Probate: Distribution of Estate Property-Appointment of Personal Representative

Plaintiff appealed the probate judgment and order directing distribution of her husband’s estate property despite her objections. Plaintiff argued that the trial court lacked authority to appoint the personal representative and should have instead appointed the public administrator as requested by plaintiff and that the trial court erroneously denied her surviving-spouse claims.

Where it was not necessary for letters of administration to be applied within a year of decedent’s death and where wife failed to object to evidence that she had abandoned husband and therefore her surviving-spouse claims, the trial court properly granted the personal representative’s distribution of property.

Judgment is affirmed.

Harris v. Davis (MLW No. 74095/Case No. SD35908 & SD35971 – 6 pages) (Missouri Court of Appeals, Southern District, Scott, J.) Appealed from circuit court, Phelps County, White, J. and Clayton, J.