Petition for Probate of Will and for Letters Testamentary - Missouri

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI — PROBATE DIVISION

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees, Legatees, and Beneficiaries
7. Heirs at Law Entitled to Notice
8. Nomination, Priority, and Qualification
9. Bond
10. Prayer for Relief
11. Verification
12. Certificate of Service / Notice
13. Attachments Checklist

1. CAPTION AND CASE INFORMATION

IN THE ESTATE OF:

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Deceased.

Estate No.: [____________________________________]

Hearing Date: [__/__/____] Time: [____] Division: [____]

Administration requested: ☐ Independent Administration (Mo. Rev. Stat. § 473.780 et seq.) ☐ Supervised Administration

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Missouri [ZIP CODE]
County of Residence: [COUNTY]
Telephone: [________________________________]
Capacity: Executor / Personal Representative nominated in the Last Will of the Decedent.
Relationship to Decedent: [RELATIONSHIP]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died testate (leaving a valid Last Will and Testament) on [__/__/____].

b. At the time of death, the Decedent was domiciled in [COUNTY] County, Missouri. Venue is proper in this Court under Mo. Rev. Stat. § 473.010 because the Decedent was a resident of this county at the time of death.

c. The Last Will dated [__/__/____] is presented for probate within the time allowed by Mo. Rev. Stat. § 473.050 (within one year of death, or within six months after the first publication of the notice of letters where letters have been published).

d. ☐ No prior application or petition for letters on this estate has been granted in this or any other court.

e. The estimated value of the estate requiring administration is:

• Personal property: $[________________]
• Real property: $[________________]
• Total estimated value: $[________________]

5. THE WILL OFFERED FOR PROBATE

a. The Decedent left a Last Will and Testament executed on [__/__/____] ☐ together with [____] codicil(s) dated [__/__/____].

b. The original Will (and any codicil) is delivered to and lodged with the Clerk of this Court with this Petition, as required by Mo. Rev. Stat. § 473.043.

c. The Will was attested by the following subscribing witnesses:

d. Proof of the Will:
☐ The Will is self-proved by a certificate/affidavit of the testator and witnesses conforming to Mo. Rev. Stat. § 474.337, and shall therefore be admitted to probate without further proof under Mo. Rev. Stat. § 473.065.
☐ The Will is not self-proved; proof of execution will be made by the testimony or affidavit of a subscribing witness or other competent evidence under Mo. Rev. Stat. § 473.053.

e. To the best of Petitioner's knowledge, the instrument offered is the Decedent's last will, was validly executed under Mo. Rev. Stat. § 474.320, and has not been revoked.

6. DEVISEES, LEGATEES, AND BENEFICIARIES

The persons named to take under the Will are:

7. HEIRS AT LAW ENTITLED TO NOTICE

The Decedent's heirs at law (those who would take by intestate succession under Mo. Rev. Stat. § 474.010 et seq.), so far as known or reasonably ascertainable (Mo. Rev. Stat. § 473.017):

☐ Surviving spouse: [NAME]

8. NOMINATION, PRIORITY, AND QUALIFICATION

a. The Will nominates [PETITIONER FULL LEGAL NAME] as Executor / Personal Representative.

b. Under Mo. Rev. Stat. § 473.110(1), letters testamentary shall be granted to the personal representative designated in the Will. Petitioner therefore has first priority for appointment.

c. Petitioner is qualified and is not disqualified under Mo. Rev. Stat. § 473.117 (not a minor, of sound mind, and otherwise competent and suitable).

d. ☐ A co-executor named in the Will is: [NAME], who ☐ joins in this Petition ☐ has renounced ☐ is disqualified.

9. BOND

Under Mo. Rev. Stat. § 473.157, the personal representative must give bond unless excused; under Mo. Rev. Stat. § 473.160, no bond is required where the Will so directs (subject to the Court's authority to require bond for cause).

☐ The Will expressly waives bond; Petitioner requests appointment without bond (Mo. Rev. Stat. § 473.160).
☐ The Will does not waive bond; Petitioner will furnish bond in the amount fixed by the Court (Mo. Rev. Stat. § 473.157).
☐ Petitioner requests the use of a restricted/blocked account in lieu of bond (Mo. Rev. Stat. § 473.160).

Estimated amount of bond, if required: $[________________]

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

a. Admit the Decedent's Last Will and Testament dated [__/__/____] (and any codicil) to probate under Mo. Rev. Stat. §§ 473.050, 473.065;

b. Find that the Decedent died testate and was domiciled in this county;

c. Appoint Petitioner as Executor / Personal Representative pursuant to Mo. Rev. Stat. § 473.110;

d. Issue Letters Testamentary to Petitioner in the form prescribed by Mo. Rev. Stat. § 473.120;

e. Grant ☐ independent ☐ supervised administration as requested;

f. Fix bond, or dispense with bond as directed by the Will (Mo. Rev. Stat. §§ 473.157, 473.160);

g. Direct issuance of the certificate of probate (Mo. Rev. Stat. § 473.080); and

h. Grant such other and further relief as the Court deems just and proper.

11. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], state under penalty of perjury that I have read the foregoing Petition, and that the facts stated in it are true and correct to the best of my knowledge and belief.

Executed on [__/__/____] at [CITY], Missouri.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

12. CERTIFICATE OF SERVICE / NOTICE

Notice of letters and publication. Upon the grant of letters, the Clerk shall cause notice of the grant of letters to be published once a week for four consecutive weeks in a newspaper of general circulation, as required by Mo. Rev. Stat. § 473.033. Known creditors must also be served as provided by statute.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Missouri Bar No.: [________________] (if applicable)
Firm / Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

13. ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicils), lodged with the Clerk (Mo. Rev. Stat. § 473.043)
☐ Self-proving affidavit / certificate under Mo. Rev. Stat. § 474.337 (if applicable)
☐ Application for Letters Testamentary (local form; Mo. Rev. Stat. § 473.017)
☐ Certified copy of Death Certificate
☐ Bond, or written request to waive bond per the Will (Mo. Rev. Stat. §§ 473.157, 473.160)
☐ Proposed Order admitting the Will to probate and granting letters
☐ Proposed Letters Testamentary (Mo. Rev. Stat. § 473.120)
☐ Notice of letters for publication (Mo. Rev. Stat. § 473.033)
☐ Filing fee payment

SOURCES AND REFERENCES

• Mo. Rev. Stat. § 473.010 — Venue: https://revisor.mo.gov/main/OneSection.aspx?section=473.010
• Mo. Rev. Stat. § 473.017 — Application for letters, content: https://revisor.mo.gov/main/OneSection.aspx?section=473.017
• Mo. Rev. Stat. § 473.050 — Presentment of wills, time limited: https://revisor.mo.gov/main/OneSection.aspx?section=473.050
• Mo. Rev. Stat. § 473.065 — Probate of will, when: https://revisor.mo.gov/main/OneSection.aspx?section=473.065
• Mo. Rev. Stat. § 474.337 — Written will self-proved, how: https://revisor.mo.gov/main/OneSection.aspx?section=474.337
• Mo. Rev. Stat. § 473.110 — Persons entitled to letters: https://revisor.mo.gov/main/OneSection.aspx?section=473.110
• Mo. Rev. Stat. §§ 473.157, 473.160 — Bond / bond not required: https://revisor.mo.gov/main/OneSection.aspx?section=473.157
• Mo. Rev. Stat. § 473.033 — Notice of letters, publication: https://revisor.mo.gov/main/OneSection.aspx?section=473.033