☰ Revisor of Missouri

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

Effective - 01 Jan 1981, see footnote bottom

  472.160.  Appeal — when — grounds for. — 1.  Any interested person aggrieved thereby may appeal to the appropriate appellate court from the order, judgment or decree of the probate division of the circuit court in any of the following cases:

  (1)  On the allowance of any claim against an estate exceeding one hundred dollars;

  (2)  On all settlements of the personal representative;

  (3)  On all apportionments among creditors, legatees or distributees;

  (4)  On all orders directing the payment of legacies, making distribution or making allowances to the surviving spouse or unmarried minor children;

  (5)  On all orders for the sale of assets of the probate estate;

  (6)  On all orders for the sale of real estate;

  (7)  On judgments for waste;

  (8)  On proceedings to recover balances escheated to the state;

  (9)  On all orders revoking letters testamentary or of administration;

  (10)  On orders making allowances for the expenses of administration;

  (11)  On orders for the specific execution of contracts;

  (12)  On orders compelling legatees and distributees to refund;

  (13)  On all orders denying any of the foregoing requested actions;

  (14)  In all other cases where there is a final order or judgment of the probate division of the circuit court under this code except orders admitting to or rejecting wills from probate.

  2.  No appeal shall be allowed from any order or denial of an order made by the clerk under section 472.070 unless a motion to modify or vacate such order has been denied by the court, but no such motion is necessary to an appeal from any order made, denied or refused by the judge.

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(RSMo 1939 § 283, A.L. 1955 p. 385 § 17, A.L. 1957 p. 829, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)

Prior revisions: 1929 § 284; 1919 § 282; 1909 § 289

Effective 1-01-81

(1966) The right to appeal and whether an appellant is a party aggrieved within the meaning of §§ 472.160 and 512.020 are jurisdictional questions which may be raised at any time and by the court itself. In re Fusz' Estate (Mo.), 397 S.W.2d 595.

(1967) For a party to have the right of appeal as "aggrieved" by the judgment he must have a direct pecuniary interest in the result of the litigation. In re Estate of Soengen (A.), 412 S.W.2d 533.

(1969) There is no right of appeal from a probate court order vacating a void judgment. State ex rel. Travelers Indemnity Co. v. Swink (A.), 440 S.W.2d 152.

(1971) A natural mother qualifies as an "interested person" in the appointment of a guardian for the child's estate, and, having a right to such appointment "if otherwise qualified" a mother would be aggrieved by a final order of the probate court which disqualified her from that office with right of appeal to circuit court. State ex rel. Pope v. Lisle (A.), 469 S.W.2d 841.

(1974) Held that order for partial compensation of attorney was not a final judgment and was not appealable. In re the Estate of Ritter (A.), 510 S.W.2d 188.

(1974) Held that an order to sell personal property in order to satisfy a tax lien is not an appealable order under this section.  Poletti v. Estate of Poletti (A.), 510 S.W.2d 850.

(1992) Where court issued order advising that it would issue letters of administration to decedent's putative son and denied motion of decedent's family to prevent such appointment, such order is not appealable.  Family did not wait until letters were issued and then move to revoke the letter.  Statute authorizes an appeal of an order denying the revocation of letters.  Matter of Nocita, 845 S.W.2d 574 (Mo. App. E.D.).


---- end of effective   01 Jan 1981 ----

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