Effective - 28 Aug 2004   456.001. Bequests or transfer to spouse, valuation of.  1. If an instrument providing for a pecuniary bequest or transfer to or for the benefit of the spouse of the testator or transferor requires or permits the satisfaction of such bequest or transfer wholly or partly by the distribution of property valued at some date or on some basis other than its fair market value at the time of distribution, and does not require that such bequest or transfer be satisfied by the distribution of assets, including cash, having an aggregate fair market value on the date or dates of distribution amounting to no less than the amount of such bequest or transfer, then in such case, the provisions of the instrument notwithstanding, any property distributed in satisfaction of such bequest or transfer shall have an aggregate fair market value on the date of distribution fairly reflecting the distributee's proportionate share of the appreciation or depreciation in value to the date of distribution of all property then available for distribution.  2. If, in any instrument which provides for a pecuniary bequest or transfer, the personal representative or trustee is empowered to satisfy such bequest or transfer by distribution of property in kind, and the instrument is silent as to the value to be given to property distributed in kind, any property distributed in satisfaction of the bequest or transfer shall be valued at the fair market value thereof on the date of distribution.  3. The phrase "pecuniary bequest or transfer", as used in this section, means a bequest or transfer either in a stated amount or in an amount determined by the use of a formula.  4. This section shall be effective with respect to wills and revocable inter vivos trusts executed or created before or after October 13, 1969, by persons who die on or after said date, and to irrevocable inter vivos trusts which are created on or after October 13, 1969. -------- (L. 1969 S.B. 90  1, 2, 3, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.015 
Effective - 28 Aug 2004   456.003. Absence of active duties not to curtail powers of trustee.  When the terms of an instrument creating a trust manifest intention that the trustee shall have the legal fee simple in land, the full legal ownership of an estate for years, or the absolute legal ownership of chattels personal, investment securities or choses in action, an exercise by the trustee or a successor trustee of an express or implied power of sale, mortgage, leasing, improvement or conducting any other transaction incident to the administration of the trust, shall bind the fee simple, term of years or absolute ownership notwithstanding the execution of a future interest under the trust into a legal estate or interest by the operation of the Statute of Uses, or former section 456.003, or a judicial doctrine imposing such execution on dry or passive trusts. -------- (RSMo 1939  3493, A.L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Prior revisions: 1929  3103; 1919  2262; 1909  2867  Transferred 2004; formerly 456.020 
Effective - 28 Aug 2004   456.005. Life insurance trusts.  Proceeds of life insurance policies heretofore made payable to a trustee or trustees named as beneficiary or hereafter to be named beneficiary under an inter vivos trust shall be paid directly to the trustee or trustees and held and disposed of by the trustee or trustees as provided in the trust agreement or declaration of trust in writing made and in existence on the date of death of the insured, whether or not such trust or declaration of trust is amendable or revocable or both, or whether it may have been amended, and notwithstanding the reservation of any or all rights of ownership under the insurance policy or annuity contract; subject, however, to a valid assignment of any part of the proceeds. It is not necessary to the validity of such trust agreement or declaration of trust that it be funded or have a corpus other than the right, which need not be irrevocable, of the trustee or trustees named therein to receive such proceeds as beneficiary. A policy of life insurance or annuity contract may designate as beneficiary a trustee or trustees named or to be named by will if the designation is made in accordance with the provisions of the policy or contract whether or not the will is in existence at the time of the designation. -------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.030.
Effective - 28 Aug 2018   456.006. Health savings account, trust may be created, when.  1. Where a trust or custodial account constitutes a health savings account, as defined under 26 U.S.C. Section 223(d)(1)*, a trust may be created by any of the following:  (1) A transfer of moneys to the trustee or custodian holding such trust or custodial account;  (2) The documentation of the creation of such trust or custodial account in the records of the trustee or custodian holding such trust or custodial account; or  (3) The execution of a trust or custodial agreement with respect to such trust or custodial account.  2. In any case, a trust or custodial account shall be deemed to have been established on the first day on which the individual who is the beneficiary of such trust or custodial account is an eligible individual, as defined under 26 U.S.C. Section 223(c)(1), in that calendar year in which such trust or custodial account is created in accordance with this section. -------- (L. 2018 H.B. 1250)  *Section "223(c)(1)" appears in original rolls, which is an incorrect reference.
Effective - 28 Aug 2004   456.007. Lessor, trustee of deposits by lessee, when  exception.  1. Whenever any person, firm or corporation, engaged in the leasing of personal property, shall require a deposit or advance payment to be made by the lessee to bind the lessee to the performance of such contract, then such money so deposited, with any accruing interest thereon, shall, until returned or applied in accordance with the terms of such contract or agreement, continue to be the money of the person making the deposit and shall become and remain a trust fund in the possession of the person with whom such deposit shall be made, and the person, firm or corporation, receiving such deposit shall be the holder of such fund as trustee, and as the trustee as herein defined shall forthwith, and within seven days after the receipt of such trust fund, deposit the same in some bank or trust company in the county in which the cestui que trust shall reside or have his principal office or place of business, and such fund shall not be mingled with any other funds or assets of such trustee. Any person, firm or corporation receiving any money in trust, as herein defined, who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor; provided, however, that this section and section 456.009 shall not apply to such transactions where the property used or leased is delivered to lessee at time of agreement and remains in the actual and continuous possession of lessee during the term of such agreement.  2. Subsection 1 of this section shall not apply to any lease entered into by lessors which are banks, trust companies, savings and loan associations, savings banks and credit unions, their subsidiaries and affiliates, or to any other financial institutions as defined in subdivision (4) of section 381.410, or to other lessors in commercial lease transactions of at least twenty-five thousand dollars. -------- (RSMo 1939  3540, A.L. 1999 S.B. 386, A.L. 2004 H.B. 1511)  Prior revision: 1929  3150  Transferred 2004; formerly 456.040 
Effective - 28 Aug 2004   456.009. Lessor liable for double amount of deposit so held in trust, when.  Any person, firm or corporation being a trustee, as provided in section 456.007, who shall violate any of the provisions thereof, shall pay to the depositor a sum of money double the amount of the deposit or advance payment, which may be recovered in any court of competent jurisdiction, together with a reasonable attorney's fee to be fixed by the court and collected as other costs in the case. Any waiver or attempt to waive the provisions of section 456.007 and this section shall be void. -------- (RSMo 1939  3541, A.L. 2004 H.B. 1511)  Prior revision: 1929  3151  Transferred 2004; formerly 456.050 
Effective - 28 Aug 2004   456.011. Trusts for benefit of employees or self-employed persons  perpetuities  suspension of alienation.  A trust of real or personal property, or both, created as part of a stock bonus plan, pension plan, disability or death benefit plan, medical benefit plan, profit-sharing plan or retirement plan, for the exclusive benefit of employees or self-employed persons, to which contributions are made by an employer, or employees, or both, or by self-employed persons, for the purpose of distributing to such employees or self-employed persons the earnings or the principal, or both earnings and principal of the fund so held in trust, shall not be deemed to be invalid as violating any existing laws against perpetuities or suspension of the power of alienation of title to property; but such a trust may continue for such time as may be necessary to accomplish the purposes for which it may be created. -------- (L. 1941 p. 716  3541-A, A.L. 1957 p. 868, A.L. 1959 S.B. 270, A.L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.060 
Effective - 28 Aug 2004, 2 histories   456.013. Trusts for benefit of employees or self-employed persons  accumulation.  The income arising from any property held in a trust created as part of a stock bonus plan, pension plan, disability or death benefit plan, medical benefit plan, profit-sharing plan or retirement plan for the exclusive benefit of employees or self-employed persons to which contributions are made by an employer or employees, or both, or by self-employed persons, for the purpose of distributing in accordance with such plan to such employees or self-employed persons the earnings or the principal or both earnings and principal of the trust fund, may be permitted to accumulate until the fund shall be sufficient to accomplish the purposes of such plan. -------- (L. 1941 p. 716  3541-B, A.L. 1957 p. 868, A.L. 1959 S.B. 270, A.L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.070. 
Effective - 28 Aug 2004   456.014. Trust for benefit of employees  spendthrift trust, when  exempt from certain attachments, exception.  A trust created as part of a stock bonus plan, nonpublic pension plan, disability or death benefit plan, profit-sharing plan, or retirement plan, for the exclusive benefit of employees to which contributions are made by an employer, or participant, or both, for the purpose of distributing to such participant the earnings or the principal, or both earnings and principal of the fund so held in trust, shall be deemed to be a spendthrift trust if the plan or trust includes a provision restraining the assignment, alienation, or other voluntary or involuntary transfer of the interest of a participant in the trust. Prior to payment or delivery thereof to such participant by the plan trustee, such an interest of the participant shall be exempt from attachment or execution under the laws of this state, and such provision restraining the assignment, alienation, or other voluntary or involuntary transfer of the interest of a participant in the trust shall preclude any creditor of the participant from satisfying a claim from the assets or property of such a plan or trust before payment or delivery of such interest to the participant by the plan trustee, provided that the interest of any such participant shall be subject to attachment or execution pursuant to a qualified domestic relations order, as defined by Section 414(p) of the federal Internal Revenue Code, as amended, issued by a court in any proceeding for dissolution of marriage or legal separation or a proceeding for disposition of property following dissolution of marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of marital property at the time of the original judgment of dissolution. -------- (L. 1992 S.B. 447, A.L. 2004 H.B. 1511  456.015)  Transferred 2004; formerly 456.072 
Effective - 28 Aug 2004   456.017. Applicability of sections 456.011, 456.013, and 456.014.  The provisions of sections 456.011, 456.013, and 456.014 shall apply to every trust of the kind described in such sections hereafter created or heretofore created or attempted to be created as if such sections had been effective on and after the date of the creation, or attempted creation, of each such trust. -------- (L. 1957 p. 868, A.L. 1992 S.B. 447, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.075 
Effective - 14 Jun 1971   456.019. Trustees of private foundations, charitable trusts or split-interest trusts, certain acts prohibited.  1. In the administration of any trust which is a "private foundation", as defined in Section 509 of the United States Internal Revenue Code, a "charitable trust", as defined in Section 4947(a)(1) of the United States Internal Revenue Code, or a "split-interest trust", as defined in Section 4947(a)(2) of the United States Internal Revenue Code, the following acts shall be prohibited:  (1) Engaging in any act of "self-dealing", as defined in Section 4941(d) of the United States Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4941(a) of the United States Internal Revenue Code;  (2) Retaining any "excess business holdings", as defined in Section 4943(c) of the United States Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4943(a) of the United States Internal Revenue Code;  (3) Making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust, within the meaning of Section 4944 of the United States Internal Revenue Code, so as to give rise to any liability for the tax imposed by Section 4944(a) of the United States Internal Revenue Code; and  (4) Making any "taxable expenditures", as defined in Section 4945(d) of the United States Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4945(a) of the United States Internal Revenue Code; provided, however, that this section shall not apply either to those split-interest trusts or to amounts thereof which are not subject to the prohibitions applicable to private foundations by reason of the provisions of Section 4947 of the United States Internal Revenue Code.  2. In the administration of any trust which is a "private foundation", as defined in Section 509 of the United States Internal Revenue Code, or which is a "charitable trust", as defined in Section 4947(a)(1) of the United States Internal Revenue Code, there shall be distributed, for the purposes specified in the trust instrument, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by Section 4942(a) of the United States Internal Revenue Code.  3. The provisions of subsections 1 and 2 of this section shall not apply to any trust to the extent that a court of competent jurisdiction shall determine that such application would be contrary to the terms of the instrument governing such trust and that the same may not properly be changed to conform to such sections. The trustee shall not be held liable to anyone for any payments made under subsection 2 prior to such determination.  4. Nothing in this section shall impair the rights and powers of the courts or the attorney general of this state with respect to any trust.  5. All references to sections of the United States Internal Revenue Code shall be to such law as of June 14, 1971. -------- (L. 1971 S.B. 47, A.L. 2004 H.B. 1511)  Effective 6-14-71  Transferred 2004; formerly 456.230 
Effective - 28 Aug 2004   456.021. Addition to trusts.  A devise or other transfer, the validity of which is determinable by the law of this state, may be made by a will or other instrument of transfer, including a designation of beneficiary under a life insurance policy, to the trustee or trustees of a trust established or to be established by the testator or transferor or by the testator or transferor and some other person or persons or by some other person or persons, including a funded or unfunded life insurance trust, although the settlor thereof has reserved any or all rights of ownership of the insurance contracts, if the trust is identified in the testator's will or the instrument of transfer and its terms are set forth in a written instrument. The devise or transfer shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will, the delivery of the instrument of transfer, or the death of the testator. Notwithstanding whether a devise or transfer is made before or after August 28, 1996, a devise or transfer is valid if the devise or transfer is made only to the name of the trust or if the devise or transfer is made to the name or names of the trustee or trustees as the trustee or trustees of the trust. Unless the testator's will or the instrument of transfer provides otherwise, the property so devised:  (1) Shall not be deemed to be held under a testamentary trust of the testator or transferor but shall become a part of the trust to which it is given; and  (2) Shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator or transferor, regardless of whether made before or after the execution of the testator's will or the delivery of the instrument of transfer, and, if the testator's will or the instrument of transfer so provides, including any amendments to the trust made after the death of the testator or transferor. A revocation or termination of the trust before the death of the testator shall cause a devise to the trustees of that trust to lapse. -------- (L. 1983 H.B. 117, A.L. 1996 H.B. 941, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.232 
