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Missouri Revised Statutes

Mo. Rev. Stat. § 473.010 (2026)

Venue

✓ current as of May 2026
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  473.010.  Venue. — 1.  The will of any decedent shall be probated and letters testamentary or of administration shall be granted:

  (1)  In the county in which the domicile of the deceased is situated;

  (2)  If he had no domicile in this state then in any county wherein he left any property; except that when the major part of a nonresident decedent's estate in this state consists of real estate, the will shall be probated and letters testamentary or of administration shall be granted in the county in which the real estate or the major part thereof is located;

  (3)  If the decedent had no domicile in this state and left no property therein, in any county in which the granting thereof is required in order to protect or secure any legal right.

  2.  If proceedings are commenced in more than one county, they shall be stayed except in the county where first commenced until final determination of venue in the county where first commenced.  The proceedings are deemed commenced by the filing of an application for letters;  and the proceedings first legally commenced extends to all of the property of the estate in this state.

  3.  All orders, settlements, trials and other proceedings pertaining to any estate shall be had or made in the county in which the letters were granted.

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(RSMo 1939 §§ 4, 5, 531, L. 1955 p. 385 § 30, A.L. 1959 S.B. 141)

Prior revisions: 1929 §§ 4, 5, 530; 1919 §§ 4, 5, 518; 1909 §§ 12, 13, 548

(1961) When sections 473.010 and 473.668 are read together they clearly authorize the appointment of an administrator for the estate of a nonresident decedent to the end that plaintiffs in personal injury action could maintain such action against and obtain service upon the administrator. State ex rel. McCubbin v. Ginn (Mo.), 347 S.W.2d 119.

Notes of Decisions
Cited in 13 cases, 1957–2005 · leading case: State Ex Rel. McCubbin v. Ginn, 347 S.W.2d 119 (Mo. 1961).
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State Ex Rel. McCubbin v. Ginn, 347 S.W.2d 119 (Mo. 1961). · cites it 13× “450 RSMo 1949, were repealed and supplanted by § 473.010 RSMo 1959, V.A.M.S. Note the portions of its pertinent provisions, especially those bearing our emphasis: "1.”
State Ex Rel. Missouri Dept. of Soc. Serv. v. Roper, 174 S.W.3d 563 (Mo. Ct. App. 2005). · cites it 6× “" Relator claims to be a creditor that filed its affidavit in the proper venue setting forth the basis of its claim against decedent as provided by section 473.”
State ex rel. Missouri Dep't of Soc. Servs., Div. of Med. Servs. v. Roper, 174 S.W.3d 563 (Mo. Ct. App. 2005). · cites it 6× “” Relator claims to be a creditor that filed its affidavit in the proper venue setting forth the basis of its claim against decedent as provided by section 473.”
Contestible v. Brookshire, 355 S.W.2d 36 (Mo. 1962). · cites it 3× “” Defendant contends that the circuit court lacked jurisdiction because the Probate Court of Boone County had no authority to issue letters of administration; that section 473.010, RSMo 1949, V.A.M.S., provides that letters of administration shad be granted in the county in…”
State Ex Rel. Shriners' Hospitals for Crippled Child. v. Hensley, 385 S.W.2d 820 (Mo. Ct. App. 1964). · cites it 2× “Section 473.010(2) provides for the filing of an application for letters and further provides that the proceedings are deemed commenced by the filing of an application for letters.”
Mercantile Trust Co. Nat'l Ass'n v. Anderson, 611 S.W.2d 548 (Mo. Ct. App. 1981). · cites it 2× “Section 473.010 specifies venue for proceedings pertaining to decedents’ estates.”
Holloway v. Cameron Cmty. Hosp., Inc., 18 S.W.3d 417 (Mo. Ct. App. 2000). · cites it 2× “Respondents noted that under Section 473.010, 3 letters testamentary are to be granted in the county in which the decedent was last domiciled.”
Darrah v. Foster, 355 S.W.2d 24 (Mo. 1962). “2d 119 ; §§ 473.010(3) and 537.020, RSMo 1959, V.A.”
Tice v. Milner, 308 S.W.2d 697 (Mo. 1957). “§§ 473.010, 475.090 ; 39 C. J.S. Guardian and Ward § 10, p.”
Dustin v. Spires, 452 S.W.2d 231 (Mo. 1970). · cites it 4× “Section 473.010, V.A.M.S., provides, among other things, that the will of a decedent shall be probated and letters testamentary shall be granted first, “In the county in which the domicile of the deceased is situated,” and “If proceedings are commenced in more than one county,…”
McCoy v. N. W. Elec. Power Coop., 297 S.W.2d 390 (Mo. 1957). “§ 473.010 et seq. Elva Earl McCoy and Martha May McCoy signed the unacknowledged easement, and as in the companion case, there is no question but that when they did so they intended thereby to grant to respondent the rights set forth by its terms.”
In re the Est. of Norman, 347 S.W.2d 908 (Mo. Ct. App. 1961). “§ 473.010 [2] provides: “ * * * The proceedings are deemed commenced by the filing of an application for letters; and the proceeding first legally commenced extends to all of the property of the estate in this state, * * * ” § 473.”
Show all 13 citing cases →
Mo. Rev. Stat. § 473.010(2): 1 case
State Ex Rel. Shriners' Hospitals for Crippled Child. v. Hensley, 385 S.W.2d 820 (Mo. Ct. App. 1964). “Section 473.010(2) provides for the filing of an application for letters and further provides that the proceedings are deemed commenced by the filing of an application for letters.”
Mo. Rev. Stat. § 473.010(3): 1 case
Darrah v. Foster, 355 S.W.2d 24 (Mo. 1962). “2d 119 ; §§ 473.010(3) and 537.020, RSMo 1959, V.A.”
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