473.013. Character of proceeding — jurisdiction of court. — The administration of the estate of a decedent from the filing of the application for letters testamentary or of administration until the decree of final distribution and the discharge of the last personal representative is deemed one proceeding for purposes of jurisdiction. Such entire proceeding is a proceeding in rem. No notice is jurisdictional except the notice by publication provided in section 473.033, unless the provision requiring the notice expressly provides that the notice is jurisdictional. Whether the administration is supervised or independent, from the time of first publication of the notice provided in section 473.033, the probate division of the circuit court has in rem jurisdiction of all real and personal property of the decedent located within this state.
Notes of Decisions
Cited in
24
cases (
2 in the last 5 years), 1960–2025 · leading case:
Clapper v. Chandler, 406 S.W.2d 114 (Mo. Ct. App. 1966).
Clapper v. Chandler, 406 S.W.2d 114 (Mo. Ct. App. 1966).
· cites it 8× “The validity of these various proceedings and the probate court’s interim orders is not questioned; the issue actually tendered and tried in the probate court, and again in the circuit court, is whether the original order of sale was void, or merely irregular or erroneous for…”
Bosworth v. Sewell, 918 S.W.2d 773 (Mo. 1996).
· cites it 2× “" § 473.013. It is a proceeding that provides transitional administration of an estate while a decedent's affairs are wrapped up.”
Novak v. Akers, 669 S.W.2d 644 (Mo. Ct. App. 1984).
· cites it 3× “The only authority cited to us which bears directly upon the point is the last sentence of § 473.013, RSMo (Supp.1983), which reads, in pertinent part: “.”
Hughes v. Wilson, 733 S.W.2d 36 (Mo. Ct. App. 1987).
· cites it 6× “) Section 473.013, RSMo 1986, reads: The administration of the estate of a decedent from the filing of the application for letters testamentary or of administration until the decree of final distribution and the discharge of the last personal representative is deemed one…”
Est. of Croom v. Bailey, 107 S.W.3d 457 (Mo. Ct. App. 2003).
· cites it 3× “We further observe that section 473.013, in effect, defines the word administration — as opposed to presentment — as commencing with the filing of the application for letters testamentary.”
Black v. Stevens, 599 S.W.2d 54 (Mo. Ct. App. 1980).
· cites it 2× “Such in rem jurisdiction, once acquired continues from the time of filing the application for letters testamentary to the decree of final distribution and discharge of the last executor, and all actions necessary for complete administration of the estate are considered one…”
In Est. of Straszynski, 265 S.W.3d 394 (Mo. Ct. App. 2008).
“Douglas argues that Clark’s notice of appeal was untimely because it was not filed -within the 10-day time period allowed by Rule 81.04. 1 This Court agrees.”
State Ex Rel. Est. of Perry v. Roper, 168 S.W.3d 577 (Mo. Ct. App. 2005).
“§ 473.013. Thus, both a petition for presentment and an application for letters testamentary institute “proceedings” that Perry had a right to bring, if timely filed, in the probate court.”
Hatfield v. McCluney, 893 S.W.2d 822 (Mo. 1995).
“444, as applied in this case where letters were issued on the anniversary of the decedent’s death, left him with only one day in which to file his claim, making the notice provisions of § 473.013 a nullity and denying him due process of law under the constitution.”
Hayes v. Cardwell, 575 S.W.2d 816 (Mo. Ct. App. 1978).
· cites it 2× “Section 473.013 provides that the administration of the estate of a decedent “is deemed one proceeding for purposes of jurisdiction” and “is a proceeding in rem.”
In Re Est. of Fischer, 901 S.W.2d 239 (Mo. Ct. App. 1995).
· cites it 3× “Section 473.013 RSMo 1994. However, assets which may pour into an estate have been held sufficient to satisfy this res requirement.”
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