Effective - 28 Aug 2004   456.025. Inapplicability of the rule against perpetuities  rule prohibiting unreasonable restraints or suspension of power of alienation not violated, when  rule against accumulations not applicable, when.  1. The rule against perpetuities shall not apply to and any rule prohibiting unreasonable restraints on or suspension of the power of alienation shall not be violated by a trust if a trustee, or other person or persons to whom the power is properly granted or delegated, has the power pursuant to the terms of the trust or applicable law to sell the trust property during the period of time the trust continues beyond the period of the rule against perpetuities that would apply to the trust but for this subsection.  2. No rule against accumulations shall apply to a trust described in subsection 1 of this section unless the terms of the trust require that the income be accumulated during a period of time the trust continues beyond the period of the rule against perpetuities that would apply to the trust but for subsection 1 of this section. If the terms of the trust require that the income be accumulated during any period of time the trust continues beyond the period of the rule against perpetuities that would apply to the trust but for subsection 1 of this section, then during that period of time the trustee shall have the power to make discretionary distributions of net income to such recipients and in such shares and in such manner as most closely effectuates the settlor's or testator's manifested plan of distribution.  3. The provisions of this section apply to:  (1) Any trust created by a will or inter vivos agreement, or pursuant to the exercise of a power of appointment other than a general power of appointment granted under a will or inter vivos agreement, executed or amended on or after August 28, 2001;  (2) Any trust created pursuant to the exercise of a general power of appointment exercised in an instrument executed or amended on or after August 28, 2001; or  (3) Any trust created by a will or inter vivos agreement, or pursuant to the exercise of a power of appointment granted under a will or inter vivos agreement, executed or amended before August 28, 2001, if the laws of this state become applicable to the trust after such date, the laws of any other state applied to the trust before such date, and the rule against perpetuities did not apply to the trust pursuant to the laws of the other state.  4. As used in this section, the term "trust" means an express trust created by a trust instrument, including a will, whereby a trustee has the duty to administer a trust asset for the benefit of a named or otherwise described income or principal beneficiary, or both. The term "trust" does not include a resulting or constructive trust, a business trust which provides for certificates to be issued to the beneficiary, an investment trust, a voting trust, a security instrument, a trust created by the judgment or decree of a court, a liquidation trust, or a trust for the primary purpose of paying dividends, interests, interest coupons, salaries, wages, pensions, or profits, or employee benefits of any kind, an instrument wherein a person is nominee or escrowee for another, a trust created in deposits in any financial institution, a trust that is not subject to the rule against perpetuities by reason of any other law of this state, or any other trust the nature of which does not admit of general trust administration. -------- (L. 2001 H.B. 241, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.236 
Effective - 28 Aug 2022   456.026. Rule against perpetuities, trust subject to, when.  For purposes of determining whether a trust that is subject to the rule against perpetuities violates said rule, if there is only one beneficiary of the trust who is entitled or eligible to receive distributions of income or principal from the trust, such beneficiary holds a general power of appointment over the trust, and no other person has a power to appoint any part of the trust to anyone other than the beneficiary, then the beneficiary has a vested interest in the trust, regardless of whether such general power is presently exercisable or is exercisable only at the powerholder's death. -------- (L. 2022 S.B. 886)
Effective - 28 Aug 2004   456.027. Registration of trust.  1. The trustee of a trust having its principal place of administration in this state may register the trust in the probate division of the circuit court of the county wherein the principal place of administration is located.  2. "Trust" includes any express trust, private or charitable, with additions thereto, wherever and however created. It also includes a resulting or constructive trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust."Trust" excludes other constructive and resulting trusts, guardianships, conservatorships, decedents' estates, and trust accounts with financial institutions in the name of one or more parties as trustee for one or more beneficiaries where the fiduciary relationship is established by the form of the account and the deposit agreement with the financial institution, and there is no subject of the trust other than the sums on deposit in such account. "Trust" also excludes custodial arrangements pursuant to chapter 404, the Missouri uniform gifts to minors law, paying and transfer agencies, business trusts providing for certificates to be issued to beneficiaries, investment trusts, common trust funds, voting trusts, security instruments or arrangements, liquidation trusts, trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions or employee benefits of any kind, and any arrangements under which a person is nominee or escrowee for another.  3. Unless otherwise designated in the trust instrument, the "principal place of administration of a trust" is the trustee's usual place of business where the records pertaining to the trust are kept, or at the trustee's residence if he has no such place of business. In the case of cotrustees, the principal place of administration, if not otherwise designated in the trust instrument, is:  (1) The usual place of business of the corporate trustee if there is but one corporate cotrustee; or  (2) The usual place of business or residence of the individual trustee who is a professional fiduciary if there is but one such person and no corporate cotrustee; and otherwise  (3) The usual place of business or residence of any of the cotrustees as agreed upon by them.  4. "Professional fiduciary" means an individual trustee who represents himself to the public as having specialized training, experience or skills in the administration of trusts.  5. The right to register under this section does not apply to the trustee of a trust if registration would be inconsistent with the retained jurisdiction of a foreign court from which the trustee cannot obtain release of registration. -------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.400 
Effective - 28 Aug 2004   456.029. Registration procedure.  Such registration shall be accomplished by filing a statement, indicating the name and address of the trustee and acknowledging the trusteeship. The statement shall indicate whether the trust has been registered elsewhere and shall identify the trust:  (1) In the case of a testamentary trust, by the name of the testator and the date and place of domiciliary probate;  (2) In the case of a written inter vivos trust, by the name of each settlor and the original trustee and the date of the trust instrument; or  (3) In the case of an oral trust, by information identifying the settlor or other source of funds and describing the time and manner of the trust's creation and the terms of the trust, including the subject matter, beneficiaries and time of performance. A registration may be withdrawn by a similar statement. -------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.410 
Effective - 28 Aug 2004   456.031. Records and certified copies.  The clerk of the probate division of the circuit court shall keep a record for each trust so registered, including trust registration statements, petitions and applications, demands for notices or bonds, and of any orders or responses relating thereto by the court, and establish and maintain a system for indexing, filing or recording which is sufficient to enable users of the records to identify and obtain information about such registered trusts. Upon payment of the fees required by law the clerk must issue certified copies of any record or paper filed or recorded. -------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.420 
Effective - 28 Aug 2004   456.033. Effect of registration.  1. By registering a trust, or accepting the trusteeship of a registered trust, the trustee submits personally to the jurisdiction of the court in any proceeding involving the internal affairs of the trust that may be initiated by any interested person while the trust remains registered. Notice of any such proceeding shall be delivered to the trustee or mailed to him by ordinary first-class mail at his address as listed in the registration statement or as thereafter reported to the court and to his address as then known to the petitioner.  2. To the extent of their interests in the trust, all beneficiaries of a trust registered in this state are subject to the jurisdiction of the court of registration for the purposes of proceedings involving internal affairs of the trust, provided notice is given pursuant to section 472.100.  3. "Interested persons" include beneficiaries and any others having a property right in or claim against a trust estate which may be affected by a judicial proceeding. It also includes persons and other fiduciaries representing interested persons. The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.  4. "Internal affairs" proceedings, without limitation, are those which involve interpretation or construction of the terms of the trust by declarations, instructions or judgments as to the existence, nonexistence and extent of rights, powers, privileges, immunities, duties, liabilities and remedies of trustees and beneficiaries in the administration and distribution of trusts, including but not limited to proceedings concerning:  (1) The qualifications, appointment, removal, indemnification, reimbursement, exoneration or surcharge of trustees;  (2) The imposition, change and release of requirements for trustees' bonds;  (3) The employment of agents and compensation to them and to trustees;  (4) The review and settlement of interim and final accounts;  (5) The propriety of investments or of principal and income allocations;  (6) The allowance of deviations from or modifications of trust terms;  (7) The ascertainment of beneficiaries or of beneficial interests;  (8) The requirements for release of registration or change of principal place of administration;  (9) The timing and quantity of distributions and dispositions of assets;  (10) The validity and effect of alienations by beneficiaries, by exercise of powers of appointment or otherwise; and  (11) Terminations of trusts. -------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.430 
Effective - 28 Aug 2004   456.035. Evidence as to death or status  five-year absence presumption of death.  1. A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death and the identity of the deceased settlor, trustee, beneficiary or other interested person.  2. A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report.  3. A person who is absent for a continuous period of five years, during which he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. -------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.620 
Effective - 28 Aug 2004   456.037. Trust property  when deemed unclaimed.  1. Property of any kind remaining in a trust which is not subject to administration or distribution to or for an identifiable beneficiary may be deemed to be unclaimed property when the trustee, after reasonable and diligent search, is unable to find or ascertain the existence of any heirs, legal representatives, successors or assigns of any beneficiary to whom such property is distributable by the trust instrument, by any other instrument pertaining to the trust estate, or by the laws of Missouri.  2. Property of any kind remaining in a trust, which is distributable to or for the benefit of an identified beneficiary, may be deemed to be unclaimed when such beneficiary has, for three years after a good faith attempt to notify him in writing of his right to such property, failed or refused to claim the property. -------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.640 
Effective - 28 Aug 2004   456.039. Procedure by trustee with respect to unclaimed property.  1. Any trustee holding such unclaimed property may file with the state treasurer a verified statement setting forth the reason or reasons why such property is presumed to be unclaimed, the efforts made to find or ascertain any heirs, legal representatives, successors or assigns of any beneficiary or beneficiaries to whom such property is distributable, a list of all instruments known to the trustee that pertain to the trust and their location, with copies of those that are in possession of the trustee, and any further facts causing the trustee to believe that the property is unclaimed, and transfer such property to the state treasurer, who shall issue his receipt therefor.  2. All property so received shall be credited to the escheat fund of the state of Missouri. -------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.650 
Effective - 28 Aug 2004   456.041. Unclaimed property  liability of trustee.  1. The payment or delivery of such unclaimed property to the state treasurer by the trustee shall terminate any legal relationship between the trustee and beneficiary or apparent beneficiary to receive such property and shall release and discharge the trustee from any and all liability to such beneficiary, his heirs, personal representatives, successors and assigns by such payment or delivery, regardless of whether such property is in fact or in law unclaimed property.  2. Such payment or delivery may be pleaded as a bar to recovery and shall be a defense in any suit or action brought by the apparent owner, or his heirs, personal representatives, successors or assigns, or any claimant against the trustee by reason of the delivery of payment. -------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.660 
Effective - 01 Jan 2005   456.1-101. Short title.  Sections 456.1-101 to 456.11-1106 shall be known and may be cited as the "Missouri Uniform Trust Code". -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.1-102. Scope.  Sections 456.1-101 to 456.11-1106 apply to express trusts, charitable or noncharitable, testamentary or inter vivos, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. Sections 456.1-101 to 456.11-1106 do not apply to any trust created by the inherent power of the court pursuant to chapter 460. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2018, 2 histories   456.1-103. Definitions.  