Title XXXI — TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

472.005. Application, when — effect on pending proceedings and rights. — This act* shall apply to the estates of persons whose deaths occur on or after January 1, 1981. The procedures herein prescribed shall govern all proceedings in probate then pending, except to the extent tha…

472.010. Definitions. — When used in this code, unless otherwise apparent from the context: (1) "Administrator" includes any administrator de bonis non, administrator cum testamento annexo, administrator ad litem and administrator during absence or minority; (2) "Child" includes …

472.013. Fraud under probate code — remedy — procedure. — Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code, or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereb…

472.020. Jurisdiction of probate division of circuit court. — The probate division of the circuit court may hear and determine all matters pertaining to probate business, to granting letters testamentary and of administration, the appointment of guardians and conservators of mino…

472.025. State may be party to proceedings — service. — Proceedings may be conducted under section 473.083 or any other section of chapters 472 and 473 when the state of Missouri or any department or agency thereof is a necessary or proper party defendant or interested therein, d…

472.030. Powers of court — executions, when returnable — service of process. — The probate division of the circuit court has the same legal and equitable powers to effectuate and to enforce its orders, judgments and decrees in probate matters as circuit judges have in other matte…

472.040. Costs. — In all suits and other proceedings in the probate division of the circuit court, the party prevailing shall recover his costs against the other party, except in those cases in which a different provision is made by law. Whenever costs are given against executors…

472.050. Court open, when — sessions — time for acts. — The court shall be open for the transaction of probate business at all reasonable hours. The judge of the probate division of circuit court may by order provide for the holding of sessions of the court at regular recurring t…

472.060. Disqualification of judge. — No judge of probate shall sit in a case in which the judge is interested, or in which the judge is biased or prejudiced against any interested party, or in which the judge has been counsel or a material witness, or when the judge is related t…

472.070. Powers of clerk. — 1. The clerk of the probate division may take acknowledgments, administer oaths, and certify and authenticate copies of instruments, documents and records of the court, and perform the usual functions of his office. 2. Subject to control of the judge o…

472.075. Clerk and certain personnel of probate division to be appointed by judge (St. Louis City). — The clerk and other nonjudicial personnel of the probate division of circuit courts of any city not within a county shall be appointed by the judge of the probate division with t…

472.080. Documents filed with court, form — content. — 1. Except as otherwise specifically provided in this code or by supreme court rule, every document filed with the court under this code, including but not limited to applications, petitions, claims, and demands for notice, sh…

472.090. Objections to petition, form. — Any interested person, on or before the day set for hearing, may file written objections to a petition previously filed, and, upon special order or general rule of the court, objections to a petition shall be filed in writing as a prerequi…

472.100. Notice — court may require — how delivered. — 1. No notice to interested persons need be given except as specifically provided for in this code or as ordered by the court. When no notice is required by this code, the court may require such notice as it deems desirable by…

472.110. Proof of service. — Proof of service in all cases requiring notice whether by publication, mailing or otherwise, shall be filed before the hearing. Service made by a private person shall be proved by the affidavit of the person or by acknowledgment of service; service ma…

472.120. Amendment of proof of service. — At any time in its discretion and upon such terms as it deems just, the court may allow any process, return or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial right…

472.130. Waiver of notice. — Any person legally competent may in person or by attorney waive in writing any notice required by this code or by rule or order of court. A personal representative may make waiver either in person or by attorney. A guardian of the estate, conservator,…

472.135. Waiver of legal requirements, when — limitation on waiver. — Any heir, devisee, or the guardian or conservator of any heir or devisee under disability then interested in the estate may waive, in writing, any requirement imposed upon the personal representative by the pro…

472.140. Record kept — adversary probate proceeding defined. — 1. A record shall be kept in any adversary probate proceeding in a probate division of the circuit court. At the discretion of the judge, but in compliance with the rules of the supreme court, the record may be a sten…

472.141. Proceedings to be conducted in accordance with rules of procedure — order after action commenced. — 1. An adversary probate proceeding shall be governed by the civil code of Missouri and the rules of civil procedure; except that: (1) Where the probate code or any other s…

472.150. Vacation and modification of judgments. — For good cause, before the expiration of the period allowed for appeal after the order of final distribution of the administration of the estate of a decedent or ward, the court may vacate or modify its orders, judgments and decr…

472.160. Appeal — when — grounds for. — 1. Any interested person aggrieved thereby may appeal to the appropriate appellate court from the order, judgment or decree of the probate division of the circuit court in any of the following cases: (1) On the allowance of any claim agains…

472.170. Appeals from orders as to mental condition — procedure — operates as supersedeas, when — appointment of guardian — review. — 1. Appeals shall be allowed from the probate division of the circuit court to the appropriate appellate court in any case in which a final adjudic…

