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

Mo. Rev. Stat. § 473.663 (2026)

No administration within one year after death and no will probated, interested party may petition

✓ current as of May 2026
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  473.663.  No administration within one year after death and no will probated, interested party may petition — contents of petition — notice. — 1.  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 decedent has been presented for probate in this state within the time period provided in subsection 3 of section 473.050, then any person claiming an interest in such property as heir or through an heir may file a petition in the probate division of the circuit court which would be of proper venue for the administration of the estate of such decedent to determine the heirs of the decedent at the date of the decedent's death and their respective interests or interests as heirs in the estate.  The petition shall include all of the following known by, or can with reasonable diligence be ascertained by, the petitioner:

  (1)  The name, age, domicile, last residence address and the fact and date of death of the decedent;

  (2)  The names, relationship to the decedent and residence addresses of the heirs of the decedent at the time of the decedent's death;

  (3)  The names and residence addresses of any persons claiming through an heir of the decedent when such heir has died after the decedent;

  (4)  A particular description of the property of the decedent in this state with respect to which the determination is sought and the value of such property.

  2.  Upon the filing of the petition, the court shall set the time for the hearing of the petition, notice of which shall be given to:

  (1)  All persons known or believed to claim any interest in the property as heir or through an heir of the decedent;

  (2)  All persons who may at the date of the filing of the petition be shown by the records of conveyances of the county in which any real property described in such petition is located to claim any interest in such real property through the heirs of the decedent; and

  (3)  Any unknown heirs of the decedent.

  3.  The notice shall be given by publication by publishing the notice once each week for four consecutive weeks, the last insertion of publication to be at least seven days before the date set for the hearing.  In addition, notice under subdivision (1) of subsection 2 of section 472.100, or notice by registered or certified mail, as the court shall direct, shall be given to every person named in the petition whose address is known to the petitioner.

  4.  Upon the hearing of the petition, the court shall make a decree determining the person or persons entitled to the property with respect to which a determination is sought, and their respective interest in the property as heirs or successors in interest to such heirs.  The decree is conclusive evidence of the facts determined in such decree as against all parties to the proceedings.

  5.  A certified copy of the decree shall be recorded at the expense of the petitioner in each county in which any real property described in the decree is situated.

  6.  This section shall apply to those persons whose deaths occur on or after July 13, 1989.

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(L. 1955 p. 385 § 231, A.L. 1957 p. 829, A.L. 1971 S.B. 85, A.L. 1982 S.B. 497, A.L. 1989 H.B. 145, A.L. 1996 S.B. 494, A.L. 2015 S.B. 340)

Notes of Decisions
Cited in 16 cases (4 in the last 5 years), 1960–2025 · leading case: Rychnovsky v. Cole, 119 S.W.3d 204 (Mo. Ct. App. 2003).
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Rychnovsky v. Cole, 119 S.W.3d 204 (Mo. Ct. App. 2003). · cites it 16× “The petition alleged Eleanor Robinson was one of the uphill property owners who failed to maintain the private gravity flow sewer line, and the resulting sewage seepage caused damage to Rychnovsky’s home.”
Heidbreder v. Tambke, 284 S.W.3d 740 (Mo. Ct. App. 2009). · cites it 24× “In 2007, the appellants applied to the probate division of the Cole County Circuit Court for a judicial determination pursuant to section 473.663 that the appellants are Heidbreder’s sole heirs at law and that they are therefore the owners of the balance receivable for the…”
White v. Emmanuel Baptist Church, 519 S.W.3d 917 (Mo. Ct. App. 2017). · cites it 10× “Pursuant to section 473.663, “an action for determination of the heirs of a decedent who has died leaving property, and the extent of their interests therein, may be brought by any person having an interest in the property if no administration was commenced on the decedent’s…”
Johns v. Fox, 955 S.W.2d 945 (Mo. Ct. App. 1997). · cites it 15× “1997); see § 473.663, RSMo Cum.Supp. 1989. This section authorizes the court to determine the heirs of the decedent and their respective interests in the decedent’s property.”
Carter v. Pottenger, 888 S.W.2d 710 (Mo. Ct. App. 1994). · cites it 3× “Therefore, as presented by the parties, the issue is whether Plaintiff can maintain this survival action pursuant to § 537.”
Ratermann v. Ratermann Realty & Inv. Co., 341 S.W.2d 280 (Mo. Ct. App. 1960). · cites it 3× “…provisions of the probate code comprise the statute conferring an unconditional right to intervene: § 473.-083, § 473.663, § 472.160, § 472.200, § 472.-250 and § 473.420 RSMo 1949 as amended, V.A.M.S. Section 473.083, supra, is the section governing the procedure for…”
Wasser v. Collins, 950 S.W.2d 530 (Mo. Ct. App. 1997). · cites it 6× “Section 473.663 permits an action to determine heirship where no administration has been commenced on the decedent’s estate, nor any will offered for probate, within one year after the decedent’s death.”
In the Est. of Michall Duncan (Mo. Ct. App. 2024). · cites it 33× “Rex Duncan, Terry Duncan, and Rick Duncan (collectively, Appellants) appeal the probate court’s determination that Respondent Jennifer Duncan Criswell (Criswell) is the heir of the deceased, Michall Duncan (Decedent), who was Criswell’s biological father.”
Curnes v. Equitable Life Assurance Soc'y of the United States, 6 S.W.3d 175 (Mo. Ct. App. 1999). “It stated that plaintiff filed a petition for determination of heir-ship pursuant to § 473.663; that a determination was made that plaintiff was the sole remaining heir of Sally Arndt.”
Ryan v. Mo. Dept. of Soc. Servs., 877 S.W.2d 263 (Mo. Ct. App. 1994). · cites it 2× “On April 23, 1993, Beverly Sue Ryan, the Public Administrator of Clay County, filed an application to determine heirship pursuant to § 473.663, RSMo 1989, Cum.Supp. The State thought an estate had been opened on Adams and filed a claim for the recovery of public assistance…”
In the Est. of Richard E. Smith, APRIL M. SVEC, Pers. Rep. of the Est. of Deidre A. Smith, & ASHLEY A. LUX v. AMIE M. BROOKS, ERIC R. SMITH, & JOSHUA C. SMITH (Mo. Ct. App. 2023). · cites it 6× “Appellant’s argument, however, completely ignores that the legal action in this case, unlike the legal action in Aufenkamp 1 , was brought under section 473.663. 4 4 Unless otherwise indicated, all statutory references are to RSMo (2016) as amended.”
In the Est. of: Arnaldo Soares Barros v. Maria Barros, Mark Alexander Barros, & Jennifer Ann de Barros (Mo. Ct. App. 2022). · cites it 5× “The Florida probate 2 Diana filed her Missouri heirship petition pursuant to section 473.663, RSMo 2016, which under certain circumstances and by statutorily interested persons, authorizes probate of assets located in Missouri after the decedent owner of the property has been…”
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