Bosworth v. Sewell

PRICE, Judge.

Heirs to an estate appeal the dismissal of their will contest action, claiming the failure of the personal representative to provide them actual notice of the probate of a will precludes the § 473.083.1, RSMo 1994,1 six-month statutory bar. We find the Missouri probate code requires actual notice to heirs of a decedent and failure to give such notice precludes the statutory bar to any heir without knowledge of the administration of the estate while the estate is open. As to appellants Allen and Lomax, we overrule the motion to dismiss, reinstate the will contest, and remand this…