If someone wants to prove they have a right to inherit from a person who died, they have to file their claim in court before a certain deadline. That deadline is tied to when the final paperwork for the estate is due. If the heir is not yet born but is still in the womb, the mother can file that claim on the unborn child's behalf.
473.070. , time limits to establish interest in — heirs in , mother has right to file — time . — 1. Any action to establish an interest in an estate by shall be filed prior to the expiration of the applicable objection period for a section 473.590 or for a pursuant to 4 of section 473.840.
2. The mother of an alleged who is not yet born and is in gestation shall have the right to file an action in accordance with subsection 1 of this section on behalf of the alleged heir.
Tap any gold-underlined word to see what it means.
Red section numbers link to that law.
Source & history notes
(L. 1955 p. 385 § 48, A.L. 1971 S.B. 85, A.L. 1985 S.B. 35, et al., A.L. 1989 H.B. 145, A.L. 1996 S.B. 494) Effective 5-23-96 (1996) Illegitimate child may prove paternity during probate pursuant to this section even if section 210.828 statute of limitations has run. In the Matter of Carl Nocita, 914 S.W.2d 358 (Mo.banc). (2000) Statute requiring application for letters of administration within one year of decedent's death applies to paternity proceedings brought under Uniform Parentage Act. Johnson v. Akers, 9 S.W.3d 608 (Mo.banc).
Related Missouri laws
Proof of nuncupative wills
RSMo 473.067
Proof required for probate and grant of administration
RSMo 473.073
Probate of will, when
RSMo 473.065
Testimony to be recorded
RSMo 473.063
Proceedings reopened, when
RSMo 473.077
Testimony before officer, effect
RSMo 473.060
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.