In sections 456.1-101 to 456.11-1106, the following terms shall mean:  (1) "Action", with respect to an act of a trustee, includes a failure to act;  (2) "Ascertainable standard", a standard relating to an individual's health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or Section 2541(c)(1) of the Internal Revenue Code;  (3) "Beneficiary", a person that:  (a) Has a present or future beneficial interest in a trust, vested or contingent; or  (b) In a capacity other than that of trustee, holds a power of appointment over trust property;  (4) "Charitable trust", a trust, or portion of a trust, created for a charitable purpose described in subsection 1 of section 456.4-405;  (5) "Conservator", a person described in subdivision (3) of section 475.010. This term does not include a conservator ad litem;  (6) "Conservator ad litem", a person appointed by the court pursuant to the provisions of section 475.097;  (7) "Directed trust", any trust, including a split interest trust, in which the trust instrument:  (a) Authorizes a trust protector to instruct or direct the trustee;  (b) Charges a trust protector with any responsibilities regarding the trust;  (c) Grants the trust protector one or more powers over the trust; or  (d) Directs one or more powers over the trust to a person, who is not serving as a trustee, and is not a settlor or a beneficiary;  (8) "Environmental law", a federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment;  (9) "Financial institution", a non-foreign bank, savings and loan or trust company chartered, regulated and supervised by the Missouri division of finance, the office of the comptroller of the currency, the office of thrift supervision, the National Credit Union Administration, or the Missouri division of credit union supervision. The term "non-foreign bank" shall mean a bank that is not a foreign bank within the meaning of subdivision (1) of section 361.005;  (10) "Guardian", a person described in subdivision (8) of section 475.010. The term does not include a guardian ad litem;  (11) "Interested persons", include beneficiaries and any others having a property right in or claim against a trust estate which may be affected by a judicial proceeding. It also includes fiduciaries and other persons representing interested persons. The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding;  (12) "Interests of the beneficiaries", the beneficial interests provided in the terms of the trust;  (13) "Internal Revenue Code", the United States Internal Revenue Code of 1986, as in effect on January 1, 2005, or as later amended;  (14) "Jurisdiction", with respect to a geographic area, includes a state or country;  (15) "Person", an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity;  (16) "Permissible distributee", a beneficiary who is currently eligible to receive distributions of trust income or principal, whether mandatory or discretionary;  (17) "Power of withdrawal", a presently exercisable power of a beneficiary to withdraw assets from the trust without the consent of the trustee or any other person;  (18) "Principal place of administration", of a trust is the trustee's usual place of business where the records pertaining to the trust are kept, or the trustee's residence if the trustee has no such place of business, unless otherwise designated by the terms of the trust as provided in section 456.1-108. In the case of cotrustees, the principal place of administration is, in the following order of priority:  (a) The usual place of business of the corporate trustee if there is but one corporate cotrustee;  (b) The usual place of business or residence of the trustee who is a professional fiduciary if there is but one such trustee and no corporate cotrustee; or  (c) The usual place of business or residence of any of the cotrustees;  (19) "Professional fiduciary", an individual who represents himself or herself to the public as having specialized training, experience or skills in the administration of trusts;  (20) "Property", anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein;  (21) "Qualified beneficiary", a beneficiary who, on the date the beneficiary's qualification is determined:  (a) Is a permissible distributee;  (b) Would be a permissible distributee if the interests of the permissible distributees described in paragraph (a) of this subdivision terminated on that date; or  (c) Would be a permissible distributee if the trust terminated on that date;  (22) "Record", information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;  (23) "Revocable", as applied to a trust, means that the settlor has the legal power to revoke the trust without the consent of the trustee or a person holding an adverse interest, regardless of whether the settlor has the mental capacity to do so in fact;  (24) "Settlor", a person, including a testator, who creates, or contributes property to, a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion pursuant to the terms of the trust;  (25) "Sign", with present intent to authenticate or adopt a record:  (a) To execute or adopt a tangible symbol; or  (b) To attach to or logically associate with the record an electronic sound, symbol, or process;  (26) "Spendthrift provision", a term of a trust which restrains either the voluntary or involuntary transfer or both the voluntary and involuntary transfer of a beneficiary's interest;  (27) "State", a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band recognized by federal law or formally acknowledged by a state;  (28) "Terms of a trust", the manifestation of the settlor's intent regarding a trust's provisions as expressed in the trust instrument or as may be established by other evidence that would be admissible in a judicial proceeding;  (29) "Trust instrument", an instrument executed by the settlor that contains terms of the trust, including any amendments thereto;  (30) "Trust protector", any person, group of persons, or entity not serving as a trustee and not the settlor or a beneficiary, designated in a trust instrument to instruct or direct the trustee or charged in the trust instrument with any responsibilities regarding the trust or expressly granted in the trust instrument one or more powers over the trust. The term trust protector includes, but is not limited to, persons or entities identified in the trust instrument as trust advisors, trust directors, distribution advisors, or investment advisors;  (31) "Trustee", includes an original, additional, and successor trustee, and a cotrustee. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892, A.L. 2018 H.B. 1250) 
Effective - 01 Jan 2005   456.1-104. Knowledge.  1. Subject to subsection 2 of this section, a person has knowledge of a fact if the person:  (1) has actual knowledge of it;  (2) has received a notice or notification of it; or  (3) from all the facts and circumstances known to the person at the time in question, has reason to know it.  2. An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2006   456.1-105. Default and mandatory rules.  1. Except as otherwise provided in the terms of the trust, sections 456.1-101 to 456.11-1106 govern the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.  2. The terms of a trust prevail over any provision of sections 456.1-101 to 456.11-1106 except:  (1) the requirements for creating a trust;  (2) the duty of a trustee to act in good faith and in accordance with the purposes of the trust;  (3) the requirement that a trust and its terms be for the benefit of its beneficiaries;  (4) the power of the court to modify or terminate a trust under section 456.4-410, subsection 3 of section 456.4-411B, and sections 456.4-412 to 456.4-416;  (5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in sections 456.5-501 to 456.5-507;  (6) the power of the court under section 456.7-702 to require, dispense with, or modify or terminate a bond;  (7) the power of the court under subsection 2 of section 456.7-708 to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;  (8) subject to subsection 3 of this section, the duty of a trustee of an irrevocable trust to notify each permissible distributee who has attained the age of twenty-one years of the existence of the trust and of that permissible distributee's rights to request trustee's reports and other information reasonably related to the administration of the trust;  (9) the duty to respond to the request of a qualified beneficiary of an irrevocable trust for trustee's reports and other information reasonably related to the administration of the trust;  (10) the effect of an exculpatory term under section 456.10-1008;  (11) the rights under sections 456.10-1010 to 456.10-1013 of a person other than a trustee or beneficiary;  (12) periods of limitation for commencing a judicial proceeding;  (13) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and  (14) the venue for a judicial proceeding as provided in section 456.2-204.  3. For purposes of subdivision (8) of subsection 2 of this section, the settlor may designate by the terms of the trust one or more permissible distributees to receive notification of the existence of the trust and of the right to request trustee's reports and other information reasonably related to the administration of the trust in lieu of providing the notice, information or reports to any other permissible distributee who is an ancestor or lineal descendant of the designated permissible distributee. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892) 
Effective - 01 Jan 2005   456.1-106. Common law of trusts  principles of equity.  The common law of trusts and principles of equity supplement sections 456.1-101 to 456.11-1106, except to the extent modified by sections 456.1-101 to 456.11-1106 or another statute of this state. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.1-107. Governing law.  The meaning and effect of the terms of a trust are determined by:  (1) the law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or  (2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.1-108. Principal place of administration.  1. Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if:  (1) a trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or  (2) all or part of the administration occurs in the designated jurisdiction.  2. Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States that is appropriate to the trust's purposes, its administration, and the interests of the beneficiaries.  3. The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than sixty days before initiating the transfer. The notice of proposed transfer must include:  (1) the name of the jurisdiction to which the principal place of administration is to be transferred;  (2) the address and telephone number at the new location at which the trustee can be contacted;  (3) an explanation of the reasons for the proposed transfer;  (4) the date on which the proposed transfer is anticipated to occur; and  (5) the date, not less than sixty days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.  4. The authority of a trustee under this section to transfer a trust's principal place of administration without an order of a court terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.  5. In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to section 456.7-704. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.1-109. Methods and waiver of notice.  1. Notice to a person under sections 456.1-101 to 456.11-1106 or the sending of a document to a person under sections 456.1-101 to 456.11-1106 must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed electronic message.  2. Notice otherwise required under sections 456.1-101 to 456.11-1106 or a document otherwise required to be sent under sections 456.1-101 to 456.11-1106 need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.  3. Notice under sections 456.1-101 to 456.11-1106 or the sending of a document under sections 456.1-101 to 456.11-1106 may be waived by the person to be notified or sent the document.  4. Notice of a judicial proceeding must be given as provided in the applicable rules of civil procedure. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2006   456.1-110. Others treated as qualified beneficiaries.  1. A specified charitable organization or a person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in sections 456.4-408 or 456.4-409 has the rights of a qualified beneficiary under sections 456.1-101 to 456.11-1106.  2. Except with respect to sections 456.1-108 and 456.4-411B, the attorney general of this state has the rights of a qualified beneficiary with respect to an interest in a charitable trust having its principal place of administration in this state if:  (1) a specified charitable organization is not entitled to a distribution from such interest; and  (2) distributions from the interest are payable in a manner that, if payable to an identifiable charitable entity, would qualify that entity as a specified charitable organization.  3. In this section a "specified charitable organization" means an identifiable charitable entity, the interest of which is not otherwise subject to any power of appointment or other power of termination, that, on the date that entity's qualification is determined:  (a) is a permissible distributee;  (b) would be a permissible distributee if the interests of the permissible distributees terminated on that date; or  (c) would be a permissible distributee if the trust terminated on that date.  4. No provision of this section shall limit the authority of the attorney general of this state to supervise and control charitable organizations. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892) 
Effective - 01 Jan 2005   456.1-111. Nonjudicial settlement agreements.  1. In this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.  2. Except as otherwise provided in subsection 3 and 6 of this section, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.  3. A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under sections 456.1-101 to 456.11-1106 or other applicable law.  4. Matters that may be resolved by a nonjudicial settlement agreement include:  (1) the interpretation or construction of the terms of the trust;  (2) the approval of a trustee's report or accounting;  (3) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;  (4) the resignation or appointment of a trustee and the determination of a trustee's compensation;  (5) transfer of a trust's principal place of administration; and  (6) liability of a trustee for an action relating to the trust.  5. Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in sections 456.3-301 to 456.3-305 was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.  6. A nonjudicial settlement agreement may not be used to terminate or modify a trust for the reasons that a court could terminate or modify a trust as set forth in subsection 1 of section 456.4-411B. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2006   456.1-112. Rules of construction  inapplicable to certain trusts.  1. If a settlor's marriage is dissolved or annulled, any beneficial terms of a trust in favor of the settlor's former spouse or any fiduciary appointment of the settlor's former spouse is revoked on the date the marriage is dissolved or annulled, whether or not the terms of the trust refer to marital status. The terms of the trust shall be given effect as if the former spouse had died immediately before the date the dissolution or annulment became final. This subsection shall also apply to any beneficial interest or fiduciary appointment in favor of a relative of the settlor's former spouse as if such relative were the former spouse.  2. Subsection 1 of this section does not apply to the terms of a trust that provide any beneficial interest or fiduciary appointment for a former spouse or a relative of a former spouse that was created after the marriage was dissolved or annulled, or that expressly states that marriage dissolution or annulment shall not affect the designation of a former spouse or relative of a former spouse as a beneficiary or a fiduciary of the trust.  3. A court may order or the settlor and the spouse may agree before, during, or after the marriage in a binding contract or settlement agreement that subsection 1 of this section does not apply to a beneficial interest or fiduciary appointment.  4. Any terms of a trust revoked solely by this section are revived by the settlor's remarriage to the former spouse or by a nullification of the marriage dissolution or annulment.  5. In this section, "a relative of the settlor's former spouse" means an individual who is related to the settlor's former spouse by blood, adoption or affinity and who, after the divorce or annulment, is not related to the settlor by blood, adoption or affinity.  6. The provisions of this section shall not apply to any trust for which a gift tax marital deduction has been claimed or allowed under Section 2523 of the Internal Revenue Code. The provisions of this section shall not apply in a manner that would result in either:  (a) a transfer to a trust being treated as an incomplete gift for federal gift tax purposes; or  (b) inclusion of assets of a trust in the gross estate of a settlor for federal estate tax purposes. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892) 
Effective - 28 Aug 2015   456.1-113. Transfer of assets to trust subjects assets to terms of the trust.  Any transfer of an asset to a trustee of a trust, to such trust itself, or to a share of such trust, in a manner that is reasonably calculated to identify such trust or that share of such trust, subjects that asset to the terms of such trust or that share. -------- (L. 2015 S.B. 164) 
Effective - 28 Aug 2022   456.1-114. Familial relationships.  1. For purposes of interpreting a term of familial relationship in a trust, "descendants", "issue", "children", and similar terms of relationship shall be construed as follows:  (1) A child conceived or born of a marriage is presumed to be a child of the persons so married unless a judicial proceeding is commenced before the death of the presumed parent and it is finally determined in such proceeding that the presumed parent is not the parent of the child;  (2) A child who is not conceived or born of a marriage is presumed to not be a child of a person who did not give birth to the child unless:  (a) A judicial proceeding commenced before the death of such person determined that such person is a parent of the child; or  (b) Such person openly recognized the child as his or her child and such person has not refused to voluntarily support the child. A trustee may rely on its discretion regarding the sufficiency of recognition or support, and the trustee shall not be liable to any person for its exercise of this discretion unless the trustee acts in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; and  (3) A child adopted prior to the age of eighteen is the child of an adopting parent and not of the natural parents, except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and such natural parent.  2. If a parent-child relationship is established pursuant to this section, the rights afforded to the child shall not be retroactive, but instead shall apply from the time the relationship is established.  3. The terms of a trust shall prevail over any provision of this section. -------- (L. 2022 S.B. 886)
