473.077. Proceedings reopened, when. - Missouri Statutes

Proceedings reopened, when.

473.077. If the court determines the facts as provided insection 473.073, its order shall be final, subject to thefollowing exceptions:

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

(2) It may be vacated or modified for good cause as providedin section 472.150, RSMo;

(3) The finding that the alleged decedent is dead is notfinal or conclusive.

(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.