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

474.010. General rules of descent. — All property as to which any decedent dies intestate shall descend and be distributed, subject to the payment of claims, as follows: (1) The surviving spouse shall receive: (a) The entire intestate estate if there is no surviving issue of the …

474.015. Failure to survive decedent by 120 hours deemed predecease of decedent — consequences. — 1. Any person who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intes…

474.020. Lineals take per capita and per stirpes, when. — When several lineal descendants, all of equal degree of consanguinity to the intestate, or his father, mother, brothers and sisters, or his grandfathers, grandmothers, uncles and aunts, or any ancestor living and their chi…

474.030. Partial intestacy. — If part but not all of the estate of a decedent is validly disposed of by will, the part not disposed of by will shall be distributed as provided herein for intestate estates. ­­-------- (L. 1955 p. 385 § 238)

474.040. Collaterals of half blood inherit, how. — When the inheritance is directed to pass to the ascending and collateral kindred of the intestate, if part of the collaterals is of the whole blood of the intestate, and the other part of the half blood only, those of the half bl…

474.050. Posthumous children to inherit. — All posthumous children, or descendants, of the intestate shall inherit in like manner, as if born in the lifetime of the intestate; but no right of inheritance accrues to any person other than the children or descendants of the intestat…

474.060. Determination of relationship of parent and child — adopted person is child of adopting parent, exception — illegitimate child, relationship determined. — 1. If, for purposes of intestate succession, a relationship of parent and child must be established to determine suc…

474.070. Legitimation by marriage. — If a man, having by a woman a child or children, afterward intermarries with her and recognizes the child or children to be his, they are thereby legitimated. ­­-------- (RSMo 1939 § 315, A.L. 1955 p. 385 § 242) Prior revisions: 1929 § 315; 19…

474.080. Issue of void or dissolved marriage, legitimate. — The issue of all marriages deemed null in law, or dissolved by divorce, are legitimate. ­­-------- (RSMo 1939 § 316, A.L. 1955 p. 385 § 243) Prior revisions: 1929 § 316; 1919 § 313; 1909 § 342

474.090. Advancements counted against share, when — evaluation. — If a person dies intestate as to all his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a contemporaneous writing…

474.100. Alienage no bar to descent. — In making title by descent, it is no bar to a demandant that any ancestor through whom he derives his descent from the intestate is or has been an alien. ­­-------- (RSMo 1939 § 313, A.L. 1955 p. 385 § 245) Prior revisions: 1929 § 313; 1919 …

474.110. Curtesy and dower abolished. — The estates of curtesy and dower are hereby abolished, but any such estate now vested is not affected by this code. ­­-------- (L. 1955 p. 385 § 246)

474.120. Inheritance and statutory rights deemed waived, when. — The rights of inheritance or any other statutory rights of a surviving spouse of a decedent who dies intestate shall be deemed to have been waived if prior to, or after, the marriage such intended spouse or spouse b…

474.130. Estate conveyed determines on failure of contractual bar. — When any deed, conveyance, assurance, agreement or contract in lieu of the inheritance or other statutory rights of a spouse, through any default, fails to be a legal bar to such rights and the surviving spouse …

474.140. Inheritance and statutory rights barred on misconduct of spouse. — If any married person voluntarily leaves his or her spouse and goes away and continues with an adulterer or abandons his or her spouse without reasonable cause and continues to live separate and apart fro…

474.150. Gifts in fraud of marital rights — presumptions on conveyances. — 1. Any gift made by a married person, whether dying testate or intestate, in fraud of the marital rights of the surviving spouse to whom the decedent was married at the time of such gift and who may share …

474.155. Contract to make will or devise, revoke or not revoke will or devise, or to die intestate, how established. — A contract to make a will or devise, to revoke or not to revoke a will or devise, or to die intestate, if executed after January 1, 1981, can be established only…

474.160. Election by surviving spouse to take against will, effect. — 1. When a married person dies testate as to any part of his estate, a right of election is given to the surviving spouse solely under the limitations and conditions herein stated: (1) The surviving spouse, upon…

474.163. Valuation of estate, how determined. — 1. For the purposes of section 474.160, the estate consists of all money and property owned by the decedent at his death, reduced by funeral and administration expenses, exempt property, family allowance and enforceable claims, and …

474.170. Notice of right to elect. — The clerk of the court, after the will of a married person is admitted to probate, shall, within one month thereafter, mail by ordinary mail a written notice, directed to the testator's surviving spouse at his last known residence address, inf…

474.180. Time for making of election. — The election by a surviving spouse to take the share herein provided may be made at any time within ten days after the expiration of the time limited for contesting the will of decedent, except that if, at the expiration of the period for m…

474.190. Form of election, filing. — The election to take the share hereinbefore provided shall be in writing, signed and acknowledged by the surviving spouse or by the guardian ad litem or conservator of his estate and shall be filed in the office of the clerk of the court. It m…

474.200. Right of election personal to surviving spouse. — The right of election of the surviving spouse is personal to him. It is not transferable and cannot be exercised after his death; but if the surviving spouse is disabled or a minor, his guardian ad litem or conservator ma…