Effective - 01 Jan 2005   456.10-1001. Remedies for breach of trust.  1. A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.  2. To remedy a breach of trust that has occurred or may occur, the court may:  (1) compel the trustee to perform the trustee's duties;  (2) enjoin the trustee from committing a breach of trust;  (3) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;  (4) order a trustee to account;  (5) appoint a special fiduciary to take possession of the trust property and administer the trust;  (6) suspend the trustee;  (7) remove the trustee as provided in section 456.7-706;  (8) reduce or deny compensation to the trustee;  (9) subject to section 456.10-1012, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or  (10) order any other appropriate relief. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.10-1002. Damages for breach of trust.  1. A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:  (1) the amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or  (2) the profit the trustee made by reason of the breach.  2. Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees that are also liable. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.10-1003. Damages in absence of breach.  1. A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.  2. Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.10-1004. Attorney's fees and costs.  In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.10-1005. Limitation of action against trustee.  1. A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the last to occur of the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and the date the trustee informed the beneficiary of the time allowed for commencing a proceeding with respect to any potential claim adequately disclosed on the report.  2. A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.  3. If subsection 1 of this section does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within five years after the first to occur of:  (1) the removal, resignation, or death of the trustee;  (2) the termination of the beneficiary's interest in the trust; or  (3) the termination of the trust. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.10-1006. Reliance on trust instrument.  A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.10-1007. Event affecting administration or distribution.  If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.10-1008. Exculpation of trustee.  1. A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:  (1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or  (2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.  2. Unless the settlor was represented by an attorney not employed by the trustee with respect to the trust containing the exculpatory term, an exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.10-1009. Beneficiary's consent, release, or ratification.  A trustee is not liable to a beneficiary for breach of trust if the beneficiary, while having capacity, consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:  (1) the consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or  (2) at the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.10-1010. Limitation on personal liability of trustee.  1. Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.  2. A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.  3. A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.10-1011. Interest as general partner.  1. Except as otherwise provided in subsection 3 of this section or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed with the secretary of state of this state.  2. Except as otherwise provided in subsection 3 of this section, a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.  3. The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or one or more of the trustee's descendants, siblings, or parents, or the spouse of any of them.  4. If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.10-1012. Protection of person dealing with trustee.  1. A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.  2. A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.  3. A person who in good faith delivers assets to a trustee need not ensure their proper application.  4. A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.  5. Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.10-1013. Certification of trust.  1. Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:  (1) that the trust exists and the date the trust instrument was executed;  (2) the identity of the settlor;  (3) the identity and address of the currently acting trustee;  (4) the powers of the trustee;  (5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;  (6) the authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee;  (7) the trust's taxpayer identification number; and  (8) the manner of taking title to trust property.  2. A certification of trust must be signed by all the trustees. A third party may require that the certification of trust be acknowledged or guaranteed.  3. A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.  4. A certification of trust need not contain the dispositive terms of a trust.  5. A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.  6. A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.  7. A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.  8. A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.  9. This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2016   456.1000. Presumption of unlimited authority  exception to presumption of unlimited authority.  1. Subject to section 456.1005, the power is:  (1) Presently exercisable;  (2) Exclusionary; and  (3) Except as otherwise provided in subsection 2 of this section, general.  2. The power is nongeneral if:  (1) The power is exercisable only at the powerholder's death; and  (2) The permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate. -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.1005. Rules of classification.  1. As used in this section, "adverse party" means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.  2. If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.  3. If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary. -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.1010. Power to revoke or amend.  A donor may revoke or amend a power of appointment only to the extent that the instrument creating the power is revocable by the donor, or the donor reserves a power of revocation or amendment in the instrument creating the power of appointment. -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.1015. Requisites for exercise of power of appointment.  A power of appointment is exercised only if:  (1) The instrument exercising the power is valid under applicable law;  (2) The terms of the instrument exercising the power:  (a) Manifest the powerholder's intent to exercise the power; and  (b) Subject to section 456.1030, satisfy the requirements of exercise, if any, imposed by the donor; and  (3) To the extent the appointment is a permissible exercise of the power. -------- (L. 2016 H.B. 1765) 
Effective - 28 Aug 2016   456.1020. Intent to exercise  determining intent from residuary clause.  1. As used in this section:  (1) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause; and  (2) "Will" includes a codicil and a testamentary instrument that revises another will.  2. A residuary clause in a powerholder's will or a comparable clause in the powerholder's revocable trust manifests the powerholder's intent to exercise a power of appointment only if:  (1) The power is a general power exercisable in favor of the powerholder's estate;  (2) There is no gift-in-default clause or the clause is ineffective; and  (3) The powerholder did not release the power. -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.1025. Intent to exercise  after-acquired power.  1. Except as otherwise provided in subsection 2 of this section, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause.  2. If the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective. -------- (L. 2016 H.B. 1765) 
Effective - 28 Aug 2016   456.1030. Substantial compliance with donor-imposed formal requirement.  A powerholder's substantial compliance with a formal requirement of appointment imposed by the donor is sufficient if the powerholder knows of and intends to exercise the power, and the powerholder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement. -------- (L. 2016 H.B. 1765) 
Effective - 28 Aug 2018, 2 histories   456.1035. Permissible appointment.  1. A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.  2. A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.  3. The powerholder of a nongeneral power may:  (1) Make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;  (2) Create a general power or nongeneral power in a permissible appointee; or  (3) Create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power. -------- (L. 2016 H.B. 1765, A.L. 2018 H.B. 1250) 
Effective - 28 Aug 2016   456.1040. Appointment to deceased appointee or permissible appointee's descendant.  1. An appointment to a deceased appointee is ineffective.  2. A powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee and whether or not the descendant of a deceased permissible appointee was alive at the time of the execution of the instrument creating the power or at the time of the exercise of the power. -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.1045. Impermissible appointment.  1. Except as otherwise provided in section 456.1040, an exercise of a power of appointment in favor of an impermissible appointee is ineffective.  2. An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power. -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.1050. Selective allocation doctrine.  If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property shall be allocated in the permissible manner that best carries out the powerholder's intent. -------- (L. 2016 H.B. 1765) 
Effective - 28 Aug 2016   456.1055. Capture doctrine  disposition of ineffectively appointed property under general power.  To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:  (1) The gift-in-default clause controls the disposition of the ineffectively appointed property; or  (2) If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:  (a) Passes to the powerholder if the powerholder is a permissible appointee and living; or  (b) If the powerholder is an impermissible appointee or deceased, passes to the powerholder's estate if the estate is a permissible appointee; or  (c) If there is no taker under paragraph (a) or (b) of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successor in interest. -------- (L. 2016 H.B. 1765) 
Effective - 28 Aug 2016   456.1060. Disposition of unappointed property under released or unexercised general power.  To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust, and except as provided in subsection 3 of section 456.995:  (1) The gift-in-default clause controls the disposition of the unappointed property; or  (2) If there is no gift-in-default clause or to the extent the clause is ineffective:  (a) Except as otherwise provided in paragraph (b) of this subdivision, the unappointed property passes to:  a. The powerholder if the powerholder is a permissible appointee and living; or  b. If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or  (b) To the extent the powerholder released the power, or if there is no taker under paragraph (a) of this subdivision, the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest. -------- (L. 2016 H.B. 1765) 
Effective - 28 Aug 2016   456.1065. Disposition of unappointed property under released or unexercised nongeneral power.  To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:  (1) The gift-in-default clause controls the disposition of the unappointed property; or  (2) If there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property:  (a) Passes to the permissible appointees if:  a. The permissible appointees are defined and limited; and  b. The terms of the instrument creating the power do not manifest a contrary intent; or  (b) If there is no taker under paragraph (a) of this subdivision, passes under a reversionary interest to the donor or the donor's transferee or successor in interest. -------- (L. 2016 H.B. 1765) 
Effective - 28 Aug 2016   456.1070. Disposition of unappointed property if partial appointment to taker in default  appointment to taker in default.  1. If the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.  2. If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property in the same form, manner and amount under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes under the clause. -------- (L. 2016 H.B. 1765) 
Effective - 28 Aug 2016   456.1075. Powerholder's authority to revoke or amend exercise.  A powerholder may revoke or amend an exercise of a power of appointment at any time before the exercise becomes effective to transfer property to the appointee. -------- (L. 2016 H.B. 1765) 
Effective - 28 Aug 2018, 2 histories   456.1080. Disclaimer.  As provided by sections 469.010 to 469.120, a powerholder may disclaim all or part of a power of appointment, and a permissible appointee, appointee, or taker in default of appointment may disclaim all or part of an interest in appointive property. -------- (L. 2016 H.B. 1765, A.L. 2018 H.B. 1250) 
Effective - 28 Aug 2016   456.1085. Authority to release  method of release  revocation or amendment of release.  1. A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.  2. A powerholder of a releasable power of appointment may release the power in whole or in part:  (1) By substantial compliance with a method provided in the terms of the instrument creating the power; or  (2) If the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by an instrument manifesting the powerholder's intent by clear and convincing evidence and delivered to the donor, the donor's personal representative, a guardian of the donor or the conservator of the estate of the donor, or the holder of the legal title to the property to which the interest related. A release involving an estate or property within the jurisdiction of the probate division of a circuit court may be filed in that division.  3. A powerholder may revoke or amend a release of a power of appointment only to the extent that:  (1) The instrument of release is revocable by the powerholder; or  (2) The powerholder reserves a power of revocation or amendment in the instrument of release. -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.1090. Power to contract  presently exercisable power of appointment  power of appointment not presently exercisable.  1. A powerholder of a presently exercisable power of appointment may contract:  (1) Not to exercise the power; or  (2) To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.  2. A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:  (1) Is also the donor of the power; and  (2) Has reserved the power in a revocable trust. -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.1095. Remedy for breach of contract to appoint or not to appoint.  The remedy for a powerholder's breach of contract to appoint or not to appoint property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract. -------- (L. 2016 H.B. 1765)
Effective - 01 Jan 2005   456.11-1101. Uniformity of application and construction.  In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.11-1102. Electronic records and signatures.  Sections 456.1-101 to 456.11-1106 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 (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)). -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.11-1103. Severability clause.  If any provision of sections 456.1-101 to 456.11-1106 or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of sections 456.1-101 to 456.11-1106 which can be given effect without the invalid provision or application, and to this end the provisions of sections 456.1-101 to 456.11-1106 are severable. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.11-1104. Effective date.  Sections 456.1-101 to 456.11-1106 take effect on January 1, 2005. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.11-1106. Application to existing relationships.  1. Except as otherwise provided in sections 456.1-101 to 456.11-1106, on January 1, 2005:  (1) Sections 456.1-101 to 456.11-1106 apply to all trusts created before, on, or after January 1, 2005;  (2) Sections 456.1-101 to 456.11-1106 apply to all judicial proceedings concerning trusts commenced on or after January 1, 2005;  (3) Sections 456.1-101 to 456.11-1106 apply to judicial proceedings concerning trusts commenced before January 1, 2005, unless the court finds that application of a particular provision of sections 456.1-101 to 456.11-1106 would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of sections 456.1-101 to 456.11-1106 does not apply and the superseded law applies;  (4) Any rule of construction or presumption provided in sections 456.1-101 to 456.11-1106 apply to trust instruments executed before January 1, 2005, unless there is a clear indication of a contrary intent in the terms of the trust;  (5) An act done before January 1, 2005, is not affected by any provisions contained in sections 456.1-101 to 456.11-1106; and  (6) Section 456.590* shall not apply to trusts created under an instrument executed on or after January 1, 2005.  2. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before January 1, 2005, that statute continues to apply to the right even if it has been repealed or superseded. -------- (L. 2004 H.B. 1511)  Effective 1-01-05  *Section 456.590 was repealed by H.B. 1765, 2016.
