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

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…

474.425. Property given by testator during life treated as satisfaction of devise, when — valuation. — Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part only if the will provides for deduction of…

474.430. Court to conform to directions of will. — All courts and others concerned in the execution of last wills shall have due regard to the directions of the will, and the true intent and meaning of the testator, in all matters brought before them. ­­-------- (RSMo 1939 § 568,…

474.435. Class gift terminology includes certain persons and relationships, how determined. — Halfbloods, adopted persons and persons born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for pu…

474.440. Bond to convey does not revoke devise. — A bond, covenant or agreement made for a valuable consideration, by a testator, to convey any property devised or bequeathed in any last will previously made, does not constitute a revocation of the previous devise or bequest, eit…

474.450. Encumbrance does not revoke devise — exoneration, when. — 1. A charge or encumbrance upon any real or personal property, for the purpose of securing the payment of money or the performance of any covenant or agreement, is not deemed a revocation of any will, relating to …

474.455. Devisee who does not survive testator by 120 hours treated as predeceasing testator — exceptions. — A devisee who does not survive the testator by one hundred twenty hours is treated as if he predeceased the testator, unless the will of decedent contains some language de…

474.460. Testator surviving devisee, effect. — When any estate is devised to any child, grandchild or other relative of the testator, and the devisee dies before the testator, or is treated as if he predeceased the testator, leaving lineal descendants who survive the testator by …

474.463. Exchange of securities not to adeem specific legacy. — An exchange of corporate stock, or of bonds, promissory notes or other securities, for other stock, bonds, promissory notes or securities of the same corporation or obligor or its successor does not adeem a specific …

474.465. Failure of devise to become part of residue. — 1. Except as provided in section 474.460, if a devise, other than a residuary devise, fails for any reason, it becomes a part of the residue. 2. Except as provided in section 474.460, if the residue is devised to two or more…

474.470. Rule in Shelley's case abolished, effect. — Where under a will a remainder is devised which is limited to the heirs, or heirs of the body of a person to whom a life estate in the same premises is devised, the persons who, on the termination of the life estate, are the he…

474.480. Devise deemed to convey fee simple, when. — In all devises of lands or other estate in this state, in which the words "heirs and assigns", or "heirs and assigns forever", are omitted, and no expressions are contained in the will whereby it appears that the devise was int…

474.500. Wills of land to be recorded, where. — In all cases where lands are devised by last will, a copy of such will shall be recorded in the recorder's office in the county where the land is situated, and if the lands are situated in different counties, then a copy of such wil…

474.510. Deposit of will in court in testator's lifetime. — 1. A will may be deposited by the person making it, or by such person's agent, with the probate division of any circuit court, to be safely kept until delivered or disposed of as hereinafter provided. The clerk of the co…

474.520. Construction of will. — The court in which a will is probated shall have jurisdiction to construe it at any time during the administration. Such construction may be made on the petition of the executor or administrator or of any other person interested in the will; or, i…

474.530. Wills heretofore probated, effect — evidence. — All wills heretofore proved and admitted to probate, not afterward rejected by the court, the records of the court not showing approval of such acceptance and probate during a regular session by the court, and which have be…

474.540. Citation of law. — The provisions of sections 474.540 to 474.564 shall be known and may be cited as the "Missouri Electronic Wills and Electronic Estate Planning Documents Act". ­­-------- (L. 2025 H.B. 754)

474.542. Definitions. — As used in sections 474.540 to 474.564, the following terms mean: (1) "Electronic", technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (2) "Electronic presence", the relationship of two or more ind…

474.544. Electronic will valid as a will for all purposes. — An electronic will shall be a will for all purposes of the laws of this state. The provisions of law applicable to wills and principles of equity shall apply to an electronic will, except as modified by sections 474.540…

474.546. Electronically executed will is an electronic will, when. — A will executed electronically, but not in compliance with subsection 1 of section 474.548, shall be an electronic will under the provisions of sections 474.540 to 474.564 if executed in compliance with the law …

474.548. Electronic will requirements. — 1. An electronic will shall be: (1) A record that is readable as text at the time of signing as provided in subdivision (2) of this subsection and remains accessible as text for later reference; (2) Signed by: (a) The testator; or (b) Anot…

474.550. Self-proved electronic will, requirements — form and content. — At the time of its execution or at any subsequent date, an electronic will may be made self-proved in the same manner as specified in section 474.337 or, if fewer than two witnesses are physically present in…

474.552. Revocation of a previous will, when — presumption of revocation, when. — 1. An electronic will may revoke all or part of a previous will. 2. All or part of an electronic will shall be revoked by: (1) A subsequent will that revokes all or part of the electronic will expre…

