Section 3.12 Court or Clerk to Grant Letters

• Library: Estate Administration 2014 Supp

F. (§3.12) Court or Clerk to Grant Letters

“The probate division of the circuit court, or the clerk thereof, subject to modification or revocation by the court, shall grant letters testamentary and of administration.” Section 473.023, RSMo 2000.

Appeals from orders of the probate court must be taken within ten days after the judgment or order appealed from becomes final. Section 472.180, RSMo 2000. Most orders issued during administration are interlocutory and not subject to appeal until conclusion of the administration; however, § 472.160.1, RSMo 2000, provides that orders regarding the allowance of claims, regarding apportionment, revoking letters, and allowing for expenses of administration, as well as any orders denying any of the foregoing actions, are final for purposes of appeal. Thus, an order refusing to set aside letters testamentary is final for purposes of appeal. In re Estate of Standley, 204 S.W.3d 745 (Mo. App. S.D. 2006).

The orders, judgments, and decrees of the...