Effective - 28 Aug 2016   456.1100. Creditor claim  general power created by powerholder.  1. As used in this section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer.  2. Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in chapter 428.  3. Subject to subsection 2 of this section, appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate:  (1) To the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate; and  (2) If the power is not presently exercisable.  4. Subject to subdivision (1) of subsection 3 of this section, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable. -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.1105. Creditor claim  general power not created by powerholder.  1. Except as otherwise provided in subsection 3 of this section, appointive property subject to an* exercisable general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of the powerholder to the extent the powerholder's property is insufficient.  2. Appointive property subject to testamentary or not presently exercisable general power of appointment created by a person other than the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate.  3. Subject to subsection 3 of section 456.1115, a power of appointment created by a person other than the powerholder which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or Section 2514(c)(1) of the Internal Revenue Code, is treated for purposes of sections 456.1100 to 456.1115 as a nongeneral power. -------- (L. 2016 H.B. 1765) *Word "a" appears in original rolls.
Effective - 28 Aug 2016   456.1110. Power to withdraw.  1. For purposes of sections 456.1100 to 456.1115, and except as otherwise provided in subsection 2 of this section, during the period the power may be exercised, a power of withdrawal shall be treated as a presently exercisable general power of appointment to the extent of the property subject to the power.  2. Upon the lapse, release, or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in Sections 2041(b)(2), 2514(e) or 2503(b) of the Internal Revenue Code. -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.1115. Creditor claim  nongeneral power.  1. Except as otherwise provided in subsections 2 and 3 of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate.  2. Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent that the powerholder owned the property and, reserving the nongeneral power, transferred the property in violation of chapter 428.  3. If the initial gift-in-default of appointment is to the powerholder or the powerholder's estate, a nongeneral power of appointment is treated for purposes of sections 456.1100 to 456.1115 as a general power. -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.1120. Act not to limit ability to reach a beneficial interest under Missouri Uniform Trust Code.  Sections 456.970 to 456.1135 shall not limit the ability of a creditor or other claimant to reach a beneficial interest as otherwise provided in sections 456.5-501 to 456.5-507. -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.1125. Uniformity of application and construction.  In applying and construing sections 456.970 to 456.1135, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. -------- (L. 2016 H.B. 1765) 
Effective - 28 Aug 2016   456.1130. Relation to Electronic Signatures in Global and National Commerce Act.  Sections 456.970 to 456.1135 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. Section 7001 (c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.1135. Application to existing relationships.  1. Except as otherwise provided in sections 456.970 to 456.1135:  (1) Sections 456.970 to 456.1135 shall apply to a power of appointment created before, on, or after August 28, 2016, and shall apply to a judicial proceeding concerning a power of appointment commenced on or after August 28, 2016;  (2) Sections 456.970 to 456.1135 shall apply to a judicial proceeding concerning a power of appointment commenced before August 28, 2016, unless the court finds that application of a particular provision of such sections would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of such sections does not apply and the superseded law applies;  (3) A rule of construction or presumption provided in sections 456.970 to 456.1135 applies to an instrument executed before August 28, 2016, unless there is a clear indication of a contrary intent in the terms of the instrument; and  (4) Except as otherwise provided in subdivisions (1) to (3) of this subsection, an action done before August 28, 2016, is not affected by such sections.  2. If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this state other than sections 456.970 to 456.1135 before August 28, 2016, the law continues to apply to the right. -------- (L. 2016 H.B. 1765)
Effective - 01 Jan 2005   456.2-201. Role of court in administration of trust.  1. The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.  2. A trust is not subject to continuing judicial supervision unless ordered by the court.  3. A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.2-202. Jurisdiction over trustee and beneficiary.  1. By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding the administration of the trust during any period that the principal place of administration is located in this state.  2. With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any proceeding involving the administration of the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any proceeding involving the administration of the trust.  3. A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including, but not limited to a proceeding to:  (1) request instructions or declare rights;  (2) approve a nonjudicial settlement;  (3) interpret or construe the terms of the trust;  (4) determine the validity of a trust or of any of its terms;  (5) approve a trustee's report or accounting or compel a trustee to report or account;  (6) direct a trustee to refrain from performing a particular act or grant to a trustee any necessary or desirable power;  (7) review the actions of a trustee, including the exercise of a discretionary power;  (8) accept the resignation of a trustee;  (9) appoint or remove a trustee;  (10) determine a trustee's compensation;  (11) determine the liability of a trustee for an action relating to the trust and compel redress of a breach of trust by any available remedy;  (12) modify or terminate a trust;  (13) combine trusts or divide a trust;  (14) determine liability of a trust for debts of a beneficiary and living settlor;  (15) approve employment and compensation of agents;  (16) determine the propriety of investments or of principal and income allocations;  (17) ascertain the identity of trust beneficiaries or the respective beneficial interests of trust beneficiaries;  (18) release of trust registration or change of the trust's principal place of administration;  (19) determine the timing and quantity of distributions and dispositions of assets;  (20) determine the validity and effect of alienations by beneficiaries, by exercise of powers of appointment or otherwise; or  (21) appoint a representative for a beneficiary.  4. This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2006   456.2-204. Venue.  1. Venue for judicial proceedings involving trust administration shall be:  (1) For a trust then registered in this state, in the probate division of the circuit court where the trust is registered; or  (2) For a trust not then registered in this state, in the probate division of the circuit court where the trust could properly be registered; or  (3) For a trust not then registered in this state and which cannot properly be registered in this state, in accordance with the rules of civil procedure.  2. Where a judicial proceeding under this chapter could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.  3. If proceedings concerning the same trust are commenced in more than one court of this state, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and if the court in which the proceeding was first commenced determines that venue is properly in another court, it shall transfer the proceeding to the other court.  4. If a court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court making the finding may transfer the proceeding or file to the other court. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892) 
Effective - 28 Aug 2014   456.2-205. Enforceability of mediation or arbitration provisions.  1. Subject to the exception in subsection 2 of this section, a provision in a trust instrument requiring the mediation or arbitration of disputes between or among the beneficiaries, a fiduciary, a person granted nonfiduciary powers under the trust instrument, or any combination of such persons is enforceable.  2. A provision in a trust instrument requiring the mediation or arbitration of disputes relating to the validity of a trust is not enforceable unless all interested persons with regard to the dispute consent to the mediation or arbitration of the dispute. -------- (L. 2014 S.B. 500) 
Effective - 28 Aug 2011, 2 histories   456.3-301. Representation, basic effect  prohibited, when.  1. Notice to a person who may represent and bind another person under sections 456.3-301 to 456.3-305 has the same effect as if notice were given directly to the other person.  2. The consent of a person who may represent and bind another person under sections 456.3-301 to 456.3-305 is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective. Except that, such consent is binding on the person represented regardless of whether the person represented objects under this subsection, if the person who may represent and bind is:  (1) The holder of a testamentary power of appointment described in section 456.3-302 and the interests of the person represented are subject to the power;  (2) The conservator, conservator ad litem, or guardian described in subdivision* (1), (2), or (3) of section 456.3-303 and the person represented is disabled; or  (3) A parent described in subdivision (4) of section 456.3-303 and the person represented is a minor or unborn child of the parent.  3. Except as otherwise provided in sections 456.4-411A and 456.6-602, a person who under sections 456.3-301 to 456.3-305 may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.  4. A settlor may not represent and bind a beneficiary under sections 456.3-301 to 456.3-305 with respect to the termination or modification of a trust under section 456.4-411A. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892, A.L. 2011 S.B. 59)  *Word "subdivisions" appears in original rolls. 
