Missouri Revised Statutes

Mo. Rev. Stat. § 472.160 (2026)

Appeal

✓ current as of May 2026

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472.160. Appeal — when — grounds for. — 1. Any interested person aggrieved thereby may appeal to the appropriate appellate court from the order, judgment or decree of the probate division of the circuit court in any of the following cases:

(1) On the allowance of any claim against an estate exceeding one hundred dollars;

(2) On all settlements of the personal representative;

(3) On all apportionments among creditors, legatees or distributees;

(4) On all orders directing the payment of legacies, making distribution or making allowances to the surviving spouse or unmarried minor children;

(5) On all orders for the sale of assets of the probate estate;

(6) On all orders for the sale of real estate;

(7) On judgments for waste;

(8) On proceedings to recover balances escheated to the state;

(9) On all orders revoking letters testamentary or of administration;

(10) On orders making allowances for the expenses of administration;

(11) On orders for the specific execution of contracts;

(12) On orders compelling legatees and distributees to refund;

(13) On all orders denying any of the foregoing requested actions;

(14) In all other cases where there is a final order or judgment of the probate division of the circuit court under this code except orders admitting to or rejecting wills from probate.

2. No appeal shall be allowed from any order or denial of an order made by the clerk under section 472.070 unless a motion to modify or vacate such order has been denied by the court, but no such motion is necessary to an appeal from any order made, denied or refused by the judge.

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(RSMo 1939 § 283, A.L. 1955 p. 385 § 17, A.L. 1957 p. 829, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)

Prior revisions: 1929 § 284; 1919 § 282; 1909 § 289

Effective 1-01-81

(1966) The right to appeal and whether an appellant is a party aggrieved within the meaning of §§ 472.160 and 512.020 are jurisdictional questions which may be raised at any time and by the court itself. In re Fusz' Estate (Mo.), 397 S.W.2d 595.

(1967) For a party to have the right of appeal as "aggrieved" by the judgment he must have a direct pecuniary interest in the result of the litigation. In re Estate of Soengen (A.), 412 S.W.2d 533.

(1969) There is no right of appeal from a probate court order vacating a void judgment. State ex rel. Travelers Indemnity Co. v. Swink (A.), 440 S.W.2d 152.

(1971) A natural mother qualifies as an "interested person" in the appointment of a guardian for the child's estate, and, having a right to such appointment "if otherwise qualified" a mother would be aggrieved by a final order of the probate court which disqualified her from that office with right of appeal to circuit court. State ex rel. Pope v. Lisle (A.), 469 S.W.2d 841.

(1974) Held that order for partial compensation of attorney was not a final judgment and was not appealable. In re the Estate of Ritter (A.), 510 S.W.2d 188.

(1974) Held that an order to sell personal property in order to satisfy a tax lien is not an appealable order under this section. Poletti v. Estate of Poletti (A.), 510 S.W.2d 850.

(1992) Where court issued order advising that it would issue letters of administration to decedent's putative son and denied motion of decedent's family to prevent such appointment, such order is not appealable. Family did not wait until letters were issued and then move to revoke the letter. Statute authorizes an appeal of an order denying the revocation of letters. Matter of Nocita, 845 S.W.2d 574 (Mo. App. E.D.).

Notes of Decisions

Cited in 112 cases (9 in the last 5 years), 1956–2025 · leading case: In Re Est. of Standley, 204 S.W.3d 745 (Mo. Ct. App. 2006).

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In Re Est. of Standley, 204 S.W.3d 745 (Mo. Ct. App. 2006). · cites it 28× “[8] "Section 472.160 creates an expedited right to appeal certain probate orders which otherwise would be interlocutory and unappealable.”

Kyle Sanford v. CenturyTel of Missouri, LLC d/b/a CenturyLink, 490 S.W.3d 717 (Mo. 2016). · cites it 4× “440, section 472.160 creates an immediate right to appeal certain interlocutory probate orders.”

Est. of Ginn v. Almond, 323 S.W.3d 860 (Mo. Ct. App. 2010). · cites it 10× “Although section 472.160 makes some interlocutory probate orders appeal-able, “it is well established that as to any specific proceeding, the rights of the parties must be fully adjudicated and all issues fully disposed of, or the order is not appealable.”

