Mo. Rev. Stat. » Chapter 473
Missouri Revised Statutes

Mo. Rev. Stat. § 473.020 (2026)

If no application filed, others may request administration or probate

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  473.020.  If no application filed, others may request administration or probate — petition, form, contents — hearing, notice, orders. — 1.  If no application for letters testamentary or of administration is filed by a person entitled to such letters pursuant to section 473.110 within twenty days after the death of a decedent, then any interested person may petition the probate division of the circuit court which would be the proper venue for the administration of the estate of such decedent for the issuance of letters testamentary or of administration.  For purposes of this section, in addition to persons provided for in subdivision (15) of section 472.010, any person who has attached a claim supported by an affidavit setting forth the basis upon which such person has a claim against the decedent shall be an interested person.

  2.  The petition must be filed within one year after the date of death of the decedent and shall include the following:

  (1)  The decedent's name, the address of the decedent's last residence and the date of death of the decedent;

  (2)  If a written will of the decedent has been presented for probate, the names and addresses of the personal representatives designated in such will; and

  (3)  The names, addresses and relationships to the decedent of the decedent's heirs as is known to, or can be reasonably ascertained by, the petitioner.

  3.  Within fifteen days from the date of filing, the petition shall be set for hearing to determine who should be directed to apply for letters testamentary or of administration, and not to determine the validity of any claim.  Notice of the hearing shall be served upon all interested persons in the manner and within such time as directed by the court.  Upon hearing of the petition, the court shall enter such order or orders as it deems appropriate, including any of the following:

  (1)  An order directing the person found by the court to be entitled to the issuance of letters testamentary or of administration to apply for and qualify for such letters within such time as is allowed by the court, and in default of such timely application and qualification, upon application, the court shall issue letters of administration to some other person found suitable by the court;

  (2)  An order refusing letters on the estate; or

  (3)  An order dismissing the petition.

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(RSMo 1939 § 8, A.L. 1955 p. 385 § 34, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1996 S.B. 494)

Prior revisions: 1929 § 8; 1919 § 8; 1909 § 10

Effective 5-23-96

(1961) Where appointment of an administrator who had no interest in the estate was made eleven months after decedent's death on application of attorney for widow having wrongful death action against decedent's estate, the burden was on those opposing the appointment to establish that persons entitled to administer were residents and otherwise qualified. In re Norman's Estate (A.), 347 S.W.2d 908.

(1962) In subsequent proceeding in prohibition to restrain action for damages for wrongful death against administrator was void for lack of finding of nonresidence of widow, judgment in "In re Norman's Estate" held res judicata and preliminary writ quashed. State ex rel. Farmer v. Allison (A.), 359 S.W.2d 245.

(1992) Personal representatives did not waive and renounce their right to apply for letters testamentary by filing their petition after the twenty days allowed by the statute.  Statute does not limit the time in which a named executor must file the application for letters in probate; rather, statute merely ensures that where executor has failed to file in a in a timely manner, other interested persons should be free to do so.  Matter of Estate of Bloemker, 829 S.W.2d 7 (Mo. App. E.D.).

Notes of Decisions
Cited in 40 cases (2 in the last 5 years), 1957–2024 · leading case: In re Est. of Givens, 234 S.W.3d 519 (Mo. Ct. App. 2007).
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In re Est. of Givens, 234 S.W.3d 519 (Mo. Ct. App. 2007). · cites it 20× “On November 25, 2005, the Missouri Department of Social Services (“Social Services”) filed a petition to require administration (“administration petition”) pursuant to section 473.020 RSMo 2000. 1 Social Services asserted it was a creditor of decedent, with a claim against the…”
Est. of Harris, 529 S.W.3d 31 (Mo. Ct. App. 2017). · cites it 24× “In Appellant’s suggestions to the probate division, she explained why her Motion to Convert ought to be treated as a section 473.020 petition to open a full probate estate.”
State ex rel. Missouri Dep't of Soc. Servs. v. Kramer, 215 S.W.3d 739 (Mo. Ct. App. 2007). · cites it 11× “On June 20, 2006, Relator filed a “Petition for Issuance of Letters Testamentary or of Administration” pursuant to Section 473.020, RSMo 2000. 1 Relator alleged it was a creditor of the estate as a result of aid provided to the decedent prior to her death.”
In re Est. of Mickels, 542 S.W.3d 311 (Mo. 2018). · cites it 8× “Mickels seeks relief in this Court, arguing Mickels I announced a new cause of action previously unavailable in Missouri. She contends this Court should use its equitable powers to create a narrowly tailored exception allowing her an out-of-time appointment.”
State ex rel. Missouri Dept. of Soc. Serv. v. Roper, 174 S.W.3d 563 (Mo. Ct. App. 2005). · cites it 23× “§ 473.020. Respondent, the Honorable Ellen S.”
State ex rel. Missouri Dep't of Soc. Servs. v. Roper, 174 S.W.3d 563 (Mo. Ct. App. 2005). · cites it 21× “§ 473.020. Respondent, the Honorable Ellen S.”
Hatfield v. McCluney, 893 S.W.2d 822 (Mo. 1995). · cites it 5× “Section 473.020 provides that if no application for letters is filed by a person entitled thereto within twenty days after the death of the decedent, “any interested person” may apply for letters of administration.”
In the Est. of: Shirley a. Tiefenbrunn, State of Missouri, Dep't of Soc. Servs., Mo Healthnet Div. v. Susan M. Juergens, 484 S.W.3d 907 (Mo. Ct. App. 2016). · cites it 9× “— OPINION AUTHOR This is an appeal by the State of Missouri, Department of Social Services, MO HealthNet Division (“Division”) of a 'judgment entered on Jhly 23, 2015, denying the issuance of Letters of Administration, pursuant to section 473.020, 1 to open an estate for Shirley…”
State ex rel. Unnerstall ex rel. Leighton v. Berkemeyer, 298 S.W.3d 513 (Mo. 2009). · cites it 2× “Unnerstall’s petition for administration was filed under section 473.020 on the first anniversary of her husband’s death.”
State ex rel. Emmons v. Hollenbeck, 394 S.W.2d 82 (Mo. Ct. App. 1965). · cites it 6× “Duncan” [see Section 473.020] and that, after hearing, a “legal representative of the deceased” be appointed.”
Salvation Army v. Bank of Am., 435 S.W.3d 661 (Mo. Ct. App. 2014). · cites it 2× “110, thence to interested persons as set out in section 473.020.” Id. at 463 . Thus, the Salvation Army’s reliance on Croom is misplaced; Bank of America, not the Salvation Army, presented both the 1995 Will and the 1984 Will.”
Est. of Croom v. Bailey, 107 S.W.3d 457 (Mo. Ct. App. 2003). · cites it 5× “Section 473.020 declares that if no application for letters is filed by a person entitled to do so under section 473.”
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