Effective - 01 Jan 2005   456.3-302. Representation by holder of general testamentary power of appointment.  The holder of a testamentary power of appointment may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. In this section "testamentary power of appointment" means a testamentary power of appointment exercisable without the consent of the creator of the power or person holding an adverse interest in favor of:  (1) a class of appointees that includes the holder, the holder's estate, the holder's creditors, or the creditors of the holder's estate; or  (2) all persons other than the holder, the holder's estate, the holder's creditor's, or the creditors of the holder's estate. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.3-303. Representation by fiduciaries and parents.  To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:  (1) a conservator may represent and bind the estate that the conservator controls;  (2) a conservator ad litem may represent and bind the ward with respect to a particular question or dispute over which a conservator does not have authority;  (3) a guardian may represent and bind the ward with respect to a particular question or dispute if a conservator or conservator ad litem is not authorized to act with respect to that particular question or dispute;  (4) a parent may represent and bind the parent's minor or unborn child if a conservator, conservator ad litem, or guardian for the child has not been appointed;  (5) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;  (6) a trustee may represent and bind the beneficiaries of the trust; and  (7) a personal representative of a decedent's estate may represent and bind persons interested in the estate. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2016, 2 histories   456.3-304. Representation by person having substantially identical interest.  1. Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented with respect to a particular question or dispute.  2. Unless otherwise represented, a beneficiary who is not a qualified beneficiary may be represented by and bound by a qualified beneficiary having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest with respect to the particular question or dispute between the representative and the person represented, in any court proceeding under subsection 2 of section 456.4-412, or in a nonjudicial settlement agreement entered into under section 456.1-111 or section 456.4-411A in lieu of such a court proceeding. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892, A.L. 2016 H.B. 1765) 
Effective - 01 Jan 2005   456.3-305. Appointment of representative.  1. If the court determines that an interest is not represented under sections 456.3-301 to 456.3-305 or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.  2. A representative may act on behalf of the individual represented with respect to any matter arising under sections 456.1-101 to 456.11-1106, whether or not a judicial proceeding concerning the trust is pending.  3. In making decisions, a representative may consider general benefits accruing to the living members of the individual's family. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2006   456.4-401. Methods of creating trust.  A trust may be created by:  (1) transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;  (2) declaration by the owner of property that the owner holds identifiable property as trustee;  (3) exercise of a power of appointment in favor of a trustee; or  (4) a court under section 475.092, 475.093, or 511.030, or 42 U.S.C. Section 1396p(d)(4). -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892) 
Effective - 28 Aug 2006   456.4-402. Requirements for creation.  1. Other than for a trust created by section 475.092, 475.093, or 511.030, or 42 U.S.C. Section 1396p(d)(4), a trust is created only if:  (1) the settlor has capacity to create a trust;  (2) the settlor indicates an intention to create the trust;  (3) the trust has a definite beneficiary or is:  (a) a charitable trust;  (b) a trust for the care of an animal, as provided in section 456.4-408; or  (c) a trust for a noncharitable purpose, as provided in section 456.4-409;  (4) the trustee has duties to perform; and  (5) the same person is not the sole trustee and sole beneficiary.  2. A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.  3. A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892) 
Effective - 01 Jan 2005   456.4-403. Trusts created in other jurisdictions.  A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation:  (1) the settlor was domiciled, had a place of abode, or was a national;  (2) a trustee was domiciled or had a place of business; or  (3) any trust property was located. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.4-404. Trust purposes.  A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.4-405. Charitable purposes  enforcement.  1. A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community.  2. If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.  3. The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.4-406. Creation of trust induced by fraud, duress, or undue influence.  A trust is void to the extent its creation was induced by fraud, duress, or undue influence. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.4-407. Evidence of oral trust.  1. Except as provided in subsection 2 of this section, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence.  2. Other than for a conveyance by which a trust may arise or result by the implication or construction of law, all declarations or creations of trust of any lands, tenements or hereditaments shall be manifested and proved by some writing signed by the party who is, or shall be, by law, enabled to declare such trusts, or by the party's last will, in writing, or else they shall be void. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.4-408. Trust for care of animal.  1. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.  2. A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.  3. Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.4-409. Noncharitable trust without ascertainable beneficiary.  Except as otherwise provided in section 456.4-408 or by another statute, the following rules apply:  (1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than twenty-one years.  (2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.  (3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.4-410. Modification or termination of trust  proceedings for approval or disapproval.  1. In addition to the methods of termination prescribed by sections 456.4-411A to 456.4-414, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.  2. A proceeding to approve or disapprove a proposed modification or termination under sections 456.4-411A to 456.4-416, or trust combination or division under section 456.4-417, may be commenced by a trustee or beneficiary, and a proceeding to approve or disapprove a proposed modification or termination under section 456.4-411A may be commenced by the settlor. The settlor of a charitable trust may maintain a proceeding to modify the trust under section 456.4-413. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2016   456.4-411A. Modification or termination of noncharitable irrevocable trust by consent, exceptions.  1. Except for a trust established by a court under section 475.092, 475.093, 511.030, or 42 U.S.C. Section 1396p(d)(4), a noncharitable irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries, without court approval, even if the modification or termination is inconsistent with a material purpose of the trust. A settlor's power to consent to a trust's termination or modification may be exercised by an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust; by the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or by the settlor's conservator ad litem with the approval of the court if an agent is not so authorized and a conservator has not been appointed.  2. Upon termination of a trust under subsection 1 of this section, the trustee shall distribute the trust property as agreed by the beneficiaries.  3. If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection 1 of this section, the modification or termination may be approved by the court if the court is satisfied that:  (1) if all of the beneficiaries had consented, the trust could have been modified or terminated under subsection 1 of this section; and  (2) the interests of a beneficiary who does not consent will be adequately protected. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892)  Transferred 2016; formerly  456.4A-411.
Effective - 28 Aug 2016, 2 histories   456.4-411B. Modification or termination of noncharitable irrevocable trust by consent  applicability.  1. When all of the adult beneficiaries having the capacity to contract consent, the court may, upon finding that the interest of any nonconsenting beneficiary will be adequately protected, modify the terms of a noncharitable irrevocable trust so as to reduce or eliminate the interests of some beneficiaries and increase those of others, change the times or amounts of payments and distributions to beneficiaries, or provide for termination of the trust at a time earlier or later than that specified by its terms. The court may at any time upon its own motion appoint a representative pursuant to section 456.3-305 to represent a nonconsenting beneficiary. The court shall appoint such a representative upon the motion of any party, unless the court determines such an appointment is not appropriate under the circumstances.  2. Upon termination of a trust under subsection 1 of this section, the trustee shall distribute the trust property as directed by the court.  3. If a trust cannot be terminated or modified under subsection 1 of this section because not all adult beneficiaries having capacity to contract consent or the terms of the trust prevent such modification or termination, the modification or termination may be approved by the court if the court is satisfied that the interests of a beneficiary, other than the settlor, who does not consent will be adequately protected, modification or termination will benefit a living settlor who is also a beneficiary, and:  (1) in the case of a termination, the party seeking termination establishes that continuance of the trust is not necessary to achieve any material purpose of the trust; or  (2) in the case of a modification, the party seeking modification establishes that the modification is not inconsistent with a material purpose of the trust, and the modification is not specifically prohibited by the terms of the trust.  4. This section shall replace the provisions of section 456.590* and shall apply to all trusts that were created under trust instruments that become irrevocable prior to, on, or after January 1, 2005. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892, A.L. 2016 H.B. 1765  456.4B-411)  *Section 456.590 was repealed by H.B. 1765, 2016.  Transferred 2016; formerly  456.4B-411
Effective - 01 Jan 2005   456.4-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively.  1. The court may modify the dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.  2. The court may modify the management or administrative terms of a trust if modification will further the purposes of the trust.  3. Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.4-413. Cy pres.  1. Except as otherwise provided in subsection 2 of this section, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:  (1) the trust does not fail, in whole or in part;  (2) the trust property does not revert to the settlor or the settlor's successors in interest; and  (3) the court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.  2. A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection 1 of this section to apply cy pres to modify or terminate the trust only if, when the provision takes effect:  (1) the trust property is to revert to the settlor and the settlor is still living; or  (2) fewer than twenty-one years have elapsed since the date of the trust's creation. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2018, 2 histories   456.4-414. Modification or termination of uneconomic trust.  1. After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than two hundred fifty thousand dollars may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.  2. The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.  3. Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.  4. This section does not apply to an easement for conservation or preservation. -------- (L. 2004 H.B. 1511, A.L. 2018 H.B. 1250) 
Effective - 01 Jan 2005   456.4-415. Reformation to correct mistakes.  The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.4-416. Modification to achieve settlor's tax objectives.  To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.4-417. Combination and division of trusts.  After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust. The terms of each new trust created by a division under this section do not have to be identical if the interest of each beneficiary is substantially the same under the terms of the trust prior to its division and the combined terms of all trusts after the division. Two or more trusts may be combined into a single trust if the interests of each beneficiary in the trust resulting from the combination are substantially the same as the combined interests of the beneficiary in the trusts prior to the combination. The trustee shall determine the terms controlling any trust after its combination as authorized by this section. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2009   456.4-418. Distribution of trust income or principal to qualified remainder beneficiary, when  applicability to irrevocable trust, when.  1. During any period of time that this section applies to an irrevocable trust, the trustee shall have the authority in its discretion to distribute trust income or principal to a qualified remainder beneficiary of the trust. For purposes of this section, a "qualified remainder beneficiary" is a descendant of a permissible distributee who will be eligible to receive distributions of trust income or principal, whether mandatory or discretionary, upon the termination of the interest of such permissible distributee or upon the termination of the trust.  2. This section shall apply to an irrevocable trust that is administered in this state if:  (1) The trustee may distribute trust income or principal to one or more permissible distributees;  (2) No distributions of trust income or principal have been made to any permissible distributee during the ten-year period preceding the notice required by subsection 5 of this section;  (3) The trustee determines that there will be sufficient assets in the trust for the trustee to meet its obligations to the permissible distributees after any distributions authorized by this section;  (4) The trustee determines that the application of this section to the trust is not inconsistent with a material purpose of the trust;  (5) The trustee determines that the application of this section to a trust that is exempt from the federal generation-skipping transfer tax will not cause the trust to become subject to such tax; and  (6) The trust became irrevocable on or before September 25, 1985.  3. After the trustee determines that this section applies to a trust, this section shall continue to apply to the trust until the first to occur of the following:  (1) The termination of the interests of all the beneficiaries who were permissible distributees on the date of the notice required by subsection 5 of this section;  (2) The termination of the trust; or  (3) The trustee determines that additional distributions under this section will impair the ability of the trustee to meet its obligation to the permissible distributees.  4. A spendthrift provision in the terms of a trust is not presumed inconsistent with the application of this section to the trust.  5. The trustee shall notify the qualified beneficiaries of the trust that the trustee has determined that this section applies to a trust not less than sixty days before distributing trust income or principal to any qualified remainder beneficiary.  6. A trustee acting in good faith shall not be liable to any beneficiary for acting or failing to act under this section. -------- (L. 2009 H.B. 239) 
