Section 473.010

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 28 Aug 1959   

  473.010.  Venue. — 1.  The will of any decedent shall be probated and letters testamentary or of administration shall be granted:

  (1)  In the county in which the domicile of the deceased is situated;

  (2)  If he had no domicile in this state then in any county wherein he left any property; except that when the major part of a nonresident decedent's estate in this state consists of real estate, the will shall be probated and letters testamentary or of administration shall be granted in the county in which the real estate or the major part thereof is located;

  (3)  If the decedent had no domicile in this state and left no property therein, in any county in which the granting thereof is required in order to protect or secure any legal right.

  2.  If proceedings are commenced in more than one county, they shall be stayed except in the county where first commenced until final determination of venue in the county where first commenced.  The proceedings are deemed commenced by the filing of an application for letters;  and the proceedings first legally commenced extends to all of the property of the estate in this state.

  3.  All orders, settlements, trials and other proceedings pertaining to any estate shall be had or made in the county in which the letters were granted.

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(RSMo 1939 §§ 4, 5, 531, L. 1955 p. 385 § 30, A.L. 1959 S.B. 141)

Prior revisions: 1929 §§ 4, 5, 530; 1919 §§ 4, 5, 518; 1909 §§ 12, 13, 548

(1961) When sections 473.010 and 473.668 are read together they clearly authorize the appointment of an administrator for the estate of a nonresident decedent to the end that plaintiffs in personal injury action could maintain such action against and obtain service upon the administrator. State ex rel. McCubbin v. Ginn (Mo.), 347 S.W.2d 119.