or successors in interest to such heirs.  The decree is conclusive evidence of the facts determined in such decree as against all parties to the proceedings.

5.  A certified copy of the decree shall be recorded at the expense of the petitioner in each county in which any real property described in the decree is situated.

6.  This section shall apply to those persons whose deaths occur on or after July 13, 1989.

Legislative History

(L. 1955 p. 385 § 231, A.L. 1957 p. 829, A.L. 1971 S.B. 85, A.L. 1982 S.B. 497, A.L. 1989 H.B. 145, A.L. 1996 S.B. 494, A.L. 2015 S.B. 340)