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

470.170. Lands claimed within five years, by whom. — Within five years after judgment has been rendered, any person, other than those who were served with the scire facias, or appeared to the proceedings, their heirs or assigns, may appear and claim lands vested in the state and …

470.180. Petition served on whom. — A copy of this petition shall be served upon the prosecuting attorney of the county, who shall make answer thereto; and the court shall examine the allegations and proofs, and if it appear that the person has a good claim, title or interest in …

470.200. Court may order sale. — Whenever title to any real estate has vested in the state, the circuit court of the county in which such estate is situate shall, upon the application of the prosecuting attorney of said county, order and direct said real estate to be sold; which …

470.210. Proceeds paid into abandoned fund account. — All moneys realized from the sale of any real estate, after paying all costs of such proceedings, and such compensation to the prosecuting attorney as shall be allowed by the court in which such order of sale is made, shall be…

[Repealed or reserved.]

470.270. Money or effects involved in litigation — disposition — unclaimed property, state may bring action to recover, when, exceptions. — After the owner, his or her assignee, personal representative, grantee, heirs, devisees or other successors, entitled to any moneys, refund …

471.010. No sufficient evidence of survivorship. — Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, as determined by a court of competent jurisdiction…

471.020. Survival of beneficiaries. — If property is so disposed of that the right of a beneficiary to succeed to any interest therein is conditional upon his surviving another person, and both persons die, and there is no sufficient evidence that the two have died otherwise than…

471.030. Joint tenants or tenants by entirety. — Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one-half as if one had survived and one-half as if the other …

471.040. Insurance policies. — Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had sur…

471.050. Law not retroactive. — This law shall not apply to the distribution of the property of a person who has died before it takes effect. ­­-------- (L. 1947 V. I p. 13 § 5)

471.060. Law does not apply if decedent provides otherwise. — This law shall not apply in the case of wills, living trusts, deeds or contracts of insurance or any other situation where provision is made for distribution of property different from the provisions of this law, or wh…

471.070. Uniformity of interpretation. — This law shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it. ­­-------- (L. 1947 V. I p. 13 § 7)

471.080. Short title. — This law may be cited as "The Uniform Simultaneous Death Law". ­­-------- (L. 1947 V. I p. 13 § 8)

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…