Missouri Revised Statutes

Mo. Rev. Stat. § 473.083 (2026)

Will binding, when

✓ current as of May 2026

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473.083. Will binding, when — contest of will, when, procedure. — 1. Unless any person interested in the probate of a will appears within six months after the date of the probate or rejection thereof by the probate division of the circuit court, or within six months after the first publication of notice of granting of letters on the estate of the decedent, whichever is later, and, by petition filed with the clerk of the circuit court of the county, contests the validity of a probated will, or prays to have a will probated which has been rejected by the probate division of the circuit court, then probate or rejection of the will is binding. An heir, devisee, trustee or trust beneficiary under another purported will of the same decedent, and a person who has acquired, before or after the death of the testator, all or part of the interest of such heir or devisee by purchase, gift, devise, intestate succession, mortgage or lien, is interested in the probate of a will for purposes of this section.

2. Whenever it is shown or appears to and is found by the judge of the probate division that any person interested in the probate of a will is a minor or mentally incapacitated person, and that the filing of a contest may be to the interest of the minor or person, the court shall appoint a guardian ad litem for the minor or person, who shall file or join in the contest within the time fixed by subsection 1 of this section.

3. It is not necessary to join as parties in a will contest persons whose interests will not be affected adversely by the result thereof. Subject to the provisions of section 472.300, persons not joined as parties in a will contest are not bound by the result thereof and have no rights in or to any consideration given for dismissal pursuant to subsection 8 of this section.

4. Upon filing of the petition the clerk of the circuit court shall immediately notify the probate division of the circuit court and transmit to it a copy of the petition within ten days after its filing.

5. Any contest of the validity of a probated will or any prayer to have probated a will which has been rejected by the judge of the probate division shall be heard before a circuit judge other than the judge of the probate division, provided, however, that with the consent of the judge of the probate division, such actions may be filed in or transferred to the probate division for hearing. Service of summons, petition, and subsequent pleadings thereto together with all subsequent proceedings in such will contest proceedings shall be governed by the Missouri Rules of Civil Procedure and the provisions of The Civil Code of Missouri which are in effect.

6. In any such action the petitioner shall proceed diligently to secure and complete service of process as provided by law on all parties defendant. If service of process is not secured and completed upon all parties defendant within ninety days after the petition is filed, the petition, on motion of any defendant duly served upon the petitioner or his attorney of record, in the absence of a showing by the petitioner of good cause for failure to secure and complete service, shall be dismissed at the cost of the petitioner.

7. If a timely petition is filed, it and the answer or answers thereto shall frame the issues of intestacy or testacy or which writing or writings constitute the decedent's will. The issues shall be tried by a jury, or if no party requires a jury, by the court, and the judgment thereon shall determine the issues. The verdict of jury or the finding and judgment of the court is final, saving to the court the right of granting a new trial and to the parties the right of appeal as in other cases.

8. Any such action may be voluntarily dismissed, after the period of contest has expired, by consent of all parties not in default, at the cost of the party or parties designated, at any time prior to final judgment. Dismissal under this subsection shall not be considered a compromise of the action requiring court approval pursuant to sections 473.084 and 473.085, even though the parties have contractually agreed to an exchange of consideration for such dismissal or consent, and even though others similarly situated do not participate in such consideration.

9. If the action is dismissed under the provisions of subsection 6 or 8 of this section, the judge of the probate division shall proceed with the administration of the estate in accord with his previous order admitting the will to probate or rejecting a will as if the petition had never been filed with the clerk of the circuit court.

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(RSMo 1939 §§ 538, 539, 540, A.L. 1955 p. 385 § 52, A.L. 1959 S.B. 141, A.L. 1969 p. 550, A.L. 1973 S.B. 114, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45, A.L. 1989 H.B. 145)

Prior revisions: 1929 §§ 537, 538, 539; 1919 §§ 525, 526, 527; 1909 §§ 555, 556, 557

Effective 7-13-89

(1984) The only question that may be litigated in a will contest is whether a document is the last will and testament of the decedent, and no other claims may be joined. Romann v. Bueckmann (Mo. App.E.D.), 686 S.W.2d 25.

