473.050. Wills, presentment for probate, time limited--presented, defined.
Wills, presentment for probate, time limited--presented, defined.
473.050. 1. A will, to be effective as a will, must be presented forand admitted to probate.
2. When used in chapter 472, RSMo, chapter 474, RSMo, chapter 475,RSMo, and this chapter, the term "presented" means:
(1) Either the delivery of a will of a decedent, if such will has notpreviously been delivered, to the probate division of the circuit courtwhich would be the proper venue for the administration of the estate ofsuch decedent, or the delivery of a verified statement to such court, ifthe will of such decedent is lost, destroyed, suppressed or otherwise notavailable, setting forth the reason such will is not available and settingforth 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 suchwill 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 probatein any state, territory or district of the United States, other than thisstate.
3. No proof shall be taken of any will nor a certificate of probatethereof issued unless such will has been presented within the applicabletime set forth as follows:
(1) In cases where notice has previously been given in accordancewith section 473.033 of the granting of letters on the estate of suchtestator, within six months after the date of the first publication of thenotice of granting of letters, or within thirty days after the commencementof an action under section 473.083 to establish or contest the validity ofa will of the testator named in such will, whichever later occurs;
(2) In cases where notice has not previously been given in accordancewith 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, whichwas the decedent's domicile, at any time during the course ofadministration 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 providedin subsection 3 of this section may be exhibited to be proven, and proofreceived and administration granted on such will at any time after suchpresentation.
5. A will not presented for probate within the time limitationsprovided in subsection 3 of this section is forever barred from admissionto probate in this state.
6. Except as provided in section 537.021, RSMo, no letters ofadministration shall be issued unless application is made to the court forsuch 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
(1964) The mere filing of a will does not "present" the will to the probate court. The jurisdiction of the court attaches when the will is presented to the court by a proper petition by some person entitled to take such action. State v. Hensley (A.), 385 S.W.2d 820.
(1965) Held that a notice of grant of letters testamentary begins a continuous in rem proceeding and that the rejection of the alleged will on which they were granted does not deprive the court of jurisdiction and the limitation on actions provided in this section operates from the publication of the original notice. State v. Cleveland (Mo.), 387 S.W.2d 556.
(1966) As jurisdiction of circuit court in will contest is only derivative from probate court, it is without jurisdiction to entertain a suit to establish or to contest a will which has not been presented for probate. First Presbyterian Church of Monett v. Feist (A.), 397 S.W.2d 728.
(1997) Action by probate division is condition precedent to bringing suit to set aside a will or to establish a will that has been rejected. Brunig v. Humburg, 957 S.W.2d 345 (Mo.App.E.D.).
(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.).