473.010. Venue. - Missouri Statutes

Venue.

473.010. 1. The will of any decedent shall be probated andletters testamentary or of administration shall be granted:

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

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

(3) If the decedent had no domicile in this state and leftno property therein, in any county in which the granting thereofis 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 commenceduntil final determination of venue in the county where firstcommenced. The proceedings are deemed commenced by the filing ofan application for letters; and the proceedings first legallycommenced extends to all of the property of the estate in thisstate.

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

(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.