472.180. Time for appeal. — All appeals shall be taken within the time prescribed by the rules of civil procedure relating to appeals. ­­-------- (RSMo 1939 § 285, A.L. 1955 p. 385 § 21, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 286; 1919 § 283; 1909 § 290 Effective 1-02-79…

472.190. Appeals stayed or consolidated, when. — When an appeal is taken from any appealable order, judgment or decree in the administration of a decedent's estate, made prior to the decree of final settlement and distribution, the probate division of the circuit court, in its di…

472.210. Appeals, procedure. — Appeals shall be taken in accordance with the rules of civil procedure relating to appeals. ­­-------- (RSMo 1939 § 286, A.L. 1955 p. 385 § 22, A.L. 1965 p. 633, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 287; 1919 § 284; 1909 § 291 Effective 1-02…

472.280. Records of probate division of circuit court — may be kept by means other than bound volumes — reading equipment, index to be provided. — 1. The court shall keep the following: (1) An index in which files, pertaining to estates of deceased persons, shall be indexed under…

472.290. Rules of evidence to apply — exceptions — specific rules. — In proceedings under this code the rules of evidence in circuit courts, including any relating to simultaneous deaths, are applicable unless specifically displaced by the code. In addition, the following rules r…

472.300. Proceedings involving trusts — estates — minors — disabled or incapacitated persons — supervised settlements, procedure. — In judicial proceedings involving trusts or estates of decedents, minors, disabled and incapacitated persons, and in judicially supervised settlemen…

472.320. Independent administration of decedents' estates — application of probate code. — The relevant provisions of chapters 472 through 474 apply to independent administration of decedents' estates to the extent that they are not inconsistent with sections 473.780 to 473.843 a…

472.330. Approval of act or transaction in best interests of estate. — Notwithstanding any other provision of this chapter, chapter 473, chapter 474, and chapter 475 to the contrary, upon a finding that an act or transaction was or is in the best interest of the estate, the court…

472.335. Power of court to confirm and validate acts — acts included. — The power of the court to approve, ratify, confirm and validate acts or transactions entered into by a personal representative of the estate without court authorization includes, without limitation, retention…

472.400. Citation of law. — Sections 472.400 to 472.490 shall be known and may be cited as the "Missouri Fiduciary Access to Digital Assets Act". ­­-------- (L. 2018 H.B. 1250)

472.405. Definitions. — As used in sections 472.400 to 472.490, the following terms mean: (1) "Access", includes view, marshal, manage, copy, distribute, or delete; (2) "Account", an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes…

472.410. Applicability. — 1. Sections 472.400 to 472.490 shall apply to: (1) A fiduciary or agent acting under a will or power of attorney executed before, on, or after August 28, 2018; (2) A personal representative acting for a decedent who dies before, on, or after August 28, 2…

472.415. Disclosure of digital assets, use of online tool to direct custodian — use of will, trust, power of attorney to give direction. — 1. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's d…

472.420. Terms-of-service agreement, act not to change or impair access — act does not confer expanded rights — effect of federal law. — 1. Sections 472.400 to 472.490 shall not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use…

472.425. Authority of custodian — assessment of cost — partial disclosure, authority of custodian — undue burden, court order. — 1. When disclosing digital assets of a user under sections 472.400 to 472.490, the custodian may at its sole discretion: (1) Grant a fiduciary or desig…

472.430. Disclosure to personal representative of user's estate, when. — If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the …

472.435. Catalogue of electronic communications disclosed to personal representative, when. — Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catal…

472.440. Disclosure to agent, when. — To the extent a power of attorney expressly grants an agent authority over the content of an electronic communication sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to…

472.445. Catalogue of electronic communications, disclosure to agent, when. — Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general author…

472.450. Disclosures to trustee. — Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of th…

472.455. Content of electronic communication, disclosure to trustee, when. — Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic commun…

472.460. Catalogue of electronic communications, disclosure to trustee, when. — Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic comm…

472.465. Conservator access, opportunity for hearing — disclosures to conservator, when. — 1. After an opportunity for a hearing under Missouri conservatorship law, the court may grant a conservator access to the digital assets of a protected person. 2. Unless otherwise ordered b…

472.470. Fiduciary, legal duties — authority over user's digital assets and property — request to terminate user's account. — 1. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) The duty of c…

472.475. Time period to comply with disclosure requests — denial of request — court order for disclosure or termination — immunity from liability, when. — 1. Not later than sixty days after receipt of the information required under sections 472.430 to 472.470, a custodian shall c…

472.480. Construction of act, considerations. — In applying and construing sections 472.400 to 472.490, consideration may be given to the need to promote uniformity of the law with respect to its subject matter among states that enact similar provisions. ­­-------- (L. 2018 H.B. …

472.485. Certain federal laws, act's impact on. — Sections 472.400 to 472.490 modify, limit, or supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but do not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. S…