473.070. Heirs, time limits to establish interest in estate--posthumous heirs in gestation, mother has right to file action--time limitations. - Missouri Statutes

Heirs, time limits to establish interest in estate--posthumous heirsin gestation, mother has right to file action--time limitations.

473.070. 1. Any action to establish an interest in an estate bydescent shall be filed prior to the expiration of the applicable objectionperiod for a final settlement pursuant to section 473.590 or for astatement of account pursuant to subsection 4 of section 473.840.

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

(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).