Missouri Revised Statutes

Mo. Rev. Stat. § 473.033 (2026)

Notice of letters

✓ current as of May 2026

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473.033. Notice of letters — duty of clerk — publication — form. — The clerk, as soon as letters testamentary or of administration are issued, shall cause to be published in some newspaper a notice of the appointment of the personal representative, in which shall be included a notice to creditors of the decedent to file their claims in the court or be forever barred. The notice shall be published once a week for four consecutive weeks. The clerk shall send a copy of the notice by ordinary mail to each heir and devisee whose name and address are shown on the application for letters or other records of the court, but any heir or devisee may waive notice to such person by filing a waiver in writing. The personal representative may, but is not required to, send a copy of the notice by ordinary mail or personal service to any creditor of the decedent whose claim has not been paid, allowed or disallowed as provided in section 473.403. Proof of publication of notice under this section and proof of mailing of notice shall be filed not later than ten days after completion of the publication. The notice shall be in substantially the following form:

To all persons interested in the estate of ______, decedent:
On the ______ day of ______, 20______, (the last will of the decedent having been admitted to probate) ______ was appointed the personal representative of the estate of ______, decedent, by the probate division of the circuit court of ______ County, Missouri. The business address of the personal representative is ______, and the personal representative's attorney is ______ of ______.
All creditors of the decedent are notified to file claims in court within six months from the date of first publication of this notice or if a copy of this notice was mailed to, or served upon, such creditor by the personal representative, then within two months from the date it was mailed or served, whichever is later, or be forever barred to the fullest extent permissible by law. Such six-month period and such two-month period do not extend the limitation period that would bar claims one year after the decedent's death, as provided in section 473.444, RSMo, or any other applicable limitation periods. Nothing in section 473.033, RSMo, shall be construed to bar any action against a decedent's liability insurance carrier through a defendant ad litem pursuant to section 537.021, RSMo.
Receipt of this notice by mail should not be construed by the recipient to indicate that the recipient necessarily has a beneficial interest in the estate. The nature and extent of any person's interest, if any, can be determined from the files and records of this estate in the probate division of the circuit court of ______ County, Missouri.
Date of the decedent's death was ______, 20______
Date of first publication is ______, 20______
	__________________
	Clerk of the Probate Division
	of the Circuit Court
	______ County, Missouri

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(L. 1955 p. 385 § 37, A.L. 1969 S.B. 86, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 H.B. 369, A.L. 1989 H.B. 145, A.L. 1993 S.B. 88, A.L. 1996 S.B. 494)

Effective 5-23-96

(1962) Weekly newspaper did not forfeit right theretofore vested in it to publish legal notices by suspending publication the last week in December of one year for vacation purposes and where it resumed continuous weekly publications after the procedure was questioned. State ex rel. Henderson v. Proctor (Mo.), 361 S.W.2d 802.

(1985) Held, due process does not require any more than publication notice to a creditor that a decedent's estate is being administered and the notice provisions of sections 473.360 and 473.033, RSMo, are constitutional. Estate of Busch v. Ferrell-Duncan Clinic (Mo. banc) 700 S.W.2d 87.

Notes of Decisions

Cited in 27 cases, 1961–2014 · leading case: Bosworth v. Sewell, 918 S.W.2d 773 (Mo. 1996).

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Bosworth v. Sewell, 918 S.W.2d 773 (Mo. 1996). · cites it 18× “1973), concluding that the failure to give actual notice as required by section 473.033, RSMo 1994, tolls the running of the statute of limitations for actions to contest a will, section 473.”

The Salvation Army, Kansas & W. Missouri Div. v. Bank of Am., 435 S.W.3d 661 (Mo. Ct. App. 2014). · cites it 6× “No proof shall be taken of any will nor a certificate of probate thereof issued unless such will has been presented within the applicable time set forth as follows: (1) In cases where notice has previously been given in accordance with section 473.033 [i.e., through publication]…”

Hatfield v. McCluney, 893 S.W.2d 822 (Mo. 1995). · cites it 7× “Also under the third point, Hatfield argues that the statutory publication required by § 473.033, RSMo 1986, operates as an estop-pel against the estate from claiming the benefit of the limitations provisions of § 473.”

Est. of Busch v. Ferrell-Duncan Clinic, Inc., 700 S.W.2d 86 (Mo. 1985). · cites it 7× “On July 30, 1984, plaintiff filed a claim against the estate but it was rejected as being barred by § 473.”

Aufenkamp v. Grabill, 112 S.W.3d 455 (Mo. Ct. App. 2003). · cites it 4× “No proof shall be taken of any will nor a certificate of probate thereof issued unless such will has been presented within the applicable time set forth as follows: (1) In cases where notice has previously been given in accordance with section 473.033 of the granting of letters…”

In Re Est. of Forhan, 149 S.W.3d 537 (Mo. Ct. App. 2004). · cites it 4× “Nothing in Section 473.033, RSMo, shall be construed to bar any action against a decedent’s liability insurance carrier through a defendant ad litem pursuant to Section 537.”

Kleim v. Sansone, 248 S.W.3d 599 (Mo. 2008). · cites it 2× “Section 473.033. Compliance with both statutes is essential to begin the six-month period to bring a will contest.”

Missouri High. & Transp. Comm'n v. Myers, 785 S.W.2d 70 (Mo. 1990). · cites it 2× “applied for letters testamentary, which issued May 15, 1979, and on May 18 the first Notice of Letters Testamentary was published as required by § 473.033. On June 15, 1979, Ardeis, Jr. moved to substitute himself, in his capacity as executor, as a party in place of his mother.”

State Ex Rel. Henderson v. Proctor, 361 S.W.2d 802 (Mo. 1962). · cites it 6× “The petition seeks a peremptory writ of mandamus directed to respondents requiring them to cause to be published in The Clarence Courier, a weekly newspaper published in Shelby County, notice of the appointment of Raymond Schwada as administrator of said estate and notice to the…”

Rios v. Bridges, 710 S.W.2d 327 (Mo. Ct. App. 1986). · cites it 5× “Beginning on June 10, 1982, the probate of the will was advertised to comply with § 473.033 RSMo Cum.Supp.1982 (effective January 1, 1981).”

State Ex Rel. Est. of Perry v. Roper, 168 S.W.3d 577 (Mo. Ct. App. 2005). · cites it 2× “[i]n cases where notice has not previously been given in accordance with section 473.033 of the granting of letters on the estate of testator, within one year after the death of the testator[.”

State ex rel. Plymesser v. Cleaveland, 387 S.W.2d 556 (Mo. 1965). · cites it 6× “Section 473.033 provides for the clerk to publish notice of the issuance of such letters in the manner prescribed, notifying all creditors to file claims within nine months from the date of the notice or be barred.”

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