474.220. Waiver of right to elect. — The right of election of a surviving spouse hereinbefore given may be waived before or after marriage by a written contract, agreement or waiver signed by the party waiving the right of election, after full disclosure of the nature and extent …

474.230. Effect of failure to elect to take against will. — When a surviving spouse makes no election to take against the will, he shall receive the benefit of all provisions in his favor in the will, if any, and shall share as heir, in accordance with the provisions of sections …

474.235. Share of omitted spouse. — 1. If a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he would have received if the decedent left no will, unle…

474.240. Share of omitted children, how determined. — 1. If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child receives a share in the estate equal in value to that which he would have received if the…

474.250. Exempt property of surviving spouse or minor children. — The surviving spouse, or unmarried minor children of a decedent are entitled absolutely to the following property of the estate without regard to its value: The family bible and other books, one automobile or other…

474.260. One year support allowance, property in lieu thereof — allowance exempt from all claims. — 1. In addition to the right to homestead allowance and exempt property, the decedent's surviving spouse and minor children whom the decedent was obligated to support and the childr…

474.270. Exempt property applied for, when. — The surviving spouse or other custodian of unmarried minor children shall apply for the property named in section 474.250 before the same is distributed or sold, but the property so delivered shall in no case be liable for the payment…

474.280. Proceeds of sale of exempt property paid over, when. — If the surviving spouse or unmarried minor children do not receive the property allowed him or them under section 474.250 and the same is sold by the executor or administrator, the court shall order the money to be p…

474.290. Homestead allowance — partition of real estate selected, procedure — waiver. — 1. At any time after the return of the inventory, the court, on application of the surviving spouse or of the guardian, conservator, or person having custody of the persons of the unmarried mi…

474.293. Provision of family allowance by independent personal representative — limitations — relief by court. — An independent personal representative may, without court direction, authorization or approval, make any determination, finding, authorization, allowance, conveyance, …

474.300. Effect of death of spouse or child or marriage of minor on family and homestead allowances. — Death of a surviving spouse within the one year period for which the allowance is provided under section 474.260, for his maintenance, shall not affect the right of the survivin…

474.310. Who may make will. — Any person of sound mind, eighteen years of age or older or any minor emancipated by adjudication, marriage or entry into active military duty into the military may by last will devise his or her real or personal property and may also devise the whol…

474.320. Will form, execution, attestation. — Every will shall be in writing, signed by the testator, or by some person, by his direction, in his presence; and shall be attested by two or more competent witnesses subscribing their names to the will in the presence of the testator…

474.330. Who may witness will — effect of interest in will. — 1. Any person competent to be a witness generally in this state may act as attesting witness to a will. 2. No will is invalidated because attested by an interested witness; but any interested witness shall, unless the …

474.333. Will may provide for disposal of personal property by separate list. — A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, docum…

474.337. Written will self-proved, how. — 1. A written will may at the time of its execution, or at any subsequent date, be made self-proved, by the acknowledgment thereof by the testator and the witnesses, each made before an officer authorized to administer oaths under the laws…

474.340. Nuncupative wills. — 1. A nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril, and must be: (1) Declared to be his will by the testato…

474.350. Revocation of nuncupative will. — A nuncupative will or any part thereof can be revoked by another nuncupative will. ­­-------- (L. 1955 p. 385 § 264)

474.360. Written will valid if executed in compliance with law. — A written will is valid if executed in compliance with: (1) The laws of this state; (2) The laws, as of the time of execution, of the place where the will is executed; or (3) The laws of the place where, at the tim…

474.370. Foreign wills, recorded when, evidence. — Authenticated copies of wills, probated in another state, and the probate thereof, shall be recorded in the same manner as wills executed and proved in this state, and shall be admitted in evidence in the same manner and with lik…

474.380. Probate of foreign wills. — Any will admitted to probate in any state, territory or district of the United States, together with the order admitting the same to probate therein, authenticated according to act of congress, shall be admitted to probate in this state in any…

474.382. Wills and trusts, English translation required, costs. — All wills and estates shall have an official English translation to ensure the accurate execution of such documents. If no such translation is provided at the time of probate, the court with jurisdiction shall make…

474.390. Contest of foreign will. — Any will admitted to probate or recorded under section 474.380 thereafter may be contested and annulled, within the same time, and in the same manner, as wills executed and proved in this state. ­­-------- (RSMo 1939 § 554, A.L. 1955 p. 385 § 2…

474.395. No-contest clauses, application of, petition may be filed — definition. — 1. If a will contains a no-contest clause, an interested person may file a petition with the court for a determination whether a particular motion, petition, action, or other claim for relief by th…

474.400. Revocation of wills. — No will in writing, except in the cases herein mentioned, nor any part thereof, shall be revoked, except by a subsequent will in writing, or by burning, cancelling, tearing or obliterating the same, by the testator, or in his presence, and by his c…

474.410. Revocation of subsequent will also revokes first will — exception. — 1. If a second will, which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under section 474.400, the first will is revoked in w…

474.420. Change in circumstances — divorce. — If after making a will the testator is divorced, all provisions in the will in favor of the testator's spouse so divorced are thereby revoked but the effect of the revocation shall be the same as if the divorced spouse had died at the…