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(Rev. 8/2021)
lineal descendants of devisees. Any devisee not living on the date the affidavit is filed shall be
listed with the devisee's date of death. For foreign wills, please see Section 9.30.
References: Form 10620, Form 10621
8.40 Determination of Heirship
8.40.1 Within a Decedent's Estate
When an estate administration is commenced and no heirs are known, the personal representative
must make a diligent effort to locate heirs. This effort includes publishing for unknown heirs. The
personal representative must prepare the proposed publication notice in compliance with § 473.040
and electronically file it with the court. A sample of this notice can be found in Form 10363. If
purported heirs are located, the personal representative may file a petition to determine heirship.
If the personal representative files a petition to determine heirship within the decedent’s estate, the
matter will be designated as an adversary proceeding. See PPM Section 7.40.
Reference: § 473.040, Form 10363
8.40.2 Where No Administration Commenced Within One Year
Where no administration has been commenced within a year of decedent's death, any interested
person may petition to determine the decedent's heirs as to particular property. The Court will
determine the interest of the heirs as of the date of decedent's death, including a person claiming
through an heir who died subsequently to decedent's death.
The petition should show the heirs' proportionate interest in the property, and the petition should
be accompanied by a proposed judgment determining heirship. Upon filing of the petition, the
clerk will generate an order designating the matter as an adversary proceeding. See PPM Section
7.40. The Clerk will generate the publication notice required by § 473.663.3. If publication for
known heirs whose whereabouts are unknown is required by § 472.100, their names will be
included on the publication notice if the attorney has taken appropriate steps in accordance with
Rule 54.12 (c). The attorney is responsible for delivering the publication notice, along with
payment for said publication, to the appropriate legal publication. The attorney must electronically
file the affidavit of publication and any certified mail return receipts (of notices sent by certified
mail) and certificates of mailing no later than seven days prior to the date of the hearing. Please
note that even when the petitioner is the sole heir, publication pursuant to § 473.663.3 is still
required.
Practice Tip: Practitioners should be aware that if there are known heirs with unknown addresses,
the practitioner must file a motion, affidavit, and proposed order for service by publication. The
affidavit must contain sufficient facts regarding the information that is known about the heirs and
the steps taken to locate the heirs, and must be verified by a person with knowledge of those facts.
MO. Rul. Civ. Pro. 54.12 (c); see Metmor Financial, Inc. v. Leggett, 787 S.W.2d 733 (Mo. App.
1989).