(1987) As used in this section, the term "adversely affected" means that the person may lose some benefit if the will contest succeeds, not if the will contest fails. Zimmerman v. Preuss, 725 S.W.2d 876 (Mo. banc).

(1987) A will contest may be dismissed voluntarily with prejudice pursuant to this section and the estate distributed in accordance with court approved settlement agreement of parties to will contest pursuant to sections 474.084 and 474.085 so long as agreement is reasonable and takes into account all interested parties including those that may not be parties to will contest. Mamoulian v. St. Louis University, 732 S.W.2d 512 (Mo. banc).

(1996) The requirements of sections 473.017 and 473.033 must be followed before the statutory bar of this section may be exercised to exclude a will contest in an open estate. Bosworth v. Sewell, 918 S.W.2d 773 (Mo.banc).

(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.).

Notes of Decisions

Cited in 91 cases (2 in the last 5 years), 1956–2024 · 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 16× “However, because the Missouri probate code already mandates actual notice to heirs, we do not address Pope or the constitutionality of § 473.083. State ex rel. Williams v. Marsh, 626 S.”

Kleim v. Sansone, 248 S.W.3d 599 (Mo. 2008). · cites it 16× “Time Limitations in Section 473.083 Sansone also argues that the probate division’s acceptance or rejection of the will is a condition precedent for filing a will contest action under section 473.”

Godsy v. Godsy, 531 S.W.2d 547 (Mo. Ct. App. 1975). · cites it 36× “This is a will contest, the procedure for which is contained in § 473.083 V.A.M.S. Plaintiffs-appellants are the brother, two sisters, and the lineal descendants of a deceased sister of the testatrix Alta Godsy, who died on February 4, 1966.”

Haas v. Haas, 504 S.W.2d 44 (Mo. 1973). · cites it 41× “" Upon these facts and circumstances defendant Shriners' Hospital moved for dismissal of plaintiff's petition on the ground that Section 473.083, RSMo 1969, V.A.M. S., precluded him from filing his will contest more than six months following probate of the will or six months…”

Lomax v. Sewell, 1 S.W.3d 548 (Mo. Ct. App. 1999). · cites it 12× “rred in granting the respondents’ motion for JNOV on the grounds stated in its judgment entry that: (1) “there was insufficient evidence to make a submissible case on undue influence”; (2) “[tjhere was insufficient evidence of lack of testamentary capacity in 1988 when the…”

Mullins v. Est. of Corbin, 66 S.W.3d 84 (Mo. Ct. App. 2001). · cites it 13× “On September 7, 2000, the probate court entered its order and judgment dismissing the appellant’s objections to final settlement and petition contesting the will finding that “Objections to Settlement filed herein by [the appellants] are barred by limitations set out at Section…”

Taylor v. Coe, 675 S.W.2d 148 (Mo. Ct. App. 1984). · cites it 8× “This is an action to contest the will of Inez Catanya Hutchins, deceased, pursuant to the procedure set forth in § 473.083. 1 Plaintiffs would take by intestacy if the action succeeded.”

Burke v. Kehr, 826 S.W.2d 855 (Mo. Ct. App. 1992). · cites it 15× “Section 473.083 has not been regarded as a statute of limitations in the usual sense but as a special statute applicable solely to will contest actions.”

Danforth v. Danforth, 663 S.W.2d 288 (Mo. Ct. App. 1983). · cites it 8× “The doctor left the ranch on Sunday to talk to the appellant at her mother’s, but was never again seen alive. I. Appellant points out four ways in which the circuit court lacked subject matter jurisdiction over the will contest because the prescriptions of Section 473.”