474.554. Disclosure of digital assets to obtain electronic will, when. — Without further notice, at any time during the administration of the estate or, if there is no grant of administration, upon such notice and in such manner as the court directs, the court may issue an order …

474.556. Certified paper copy of electronic will. — 1. An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. If the electr…

474.558. Need to promote uniformity of law, consideration given to. — In applying and construing the provisions of sections 474.540 to 474.564, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact sim…

474.560. Estate planning documents, electronic execution of — procedure. — 1. Any written estate planning document may be executed electronically, and no such estate planning document shall be invalid or void solely because it is in electronic form or because it is signed electro…

474.562. Federal acts, effect on. — The provisions of sections 474.540 to 474.564 modify, limit, and supersede the federal 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…

474.564. Applicability of act, when. — The provisions of sections 474.540 to 474.564 shall apply to any will of a decedent who dies on or after August 28, 2025, and to each written estate planning document, as that term is defined in section 474.560, signed or remotely witnessed …

474.600. Estate planning document, execution of — definitions — requirements — acknowledgment, form and content. — 1. As used in this section, the following terms mean: (1) "Applicable state of emergency", the period between April 6, 2020, and December 31, 2021, during which a st…

475.010. Definitions. — When used in this chapter, unless otherwise apparent from the context, the following terms mean: (1) "Adult", a person who has reached the age of eighteen years; (2) "Claims", liabilities of the protectee arising in contract, in tort or otherwise, before o…

475.011. Preference for spiritual healing not evidence of incapacity. — Nothing in this chapter shall be construed to constitute evidence of incapacity or partial incapacity of a person solely because such person refuses medical treatment upon the grounds that such person has con…

475.015. Relationship of guardianship provisions to uniform veterans' guardianship law — powers of Veterans' Administration. — 1. Sections 475.380 to 475.480, known as the "Uniform Veterans' Guardianship Act", do not apply to a guardianship proceeding, whether or not the ward is …

475.016. Persons adjudged incompetent prior to September 28, 1983 — review — effect on prior appointed guardians — one year to meet new reporting requirements. — 1. If there has been an adjudication of incompetency before September 28, 1983, any person so adjudicated shall be dee…

475.020. Applicability of provisions of probate code to guardianship. — The provisions of chapter 472, unless therein restricted to decedents' estates, apply to guardianships and conservatorships. Where sections in chapter 473 are specifically incorporated by reference by any pro…

475.025. Rights of parents as natural guardians of minors. — In all cases not otherwise provided for by law, the father and mother, with equal powers, rights and duties, while living, and in case of the death of either parent the survivor, or when there is no lawful father, then …

475.030. Letters of guardianship and conservatorship issued, when. — 1. Letters of guardianship of the person may be granted for any person adjudged incapacitated. Letters of conservatorship of the estate may be granted for any person adjudged to be disabled. 2. Letters of conser…

475.035. Venue. — 1. The venue for the appointment of a guardian or conservator shall be: (1) In the county in this state where the minor or alleged incapacitated or disabled person is domiciled. Domicile for a minor is the domicile of the custodial parent, custodial parents, or …

475.040. Change of venue. — If it appears to the court, acting on the petition of the guardian, the conservator, the respondent or of a ward over the age of fourteen, or on its own motion, at any time before the termination of the guardianship or conservatorship, that the proceed…

475.045. Who may be appointed guardian of minor. — 1. Except in cases where they fail or refuse to give required security or are adjudged unfit for the duties of guardianship or conservatorship, or waive their rights to be appointed, the following persons, if otherwise qualified,…

475.046. Standby guardian permitted, when — appointment procedure — authority effective, when. — 1. A custodial parent may designate a person to act as standby guardian of a minor or incapacitated person by a will that complies with the requirements of section 474.320 or by a sep…

475.050. Appointment of guardian or conservator of disabled or incapacitated persons — order of priority. — 1. Before appointing any other eligible person as guardian of an incapacitated person, or conservator of a disabled person, the court shall consider the suitability of appo…

475.055. Qualifications of guardians or conservators. — 1. Except as herein otherwise provided: (1) Any adult person may be appointed guardian of the person or conservator of the estate, or both, of a minor or incapacitated or disabled person, except that a parent shall not be de…

475.060. Application for guardianship — petition for guardianship requirements — incapacitated persons, petition requirements. — 1. Any person may file a petition for the appointment of himself or herself or some other qualified person as guardian of a minor. Such petition shall …