Section 473.077

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 28 Aug 1971   

  473.077.  Proceedings reopened, when. — If the court determines the facts as provided in section 473.073, its order shall be final, subject to the following exceptions:

  (1)  It may be reopened at any time, within six months from the date of the first publication of notice of letters, for the purpose of admitting a will to probate not theretofore presented to the court except that, if a previous will has been probated or rejected, it may not be reopened after the time for bringing a proceeding under section 473.083;

  (2)  It may be vacated or modified for good cause as provided in section 472.150;

  (3)  The finding that the alleged decedent is dead is not final or conclusive.

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(L. 1955 p. 385 § 50, A.L. 1971 S.B. 85)

(1957) A contingent debtor who was defendant in action brought by administrator held entitled to attack validity of appointment of administrator and to appeal from order denying removal of administrator. In re Dugan (A.), 309 S.W.(2d) 137. Same rule applies to appointment of guardian of minors.  In re Dugan (A.), 309 S.W.2d 145.