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RSMo 473.663effective 28 Aug 2015

No administration within one year after death and no will probated, interested party may petition

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In plain English

If someone dies and no one has started handling their estate within one year, and no will has been filed with the court, then a person who believes they are an heir can ask the court to officially decide who the heirs are and what share of the property each heir gets. The person asking must file paperwork with details about the deceased person, the heirs, and the property. The court holds a hearing after giving public notice, and then issues an official decision that is legally final for everyone involved.

Word-for-word law

473.663. No within one year after death and no , may — contents of petition — notice. — 1. If a person has died leaving property or any interest in property in this state and if no administration has been on the of such 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 in this state within the time period provided in 3 of section 473.050, then any person ing an interest in such property as or through an heir may file a petition in the which would be of for the of such decedent to determine the 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 be by, the :

(1) The name, age, , 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 is sought and the value of such property.

2. Upon the of the petition, the court shall set the time for the 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 of the county in which any 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 by publishing the notice once each week for four weeks, the last insertion of publication to be at least seven days before the date set for the hearing. In addition, notice under (1) of subsection 2 of section 472.100, or notice by , 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 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 to such heirs. The decree is of the facts determined in such decree as against all parties to the proceedings.

5. A of the decree shall be 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.

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Source & history notes

(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)

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 473.663: No administration within one year after death and no will probated, interested party may petition | KnowMo Laws