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

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…

472.490. Severability clause. — If any provision of sections 472.400 to 472.490 or the application of such sections to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of sections 472.400 to 472.490 which can be given effe…

473.010. Venue. — 1. The will of any decedent shall be probated and letters testamentary or of administration shall be granted: (1) In the county in which the domicile of the deceased is situated; (2) If he had no domicile in this state then in any county wherein he left any prop…

473.013. Character of proceeding — jurisdiction of court. — The administration of the estate of a decedent from the filing of the application for letters testamentary or of administration until the decree of final distribution and the discharge of the last personal representative…

473.017. Application for letters — content. — 1. An application for letters testamentary or of administration shall state all of the following: (1) The name, age, sex, domicile, last residence address and the fact and date of death of the decedent; (2) The names, relationship to …

473.020. If no application filed, others may request administration or probate — petition, form, contents — hearing, notice, orders. — 1. If no application for letters testamentary or of administration is filed by a person entitled to such letters pursuant to section 473.110 with…

473.023. Court or clerk to grant letters. — The probate division of the circuit court, or the clerk thereof, subject to modification or revocation by the court, shall grant letters testamentary and of administration. ­­-------- (RSMo 1939 § 1, A.L. 1955 p. 385 § 33, A.L. 1978 H.B…

473.030. Request for special notice of hearings. — At any time after the issuance of letters, any person interested in the estate, in person or by attorney, may serve upon the executor or administrator, or upon his attorney, and file with the clerk of the court where the proceedi…

473.033. Notice of letters — duty of clerk — publication — form. — The clerk, as soon as letters testamentary or of administration are issued, shall cause to be published in some newspaper a notice of the appointment of the personal representative, in which shall be included a no…

473.037. Successor need not publish notice, when. — If notice is given of the first letters granted on an estate in accordance with section 473.033, no notice of letters thereafter granted to a successor executor or administrator is required. ­­-------- (RSMo 1939 § 79, A.L. 1955…

473.040. Notice where there are no known heirs. — When an intestate has left no known heirs, the clerk shall also publish a notice, once a week for six consecutive weeks in at least two newspapers, published in the places designated by the court, containing the name of the intest…

473.043. Will of decedent, where delivered — wills found in safe deposit boxes, how delivered — refusal to deliver, how handled. — 1. After the death of the testator, the person having custody of his will shall deliver it to the probate division of the circuit court which has jur…

473.047. Certificate of probate or rejection. — When any will is exhibited to be proven the judge or clerk may immediately receive the proof and grant a certificate of probate, or, if the will is rejected, grant a certificate of rejection. ­­-------- (RSMo 1939 § 532, A.L. 1955 p…

473.050. Wills, presentment for probate, time limited — presented, defined. — 1. A will, to be effective as a will, must be presented for and admitted to probate. 2. When used in chapter 472, chapter 474, chapter 475, and this chapter, the term "presented" means: (1) Either the d…

473.053. Testimony of subscribing witnesses, other evidence. — 1. At least two of the subscribing witnesses to a written will shall be examined if they are alive and competent to testify and otherwise available. Before any will is probated each of at least two witnesses thereto s…

473.057. Commission for testimony of nonattendant witness. — If a witness to any will for good cause shown is prevented from attending at the time when any will is produced for probate, the clerk or court may issue a commission annexed to the will or a photostatic copy thereof, a…

473.060. Testimony before officer, effect. — If the witness appears before such officer and makes oath or affirmation that the testator signed the writing annexed to the commission, as his last will, or that the testator signed the writing, of which the photostatic copy annexed t…

473.063. Testimony to be recorded — record as evidence. — 1. All the testimony adduced in support of any will shall be reduced to writing, signed by the witnesses and certified by the clerk. 2. The record of the testimony of any witness so certified is admissible in evidence in a…

473.065. Probate of will, when — procedure for contest. — 1. A will which appears to have the required signatures and a certificate as provided in section 474.337, showing that the requirements of execution under section 474.320 have been met, shall be probated without further pr…

473.067. Proof of nuncupative wills. — Proof of nuncupative wills is subject to the requirements of section 474.340. ­­-------- (L. 1955 p. 385 § 47)

473.070. Heirs, time limits to establish interest in estate — posthumous heirs in gestation, mother has right to file action — time limitations. — 1. Any action to establish an interest in an estate by descent shall be filed prior to the expiration of the applicable objection per…

473.073. Proof required for probate and grant of administration. — 1. On the presentation and proof of a will to the clerk or court, if the clerk or court finds that the testator is dead and that the will was executed in all respects according to law, and does not find that the w…

473.077. Proceedings reopened, when. — If the court determines the facts as provided in section 473.073, its order shall be final, subject to the following exceptions: (1) It may be reopened at any time, within six months from the date of the first publication of notice of letter…

473.080. Certificate of probate, contents — evidence. — The certificate of probate or rejection granted under section 473.047 shall be attached to each written will which is in the custody of the court. Such certificate shall set forth the names of the witnesses examined together…

473.081. Probate of portion of will. — When part of a will is not admissible to probate because of fraud, duress, undue influence, mistake, ignorance of the testator of its content, partial revocation, or other cause, the other parts of the will may be admitted to probate under s…

473.083. Will binding, when — contest of will, when, procedure. — 1. Unless any person interested in the probate of a will appears within six months after the date of the probate or rejection thereof by the probate division of the circuit court, or within six months after the fir…

473.084. Compromise of controversy as to probate, when binding. — A compromise of any controversy as to admission to probate of any instrument offered for probate as the will of a decedent, the construction, validity, or effect of any probated will, the rights or interest in the …

473.085. Court approval of compromise, procedure for securing. — The procedure for securing court approval of a compromise is as follows: (1) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents act…

473.087. Will not effective until probated. — No will is effectual for the purpose of proving title to, or the right to the possession of, any real or personal property, disposed of by the will, until it has been admitted to probate. ­­-------- (L. 1955 p. 385 § 53)

473.090. Refusal of letters. — 1. Notwithstanding the limitation periods provided in section 473.050, the probate division of the circuit court, in its discretion, may at any time refuse to grant letters in the following cases: (1) When the estate of the decedent is not greater i…

473.091. Clerk's duties as to certain forms — not practice of law. — Upon request to the judge of the probate division of the circuit court, clerks of the court may under his supervision assist in filling out all forms necessary for obtaining an order of refusal of letters of adm…

473.092. Court may order administration previously commenced pursuant to guardianship law, dispensed with, when. — At any time during a proceeding commenced pursuant to this chapter, or, after the death of a ward, at any time during a proceeding commenced pursuant to chapter 475,…

473.095. Apportionment of property between surviving spouse and children. — In cases arising under sections 473.090 and 473.093, the court, if it finds that it would be just and equitable to make an apportionment of property between a surviving spouse and unmarried minor children…

473.097. Small estate — distribution of assets without letters, when — affidavit — procedure — fee. — 1. Distributees of an estate which consists of personal property or real property or both personal and real property have a defeasible right to the personal property, and are ent…

473.100. Effect of acquittances by distributees of small estate. — The person making payment, delivery, transfer or issuance of personal property or evidence thereof pursuant to the affidavit prescribed in section 473.097 is discharged and released to the same extent as if made t…

473.107. Small estate appraised, when. — The probate division of the circuit court in its discretion may order the appraisal of the property before a certificate is made under section 473.097 or before an order refusing letters is made under section 473.090. The appraisal shall b…

473.110. Persons entitled to letters. — 1. Letters testamentary shall be granted to the personal representative or personal representatives designated in the will. If part of the persons designated in the will are found by the court to be incompetent, unsuitable or improper or ar…