Effective - 28 Aug 2022, 2 histories   456.4-419. Distributions of income and principal of first trusts and second trusts, discretionary power of trustee  notice requirements.  1. Unless the terms of the trust instrument expressly provide otherwise, a trustee, other than a settlor, who has discretionary power under the terms of a trust to make a distribution of income or principal, whether or not limited by an ascertainable standard, to or for the benefit of one or more beneficiaries of a trust, the first trust, may instead exercise such discretionary power by distributing all or part of the income or principal subject to such discretionary power in favor of a trustee of a second trust, the second trust, created under either the same or different trust instrument in the event that the trustee of the first trust decides that the distribution is necessary or desirable after taking into account the terms and purposes of the first trust, the terms and purposes of the second trust, and the consequences of the distribution. A trustee may exercise the power described in this subsection by distributing property from the first trust to one or more second trusts or by modifying the trust instrument for the first trust which, as modified, becomes one or more second trusts.  2. With respect to a second trust to which a distribution is made pursuant to subsection 1 of this section:  (1) At least one permissible distributee of the first trust shall be a permissible distributee of the second trust immediately after the distribution;  (2) If, at the time of the distribution, the settlor of the first trust is living and the first trust is not a grantor trust under Subpart E of Part I of Subchapter J of Chapter 1 of the Internal Revenue Code of 1986, as amended, there may not be any permissible distributee of the second trust immediately after the distribution who is not a permissible distributee of the first trust;  (3) If, at the time of the distribution, the settlor of the first trust is deceased or if, at the time of the distribution, the first trust is a grantor trust under Subpart E of Part I of Subchapter J of Chapter 1 of the Internal Revenue Code of 1986, as amended, for reasons other than the trustee having the power granted by this section, any beneficiary of the first trust may be included as a permissible distributee of the second trust immediately after the distribution;  (4) The second trust may not include any beneficiary who is not a beneficiary of the first trust; and  (5) The trust instrument for the second trust may retain, modify, or omit a power of appointment granted in the first trust, and the trust instrument for the second trust may create a power of appointment if the powerholder is a beneficiary of the second trust. Except to the extent provided otherwise in subsection 4 of this section, a power of appointment in the trust instrument for the second trust may be a general or nongeneral power of appointment and the permissible appointees of the power need not be limited to the beneficiaries of the first trust.  3. The following provisions apply to a trust that has a beneficiary with a disability:  (1) As used in this subsection, the following terms mean:  (a) "Beneficiary with a disability", a beneficiary of a first trust who the special-needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives those benefits or is an individual who has been adjudicated disabled or adjudicated incapacitated;  (b) "Governmental benefits", financial aid or services from a state, federal, or other public agency;  (c) "Special-needs fiduciary", with respect to a trust that has a beneficiary with a disability:  a. A trustee or other fiduciary, other than a settlor, who has discretionary power under the terms of a trust to make a distribution of income or principal, whether or not limited by an ascertainable standard, to or for the benefit of one or more beneficiaries; or  b. If no trustee or fiduciary has discretion under subparagraph a. of this paragraph, a trustee or other fiduciary, other than a settlor, who is required to distribute part or all of the income or principal of the first trust to or for the benefit of one or more beneficiaries;  (d) "Special-needs trust", a trust the trustee believes would not be considered a resource for purposes of determining whether a beneficiary with a disability is eligible for governmental benefits;  (2) A special-needs fiduciary may exercise the authority granted by subsection 1 of this section if:  (a) A second trust is a special-needs trust that benefits the beneficiary with a disability; and  (b) The special-needs fiduciary determines that exercise of the authority pursuant to subsection 1 of this section will further the purposes of the first trust; and  (3) The following provisions apply to any exercise of the authority granted by this subsection:  (a) Notwithstanding the provisions of subdivision (4) of subsection 2 of this section to the contrary, the terms of the second trust may:  a. Provide that an interest is held by a pooled trust as defined by Medicaid law for the benefit of the beneficiary with a disability under 42 U.S.C. Section 1396p(d)(4)(C); or  b. Contain payback provisions complying with reimbursement requirements of Medicaid law under 42 U.S.C. Section 1396p(d)(4)(A);  (b) The provisions of subdivision (3) of subsection 4 of this section shall not apply to the interests of the beneficiary with a disability; and  (c) Except as affected by any change to the interests of the beneficiary with a disability, the second trust, or if there are two or more second trusts, the second trusts in the aggregate, shall grant each other beneficiary of the first trust beneficial interests in the second trusts which are substantially similar to the beneficiary's beneficial interests in the first trust, unless such other beneficiary's interest is modified in accordance with the provisions of this section other than this subsection.  4. The following provisions apply to any exercise of the authority granted by subsection 1 of this section:  (1) If the exercise of the authority granted by subsection 1 of this section is limited by an ascertainable standard and the trustee exercising such authority is a permissible distributee of the first trust under such standard, then:  (a) The discretionary power under the trust instrument for the second trust to distribute income or principal to such trustee as a permissible distributee shall be subject to the same ascertainable standard as, or a more restrictive ascertainable standard than, such standard in the trust instrument for the first trust; and  (b) The trust instrument for the second trust shall not:  a. Modify a power of appointment granted to such trustee in the first trust; or  b. Grant a power of appointment to such trustee that did not exist in the first trust;  (2) An exercise of the authority granted by subsection 1 of this section is subject to the following limitations:  (a) If the first trust contains property that qualified, or would have qualified but for provisions of this section other than this subdivision, for a marital deduction for purposes of the gift or estate tax under the Internal Revenue Code of 1986, as amended, the trust instrument for the second trust shall not include or omit any term that, if included in or omitted from the trust instrument for the second trust, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code under which the transfer qualified;  (b) If the first trust contains property that qualified, or would have qualified but for provisions of this section other than this subdivision, for a charitable deduction for purposes of the income, gift, or estate tax under the Internal Revenue Code of 1986, as amended, the trust instrument for the second trust shall not include or omit any term that, if included in or omitted from the trust instrument for the second trust, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code under which the transfer qualified;  (c) If the first trust contains property that qualified, or would have qualified but for provisions of this section other than this subdivision, for the exclusion from the gift tax described in Section 2503(b) of the Internal Revenue Code of 1986, as amended, the trust instrument for the second trust shall not include or omit a term that, if included in or omitted from the trust instrument for the second trust, would have prevented the transfer from qualifying under Section 2503(b) of the Internal Revenue Code. If the first trust contains property that qualified, or would have qualified but for provisions of this section other than this subdivision, for the exclusion from the gift tax described in Section 2503(b) of the Internal Revenue Code, by application of Section 2503(c) of the Internal Revenue Code, the trust instrument for the second trust shall not include or omit a term that, if included or omitted from the trust instrument for the second trust, would have prevented the transfer from meeting the requirements of Section 2503(c) of the Internal Revenue Code;  (d) If the property of the first trust includes shares of stock in an S corporation, as defined in Section 1361 of the Internal Revenue Code of 1986, as amended, and the first trust is, or but for provisions of this section other than this subdivision would be, a permitted shareholder under any provision of Section 1361 of the Internal Revenue Code, the trustee of the first trust may exercise such authority with respect to part or all of the S corporation stock only if the second trust receiving the stock is a permitted shareholder under Section 1361(c)(2) of the Internal Revenue Code. If the property of the first trust includes shares of stock in an S corporation and the first trust is, or but for provisions of this section other than this subdivision would be, a qualified subchapter-S trust within the meaning of Section 1361(d) of the Internal Revenue Code, the trust instrument for the second trust shall not include or omit a term that prevents the second trust from qualifying as a qualified subchapter-S trust; and  (e) If the first trust contains property that qualified, or would have qualified but for provisions of this section other than this subdivision, for a zero inclusion ratio for purpose of the generation-skipping transfer tax under Section 2642(c) of the Internal Revenue Code of 1986, as amended, the trust instrument for the second trust shall not include or omit a term that, if included in or omitted from the first trust, would have prevented the transfer to the first trust from qualifying for a zero inclusion ratio under Section 2642(c) of the Internal Revenue Code;  (3) The exercise of such authority does not apply to trust property subject to a presently exercisable power of withdrawal held by a trust beneficiary to whom, or for the benefit of whom, the trustee has authority to make distributions, unless after the exercise of such authority, such beneficiary's power of withdrawal is unchanged with respect to the trust property; and  (4) A spendthrift clause or a provision in the trust instrument that prohibits amendment or revocation of the trust shall not preclude the trustee from exercising the authority granted by subsection 1 of this section.  5. At least sixty days prior to making a discretionary distribution under subsection 1 of this section, the trustee of the first trust shall notify the permissible distributees of the first trust and the permissible distributees of the second trust of the distribution. A beneficiary may waive the right to the notice required by this subsection and, with respect to future distributions, may withdraw a waiver previously given.  6. In exercising the authority granted by subsection 1 of this section, the trustee shall remain subject to all fiduciary duties otherwise imposed under the trust instrument and Missouri law.  7. This section does not impose on a trustee a duty to exercise the authority granted by subsection 1 of this section in favor of another trust or to consider exercising such authority in favor of another trust.  8. A second trust may have a duration that is the same as or different from the duration of the first trust. However, to the extent that property of the second trust is attributable to property of the first trust, the property of the second trust is subject to any rules governing maximum perpetuity, accumulation, or suspension of the power of alienation which apply to property of the first trust. The provisions of this subsection shall not preclude the creation of a general power of appointment in the trust instrument for a second trust as authorized by subdivision (5) of subsection 2 of this section.  9. In the event the trust instrument for the second trust in part does not comply with this section but would otherwise be effective under this section, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:  (1) A provision in the trust instrument for the second trust which is not permitted under this section is void to the extent necessary to comply with this section; and  (2) A provision required by this section to be in the trust instrument for the second trust which is not contained in the trust instrument is deemed to be included in the trust instrument to the extent necessary to comply with this section.  10. This section is intended to codify and, from and after enactment, to provide certain limitations to the common law of this state, and this section applies to any trust governed by the laws of this state, including a trust whose principal place of administration is transferred to this state before or after the enactment of this section. -------- (L. 2011 S.B. 59, A.L. 2022 S.B. 886)
Effective - 28 Aug 2014   456.4-420. No-contest clause, claims for relief.  1. If a trust instrument containing a no-contest clause is or has become irrevocable, an interested person may file a petition to the court for an interlocutory determination whether a particular motion, petition, or other claim for relief by the interested person would trigger application of the no-contest clause or would otherwise trigger a forfeiture that is enforceable under applicable law and public policy.  2. The petition described in subsection 1 of this section shall be verified under oath. The petition may be filed by an interested person either as a separate judicial proceeding, or brought with other claims for relief in a single judicial proceeding, all in the manner prescribed generally for such proceedings under this chapter. If a petition is joined with other claims for relief, the court shall enter its order or judgment on the petition before proceeding any further with any other claim for relief joined therein. In ruling on such a petition, the court shall consider the text of the clause, the context to the terms of the trust instrument as a whole, and in the context of the verified factual allegations in the petition. No evidence beyond the pleadings and the trust instrument shall be taken except as required to resolve an ambiguity in the no-contest clause.  3. An order or judgment determining a petition described in subsection 1 of this section shall have the effect set forth in subsections 4 and 5 of this section, and shall be subject to appeal as with other final judgments. If the order disposes of fewer than all claims for relief in a judicial proceeding, that order is subject to interlocutory appeal in accordance with the applicable rules for taking such an appeal. If an interlocutory appeal is taken, the court may stay the pending judicial proceeding until final disposition of said appeal on such terms and conditions as the court deems reasonable and proper under the circumstances. A final ruling on the applicability of a no-contest clause shall not preclude any later filing and adjudication of other claims related to the trust.  4. An order or judgment, in whole or in part, on a petition described in subsection 1 of this section shall result in the no-contest clause being enforceable to the extent of the court's ruling, and shall govern application of the no-contest clause to the extent that the interested person then proceeds forward with the claims described therein. In the event such an interlocutory order or judgment is vacated, reversed, or otherwise modified on appeal, no interested person shall be prejudiced by any reliance, through action, inaction, or otherwise, on the order or judgment prior to final disposition of the appeal.  5. An order or judgment shall have effect only as to the specific trust terms and factual basis recited in the petition. If claims are later filed that are materially different than those upon which the order or judgment is based, then to the extent such new claims are raised, the party in whose favor the order or judgment was entered shall have no protection from enforcement of the no-contest clause otherwise afforded by the order and judgment entered under this section.  6. For purposes of this section, a "no-contest clause" shall mean a provision in a trust instrument purporting to rescind a donative transfer to, or a fiduciary appointment of, any person, or that otherwise effects a forfeiture of some or all of an interested person's beneficial interest in a trust estate as a result of some action taken by the beneficiary. This definition shall not be construed in any way as determining whether a no-contest clause is enforceable under applicable law and public policy in a particular factual situation. As used in this section, the term "no-contest clause" shall also mean an "in terrorem clause".  7. A no-contest clause is not enforceable against an interested person in, but not limited to, the following circumstances:  (1) Filing a motion, petition, or other claim for relief objecting to the jurisdiction or venue of the court over a proceeding concerning a trust, or over any person joined, or attempted to be joined, in such a proceeding;  (2) Filing a motion, petition, or other claim for relief concerning an accounting, report, or notice that has or should have been made by a trustee, provided the interested person otherwise has standing to do so under applicable law, including, but not limited to, section 456.6-603;  (3) Filing a motion, petition, or other claim for relief under chapter 475 concerning the appointment of a guardian or conservator for the settlor;  (4) Filing a motion, petition, or other claim for relief under chapter 404 concerning the settlor;  (5) Disclosure to any person of information concerning a trust instrument or that is relevant to a proceeding before the court concerning the trust instrument or property of the trust estate, unless such disclosure is otherwise prohibited by law;  (6) Filing a motion, pleading, or other claim for relief seeking approval of a nonjudicial settlement agreement concerning a trust instrument, as set forth in section 456.1-111;  (7) To the extent a petition under subsection 1 of this section is limited to the procedure and purpose described therein.  8. In any proceeding brought under this section, the court may award costs, expenses, and attorneys' fees to any party, as provided in section 456.10-1004. -------- (L. 2014 H.B. 1231 merged with S.B. 500 merged with S.B. 621) 
Effective - 28 Aug 2007, 2 histories   456.5-501. Rights of beneficiary's creditor or assignee, exceptions.  Except as otherwise provided in sections 456.5-502 to 456.5-507, to the extent a beneficiary's interest is not subject to a spendthrift provision, an assignee or a judgment creditor of the beneficiary may, without court order, reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892, A.L. 2007 H.B. 220) 
