Section 473.070

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 23 May 1996, see footnote   

  473.070.  Heirs, time limits to establish interest in estate — posthumous heirs in gestation, mother has right to file action — time limitations. — 1.  Any action to establish an interest in an estate by descent shall be filed prior to the expiration of the applicable objection period for a final settlement pursuant to section 473.590 or for a statement of account pursuant to subsection 4 of section 473.840.

  2.  The mother of an alleged heir who is not yet born and is in gestation shall have the right to file an action in accordance with subsection 1 of this section on behalf of the alleged heir.

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(L. 1955 p. 385 § 48, A.L. 1971 S.B. 85, A.L. 1985 S.B. 35, et al., A.L. 1989 H.B. 145, A.L. 1996 S.B. 494)

Effective 5-23-96

(1996) Illegitimate child may prove paternity during probate pursuant to this section even if section 210.828 statute of limitations has run.  In the Matter of Carl Nocita, 914 S.W.2d 358 (Mo.banc).

(2000) Statute requiring application for letters of administration within one year of decedent's death applies to paternity proceedings brought under Uniform Parentage Act.  Johnson v. Akers, 9 S.W.3d 608 (Mo.banc).