In Re Kraus, 318 S.W.3d 274 (Mo. Ct. App. 2010). · cites it 10× “Section 472.160 creates an expedited right to appeal certain probate orders which otherwise would be interlocutory and unappealable.”

In Re Est. of Forhan, 149 S.W.3d 537 (Mo. Ct. App. 2004). · cites it 7× “1968) (absent specific authority, appeals do not lie from rulings on motions which do not constitute a final disposition of the cause).”

Kemp v. Balboa, 959 S.W.2d 116 (Mo. Ct. App. 1998). · cites it 8× “Section 472.160 RSMo 1994 pro *118 vides for appeal by “any interested person” of a number of actions occurring in the probate court.”

Est. of Johnson v. Kranitz, 168 S.W.3d 84 (Mo. Ct. App. 2005). · cites it 9× “To the extent that his argument about the motion to stay relates to the appealability of the original July 23 Order, pursuant to sections 472.160 and 472.150, we address that matter below.”

Leachman v. Gregory, 514 S.W.3d 95 (Mo. Ct. App. 2017). · cites it 12× “Section 472.160 creates an expedited right to appeal certain probate orders which otherwise would be interlocutory and unappealable.”

Est. of Seabaugh, 654 S.W.2d 948 (Mo. Ct. App. 1983). · cites it 6× “The statute pertinent to Jacqueline's appeal is § 472.160, RSMo 1978, as amended by Laws 1980, p.”

In Re the Est. of Whittaker, 261 S.W.3d 615 (Mo. Ct. App. 2008). · cites it 5× “010(15) RSMo (2000), 2 and therefore, could not appeal pursuant to Section 472.160. Nelson filed a responsive motion, *617 arguing she had standing pursuant to Section 512.”

State Ex Rel. Baldwin v. Dandurand, 785 S.W.2d 547 (Mo. 1990). · cites it 4× “§ 472.160, RSMo 1959. A petition for a writ of prohibition was sought from the court of appeals.”

In Re Dugan, 309 S.W.2d 137 (Mo. Ct. App. 1957). · cites it 8× “Section 472.160, V.A.M.S., Laws of 1955, section 17, page 396, provides that any interested person aggrieved thereby may appeal from the order or judgment of the probate court "* * * (15) in all other cases where there is a final order or judgment of the probate court under this…”

Show all 112 citing cases →

— Mo. Rev. Stat. § 472.160(1) — 1 case

In the Matter of Ashlee Nicole Huelsing. (Mo. Ct. App. 2023).

— Mo. Rev. Stat. § 472.160(14) — 6 cases

In the Est. of ROSETTA F. KEEN, LOUIE R. KEEN v. AMBER J. WOLFE, individually & as Pers. Rep. of the Est. of Rosetta F. Keen, & CYNTHIA A. KEEN, Respondents-Respondents., 488 S.W.3d 73 (Mo. Ct. App. 2016).

In Re the Matter of: Jason Leon Parkash Jaitley, a Minor, Malinda Collins, applicant/appellant v. Jason Leon Parkash Jaitley, minor/respondent., 495 S.W.3d 784 (Mo. Ct. App. 2016).

Est. of Summer v. Missouri Dep't of Mental Health, 424 S.W.3d 506 (Mo. Ct. App. 2014).

Rios v. Bridges, 710 S.W.2d 327 (Mo. Ct. App. 1986).

Brams Trust v. Haydon, 266 S.W.3d 300 (Mo. Ct. App. 2008).

— Mo. Rev. Stat. § 472.160(4) — 1 case

In re the Est. of Comia, 657 S.W.2d 63 (Mo. Ct. App. 1983).

— Mo. Rev. Stat. § 472.160(5) — 1 case

In Re Est. of Standley, 204 S.W.3d 745 (Mo. Ct. App. 2006). “[8] "Section 472.160 creates an expedited right to appeal certain probate orders which otherwise would be interlocutory and unappealable.”

— Mo. Rev. Stat. § 472.160(6) — 1 case

Moore v. Fry, 800 S.W.2d 142 (Mo. Ct. App. 1990).

— Mo. Rev. Stat. § 472.160(9) — 2 cases

In Re the Est. of Juppier, 81 S.W.3d 699 (Mo. Ct. App. 2002).

In Re Est. of Pence, 327 S.W.3d 570 (Mo. Ct. App. 2010).

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