Missouri Revised Statutes

Mo. Rev. Stat. § 473.050 (2026)

Wills, presentment for probate, time limited

✓ current as of May 2026

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473.050. Wills, presentment for probate, time limited — presented, defined. — 1. A will, to be effective as a will, must be presented for and admitted to probate.

2. When used in chapter 472, chapter 474, chapter 475, and this chapter, the term "presented" means:

(1) Either the delivery of a will of a decedent, if such will has not previously been delivered, to the probate division of the circuit court which would be the proper venue for the administration of the estate of such decedent, or the delivery of a verified statement to such court, if the will of such decedent is lost, destroyed, suppressed or otherwise not available, setting forth the reason such will is not available and setting forth the provisions of such will so far as known; and

(2) One of the following:

(a) An affidavit pursuant to section 473.097, which requests such will be admitted to probate; or

(b) A petition which seeks to have such will admitted to probate; or

(c) An authenticated copy of the order admitting such will to probate in any state, territory or district of the United States, other than this state.

3. 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 on the estate of such testator, within six months after the date of the first publication of the notice of granting of letters, or within thirty days after the commencement of an action under section 473.083 to establish or contest the validity of a will of the testator named in such will, whichever later occurs;

(2) In 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 date of death of the testator;

(3) In cases involving a will admitted to probate in any state, territory or district of the United States, other than this state, which was the decedent's domicile, at any time during the course of administration of the decedent's domiciliary estate in such other state, territory or district of the United States.

4. A will presented for probate within the time limitations provided in subsection 3 of this section may be exhibited to be proven, and proof received and administration granted on such will at any time after such presentation.

5. A will not presented for probate within the time limitations provided in subsection 3 of this section is forever barred from admission to probate in this state.

6. Except as provided in subsection 4 of this section and section 537.021, no letters of administration shall be issued unless application is made to the court for such letters within one year from the date of death of the decedent.

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(RSMo 1939 § 532, A.L. 1955 p. 385 § 42, A.L. 1969 S.B. 85, A.L. 1973 H.B. 216, A.L. 1978 H.B. 1634, A.L. 1996 S.B. 494, A.L. 2016 H.B. 1765)

Prior revisions: 1929 § 531; 1919 § 519; 1909 § 549

(1997) Action by probate division is condition precedent to bringing suit to set aside a will or to establish a will that has been rejected. Brunig v. Humburg, 957 S.W.2d 345 (Mo.App.E.D.).

(2005) Tolling provisions of federal Servicemembers' Civil Relief Act toll statute of limitations for filing petition for presentment and application for letters testamentary for covered individuals. State ex rel. Estate of Perry ex rel. Perry, 168 S.W.3d 577 (Mo.App.W.D.).

Notes of Decisions

Cited in 37 cases (3 in the last 5 years), 1964–2024 · leading case: State Ex Rel. Unnerstall Ex Rel. Leighton v. Berkemeyer, 298 S.W.3d 513 (Mo. 2009).

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State Ex Rel. Unnerstall Ex Rel. Leighton v. Berkemeyer, 298 S.W.3d 513 (Mo. 2009). · cites it 20× “Section 473.050, RSMo 1994, which closely mirrors current section 473.”

State Ex Rel. Est. of Perry v. Roper, 168 S.W.3d 577 (Mo. Ct. App. 2005). · cites it 15× “While conceding that the probate court’s order was not an order admitting or rejecting a will from probate, Respondent contends that an order rejecting a petition for failing to comply with the time limitation set forth in § 473.050 is not a final order or judgment and is,…”

Hawkins v. Lemasters, 200 S.W.3d 57 (Mo. Ct. App. 2006). · cites it 22× “§ 473.050 RSMo 1994. 6 . Hawkins relies upon the amended petition filed outside of the six-month window rather than the original petition filed within six months.”

The Salvation Army, Kansas & W. Missouri Div. v. Bank of Am., 435 S.W.3d 661 (Mo. Ct. App. 2014). · cites it 8× “Notwithstanding, the Unnerstall court prohibited the trial court’s consideration of proof of the will that had not been presented within the section 473.050 limitations period. Id. at 520-21 .”

State Ex Rel. Shriners' Hospitals for Crippled Child. v. Hensley, 385 S.W.2d 820 (Mo. Ct. App. 1964). · cites it 17× “1959, and that-under the provisions of § 473.050 RSMo-1959, V.A.M.S., the Probate Court was “without jurisdiction to receive evidence of proof” of said purported will and said purported codicil thereto because said instru- *823 merits had not been presented to the Judge or Clerk…”

State ex rel. Plymesser v. Cleaveland, 387 S.W.2d 556 (Mo. 1965). · cites it 24× “on March 1, 1963, appeared in the Probate Court of Caldwell County and objected to the jurisdiction of said court to entertain the application or admit the instrument to probate on the following grounds: “(A) The Probate Court of Caldwell County, Missouri, had no authority to…”

Gillman v. Mercantile Trust Co., Nat. Ass'n, 629 S.W.2d 441 (Mo. Ct. App. 1981). · cites it 7× “The controlling statute, § 473.050 RSMo 1978, provides: “No proof shall be taken of any will nor any certificate of probate thereof issued, unless the will has been presented to the judge or clerk of the probate division of the circuit court, within six months from the date of…”

Aufenkamp v. Grabill, 112 S.W.3d 455 (Mo. Ct. App. 2003). · cites it 4× “ing, in relevant part: If a person has died leaving property or any interest in property in this state and if no administration has been commenced on the estate of such decedent in this state within one year after the date of decedent’s death, and if no written will of such…”

Lopiccolo v. Semar, 890 S.W.2d 754 (Mo. Ct. App. 1995). · cites it 8× “§ 473.050, RSMo.1986. The probate court rejected the 1987 will on February 25, 1992.”

Brents v. Wachel, 849 S.W.2d 68 (Mo. Ct. App. 1993). · cites it 17× “The trial court dismissed said petition upon finding that it was barred under the time limitation provisions of section 473.050, RSMo 1986. 2 In their sole issue on appeal, appellants challenge said order and finding of the trial court.”

In Re Est. of Givens, 234 S.W.3d 519 (Mo. Ct. App. 2007). · cites it 5× “In her first point relied on, Sister argues that the probate division erred in *522 its order denying her petition to set aside letters of administration because sections 473.050 and 473.020 require that an estate be opened within one year of death, and the probate division’s…”

Est. of Croom v. Bailey, 107 S.W.3d 457 (Mo. Ct. App. 2003). · cites it 9× “3 In their sole point on appeal, Appellants premise probate court error in “dismissing the application for probate of will because the [probate] court had subject matter jurisdiction to consider said application in that an application for probate need not be filed by an…”

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