Missouri Revised Statutes

Mo. Rev. Stat. § 473.087 (2026)

Will not effective until probated

✓ current as of May 2026

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473.087. Will not effective until probated. — No will is effectual for the purpose of proving title to, or the right to the possession of, any real or personal property, disposed of by the will, until it has been admitted to probate.

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(L. 1955 p. 385 § 53)

Notes of Decisions

Cited in 6 cases, 1967–2001 · leading case: Holley v. Grigg, 65 S.W.3d 289 (Tex. App. 2001).

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Holley v. Grigg, 65 S.W.3d 289 (Tex. App. 2001). “agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust agreement, declaration of trust, conveyance or any other written instrument effective as a contract, gift, conveyance, or trust or to…”

Gurniak v. Liszewski, 411 S.W.2d 84 (Mo. 1967). · cites it 3× “The instrument was not offered for probate after the death of Mary Liszew-ski, and Walery Liszewski is still living. Therefore, the instrument has no standing as a will, and on the basis of constituting a will it is ineffectual for the purpose of proving title to or the right to…”

Shaffer v. Cochenour, 569 S.W.2d 320 (Mo. Ct. App. 1978). “The purpose of § 473.087 is fully met here inasmuch as Barbara Clowser was a party plaintiff to the proceedings and had full notice of them.”

Anderson v. Wittmeyer, 834 S.W.2d 780 (Mo. Ct. App. 1992). “In construing the rule requiring all beneficiaries to a will contest to be made parties to the proceedings, our Supreme Court said in Donnan v.”

Reynolds v. Cent. Health Care Centers, Inc., 669 S.W.2d 74 (Mo. Ct. App. 1984). · cites it 3× “Section 473.087, RSMo 1978. A will or codicil cannot take effect until it is probated, and it is not probated until the court having probate jurisdiction so declares by its judgment.”

Debra J. Holley v. Vaudry Vern Grigg, Dennis Clayton Grigg, Wilbur Leo Grigg, & Carlos Gene Grigg (Tex. App. 2001). · cites it 2× “agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust agreement, declaration of trust, conveyance or any other written instrument effective as a contract, gift, conveyance, or trust or to…”

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