Gillman v. Mercantile Trust Co., Nat. Ass'n, 629 S.W.2d 441 (Mo. Ct. App. 1981). · cites it 8× “The will contest section, § 473.083 RSMo 1978, lends further force to our conclusion.”

Shaffer v. Cochenour, 569 S.W.2d 320 (Mo. Ct. App. 1978). · cites it 9× “This appeal, involving a will contest, is from a judgment of the circuit court of Scotland County dismissing count I of plaintiffs’ petition for failure to join and serve all necessary parties within the statu *322 tory period as required by § 473.083. 1 Appellants argue that…”

The Salvation Army, Kansas & W. Missouri Div. v. Bank of Am., 435 S.W.3d 661 (Mo. Ct. App. 2014). · cites it 5× “, through publication] 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 [i.e., will contest…”

Show all 91 citing cases →

— Mo. Rev. Stat. § 473.083(1) — 7 cases

Godsy v. Godsy, 531 S.W.2d 547 (Mo. Ct. App. 1975). “This is a will contest, the procedure for which is contained in § 473.083 V.A.M.S. Plaintiffs-appellants are the brother, two sisters, and the lineal descendants of a deceased sister of the testatrix Alta Godsy, who died on February 4, 1966.”

Lopiccolo v. Semar, 890 S.W.2d 754 (Mo. Ct. App. 1995).

Brunig v. Humburg, 957 S.W.2d 345 (Mo. Ct. App. 1997).

Gillman v. Mercantile Trust Co., Nat. Ass'n, 629 S.W.2d 441 (Mo. Ct. App. 1981). “The will contest section, § 473.083 RSMo 1978, lends further force to our conclusion.”

State Ex Rel. O'Connell v. Crandall, 562 S.W.2d 746 (Mo. Ct. App. 1978).

— Mo. Rev. Stat. § 473.083(2) — 2 cases

State ex rel. Plymesser v. Cleaveland, 387 S.W.2d 556 (Mo. 1965).

State Ex Rel. Shriners' Hospitals for Crippled Child. v. Hensley, 385 S.W.2d 820 (Mo. Ct. App. 1964).

— Mo. Rev. Stat. § 473.083(3) — 1 case

Burke v. Kehr, 826 S.W.2d 855 (Mo. Ct. App. 1992). “Section 473.083 has not been regarded as a statute of limitations in the usual sense but as a special statute applicable solely to will contest actions.”

— Mo. Rev. Stat. § 473.083(4) — 9 cases

State Ex Rel. O'Connell v. Crandall, 562 S.W.2d 746 (Mo. Ct. App. 1978).

Foster v. Foster, 565 S.W.2d 193 (Mo. Ct. App. 1978).

Sanderson v. Richardson, 432 S.W.2d 625 (Mo. Ct. App. 1968).

Crawford v. Bashor, 564 S.W.2d 323 (Mo. Ct. App. 1978).

— Mo. Rev. Stat. § 473.083(5) — 2 cases

Orange v. Harrington, 649 S.W.2d 930 (Mo. Ct. App. 1983).

Hall v. St. Louis Union Trust Co., 602 S.W.2d 455 (Mo. Ct. App. 1980).

— Mo. Rev. Stat. § 473.083(6) — 5 cases

Woodward v. Nyland, 915 S.W.2d 361 (Mo. Ct. App. 1996).

Larson v. Larson, 818 S.W.2d 740 (Mo. Ct. App. 1991).

State ex rel. Good v. Wilson, 744 S.W.2d 570 (Mo. Ct. App. 1988).

Est. of Moore v. Murphy, 828 S.W.2d 740 (Mo. Ct. App. 1992).

— Mo. Rev. Stat. § 473.083(7) — 2 cases

Gillman v. Mercantile Trust Co., Nat. Ass'n, 629 S.W.2d 441 (Mo. Ct. App. 1981). “The will contest section, § 473.083 RSMo 1978, lends further force to our conclusion.”

Lopiccolo v. Semar, 890 S.W.2d 754 (Mo. Ct. App. 1995).

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