473.137. Administrator pending contest, appointed when--duties. - Missouri Statutes

Administrator pending contest, appointed when--duties.

473.137. 1. If the validity of a will is contested by anyperson who, after a hearing in the probate division, is found tobe interested in the probate of the will, the court shall grantletters of administration to the executor named in the will, ifhe has no beneficial interest in the estate save the compensationallowed by law to executors, upon giving bond in such amount asthe court may require.

2. If, after such hearing, it appears that the executornamed in the will has an interest adverse to any such contestantof the will, the court may, in its discretion, grant letters ofadministration to some disinterested person or corporation, whoshall give proper bond.

3. An administrator appointed pursuant to this section shallproceed with the administration of the estate until terminationof the will contest, at which time he shall account to theexecutor or legal administrator when qualified, and, if it shallappear to the court that the decedent died possessed of realestate in the state, the court shall direct him to take charge ofand manage such real estate until the termination of such willcontest.

(RSMo 1939 § 14, A.L. 1955 p. 385 § 68, A.L. 1978 H.B. 1634)

Prior revision: 1929 § 14

Effective 1-2-79