Effective - 01 Jan 2005   456.5-502. Spendthrift provision.  1. A spendthrift provision is valid if it restrains either the voluntary or involuntary transfer or both the voluntary and involuntary transfer of a beneficiary's interest.  2. A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both voluntary and involuntary transfers of the beneficiary's interest.  3. A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in sections 456.5-501 to 456.5-507, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.5-503. Exceptions to spendthrift provision.  1. In this section,  (1) "Child" includes any person for whom an order or judgment for child support has been entered in this or another state, and  (2) "Judgment" means a judgment which may be executed in this state.  2. Even if a trust contains a spendthrift provision, a beneficiary's child, spouse, or former spouse who has a judgment against the beneficiary for support or maintenance, or a judgment creditor who has provided services for the protection of a beneficiary's interest in the trust, may obtain from a court an order attaching present or future trust income. If there is more than one permissible distributee, the court may grant relief as is equitable under the circumstances.  3. A spendthrift provision is unenforceable against a claim of this state or the United States to the extent a statute of this state or federal law so provides. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2022, 2 histories   456.5-504. Discretionary trusts, interest not enforceable, when  applicability  effect of standard  limitation on access to records.  1. A beneficiary's interest in a trust that is subject to the trustee's discretion does not constitute an interest in property or an enforceable right even if the discretion is expressed in the form of a standard of distribution or the beneficiary is then serving as a trustee or cotrustee. A creditor or other claimant may not attach present or future distributions from such an interest or right, obtain an order from a court forcing the judicial sale of the interest or compelling the trustee to make distributions, or reach the interest or right by any other means, even if the trustee has abused the trustee's discretion.  2. This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.  3. This section applies whether or not an interest is subject to a spendthrift provision.  4. For purposes of this section, a beneficiary's interest in a trust is subject to the trustee's discretion if that interest does not constitute a mandatory distribution as defined in subsection 1 of section 456.5-506.  5. Whether or not a trust contains a spendthrift provision, no creditor or other person making a claim against a beneficiary shall be entitled to any information relating to the trust's assets or other trust records if distributions to the beneficiary are solely within the discretion of the trustee. The provisions of this subsection shall apply during the term of the trust, regardless of whether the beneficiary is also a potential remainder beneficiary of the trust. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892, A.L. 2022 S.B. 886)
Effective - 28 Aug 2022, 3 histories   456.5-505. Creditor's claim against settlor.  1. Whether or not the terms of a trust contain a spendthrift provision, during the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors.  2. With respect to an irrevocable trust without a spendthrift provision, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit. If a trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution.  3. With respect to an irrevocable trust with a spendthrift provision, a spendthrift provision will prevent the settlor's creditors from satisfying claims from the trust assets except:  (1) Where the conveyance of assets to the trust was fraudulent as to creditors pursuant to the provisions of chapter 428; or  (2) To the extent of the settlor's beneficial interest in the trust assets, if at the time the trust became irrevocable:  (a) The settlor was the sole beneficiary of either the income or principal of the trust or retained the power to amend the trust; or  (b) The settlor was one of a class of beneficiaries and retained a right to receive a specific portion of the income or principal of the trust that was determinable solely from the provisions of the trust instrument.  4. In the event that a trust meets the requirements set forth in subsection 3 of this section, a settlor's creditors may not reach the settlor's beneficial interest in that trust, regardless of:  (1) Any testamentary power of appointment that is exercisable by the settlor, by a will or other written instrument, in favor of any appointees other than the settlor, the settlor's estate, the settlor's creditors, or the creditors of the settlor's estate; or  (2) The settlor's power to veto distributions from the trust.  5. Any trustee who has a duty or power to pay the debts of a deceased settlor may publish a notice in a newspaper published in the county designated in subdivision (3) of this subsection once a week for four consecutive weeks in substantially the following form:    To all persons interested in the estate of _________ , decedent. The undersigned _________  is acting as Trustee under a trust the terms of which provide that the debts of the decedent may be paid by the Trustee(s) upon receipt of proper proof thereof. The address of the Trustee is _________ .     All creditors of the decedent are noticed to present their claims to the undersigned within six (6) months from the date of the first publication of this notice or be forever barred.     __________________ Trustee    (1) If such publication is duly made by the trustee, any debts not presented to the trustee within six months from the date of the first publication of the preceding notice shall be forever barred as against the trustee and the trust property.  (2) A trustee shall not be liable to account to the decedent's personal representative under the provisions of section 461.300 by reason of any debt barred under the provisions of this subsection.  (3) Such publication shall be in a newspaper published in:  (a) The county in which the domicile of the settlor at the time of his or her death is situated;  (b) If the settlor had no domicile in this state at the time of his or her death, any county wherein trust assets are located; except that, when the major part of the trust assets in this state consist of real estate, the notice shall be published in the county in which the real estate or the major part thereof is located; or  (c) If the settlor had no domicile in this state at the time of his or her death and no trust assets are located therein, the county wherein the principal place of administration of the trust is located.  (4) For purposes of this subsection, the term "domicile" means the place in which the settlor voluntarily fixed his or her abode, not for a mere special or temporary purpose, but with a present intention of remaining there permanently or for an indefinite term.  6. For purposes of this section:  (1) During the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power; and  (2) Upon the lapse, release, or waiver of the power, the holder is treated as the settlor of the trust only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in Sections 2041(b)(2), 2514(e) or 2503(b) of the Internal Revenue Code.  7. For all purposes of sections* 456.5-501 to 456.5-508, the settlor of any of the following trusts, known as the "first trust" in this subsection, shall not be treated as the settlor of any other trust, known as the "second trust" in this subsection, that is created pursuant to the exercise of a power of appointment over the first trust if the settlor is a beneficiary of the second trust:  (1) An irrevocable inter vivos trust for the benefit of the settlor's spouse that qualifies for the marital deduction from the federal gift tax under Section 2523(e) of the Internal Revenue Code;  (2) An irrevocable inter vivos trust for the benefit of the settlor's spouse that qualifies for the marital deduction from the federal gift tax under Section 2523(f) of the Internal Revenue Code;  (3) An irrevocable inter vivos trust for the benefit of the settlor's spouse, or the settlor's spouse and other beneficiaries, where the settlor's spouse is the beneficiary who exercises the power of appointment to create the second trust; and  (4) An irrevocable inter vivos trust where any beneficiary exercises a general power of appointment to create the second trust.  8. This section shall not apply to a spendthrift trust described, defined, or established in section 456.014. -------- (L. 2004 H.B. 1511, A.L. 2009 H.B. 239, A.L. 2011 S.B. 59, A.L. 2022 S.B. 886) *Word "section" appears in original rolls.
Effective - 28 Aug 2006   456.5-506. Mandatory distribution defined  overdue distribution.  1. As used in this section, "mandatory distribution" means a distribution of income or principal which the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term does not include a distribution subject to the exercise of the trustee's discretion even if (1) the discretion is expressed in the form of a standard of distribution, or (2) the terms of the trust authorizing a distribution couple language of discretion with language of direction.  2. Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the required distribution date. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892) 
Effective - 01 Jan 2005   456.5-507. Personal obligations of trustee.  Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2016, 2 histories   456.5-508. Creditor claim, appointive property not subject to, when.  1. Except as provided in sections 456.970 to 456.1135:  (1) Appointive property subject to a general power of appointment exercisable only at the powerholder's death is not subject to the claim of a creditor;  (2) Appointive property subject to a nongeneral power of appointment is not subject to the claim of a creditor.  2. This section shall not limit the ability of a creditor or other claimant to reach a beneficial interest as otherwise provided in sections 456.5-501 to 456.5-507.  3. As used in this section, the terms "appointive property", "general power of appointment", "nongeneral power of appointment", and "claim of a creditor" shall have the same meaning as defined in section 456.975. -------- (L. 2011 S.B. 59, A.L. 2016 H.B. 1765)
Effective - 01 Jan 2005   456.6-601. Capacity of settlor of revocable trust.  The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.6-602. Revocation or amendment of revocable trust.  1. Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before January 1, 2005.  2. If a revocable trust is created or funded by more than one settlor:  (1) to the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses; and  (2) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution.  3. The settlor may revoke or amend a revocable trust:  (1) if the terms of the trust provide a method of amendment or revocation, by substantially complying with any method provided in the terms of the trust; or  (2) if the terms of the trust do not provide a method, by any other method manifesting clear and convincing evidence of the settlor's intent, including the terms of a later duly probated will or codicil that identify the trust being revoked or the trust terms being amended.  4. Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.  5. A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or the power.  6. A conservator of the settlor or, if no conservator has been appointed, a conservator ad litem of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the conservator or the conservator ad litem.  7. A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.6-603. Settlor's powers  powers of withdrawal.  1. While a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.  2. A settlor is presumed to have capacity for the purposes of subsection 1 of this section until either the settlor is adjudicated totally incapacitated or disabled or the trustee has received an affidavit of incapacity.  3. If a revocable trust has more than one settlor, the duties of the trustee are owed to all of the settlors having capacity to revoke the trust.  4. During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.  5. In this section, an "affidavit of incapacity" means a written certificate furnished by at least one licensed medical doctor that states that the settlor lacks capacity to revoke the trust. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.6-604. Limitation on action contesting validity of revocable trust  distribution of trust property.  1. A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earliest of:  (1) two years after the settlor's death;  (2) six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding; or  (3) in the case of a trust that was revocable at the settlor's death that is entitled to a distribution under the settlor's will, on the date that any contest of that will is barred under the provisions of section 473.083, provided that a copy of the trust instrument was filed with the probate division within ninety days of the first publication of notice of granting of letters on the estate of the decedent under section 473.033.  2. For purposes of subdivision (2) of subsection 1 of this section, the trustee may provide the documentation and information set forth in that subsection to:  (1) all persons who would be entitled to notice of granting of letters on the estate of the decedent under section 473.033; and  (2) all persons whose interests are, in the opinion of the trustee, adversely affected by the terms of the trust.  3. Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:  (1) the trustee knows of a pending judicial proceeding contesting the validity of the trust; or  (2) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty days after the contestant sent the notification.  4. A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.7-701. Accepting of declining trusteeship.  1. Except as otherwise provided in subsection 3 of this section, a person designated as trustee accepts the trusteeship:  (1) by substantially complying with a method of acceptance provided in the terms of the trust; or  (2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.  2. A person designated as trustee who has not yet accepted the trusteeship may decline the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have declined the trusteeship.  3. A person designated as trustee, without accepting the trusteeship, may:  (1) act to preserve the trust property if, within a reasonable time after acting, the person sends a declination of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary; and  (2) inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.7-702. Trustee's bond.  1. A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement.  2. The court may specify the amount of a bond, its liabilities, and whether sureties are necessary. The court may modify or terminate a bond at any time. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2006   456.7-703. Cotrustees.  1. Cotrustees shall act by majority decision.  2. If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.  3. A cotrustee must participate in the performance of a trustee's function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another trustee.  4. If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.  5. A trustee may delegate to a cotrustee the performance of a function in accordance with subsection 1 of section 456.8-807. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made.  6. Except as otherwise provided in subsection 7 of this section, a trustee who does not join in an action of another trustee is not liable for the action.  7. Each trustee shall exercise reasonable care to:  (1) prevent a cotrustee from committing a serious breach of trust; and  (2) compel a cotrustee to redress a serious breach of trust.  8. A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892) 
Effective - 01 Jan 2005   456.7-704. Vacancy in trusteeship  appointment of successor.  1. A vacancy in a trusteeship occurs if:  (1) a person designated as trustee declines the trusteeship;  (2) a person designated as trustee cannot be identified or does not exist;  (3) a trustee resigns;  (4) a trustee is disqualified or removed;  (5) a trustee dies; or  (6) a guardian or conservator is appointed for an individual serving as trustee.  2. If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.  3. A vacancy in a trusteeship required to be filled must be filled in the following order of priority:  (1) by a person designated in or pursuant to the terms of the trust to act as successor trustee;  (2) by a person appointed by a majority in number of the qualified beneficiaries; or  (3) by a person appointed by the court.  4. Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.7-705. Resignation of trustee.  1. A trustee may resign:  (1) upon at least 30 days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or  (2) with the approval of the court.  2. In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.  3. Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2016, 2 histories   456.7-706. Removal of trustee.  1. The settlor, a cotrustee, or a qualified beneficiary may request the court to remove a trustee, or a trustee may be removed and replaced by the court within its discretion on its own initiative.  2. The court within its discretion may remove and replace a trustee under the following circumstances:  (1) the trustee has committed a serious breach of trust;  (2) lack of cooperation among cotrustees substantially impairs the administration of the trust;  (3) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or  (4) the trustee has substantially and materially reduced the level of services provided to that trust and has failed to reinstate a substantially equivalent level of services within ninety days after receipt of notice by the settlor, a cotrustee, or a qualified beneficiary or removal is requested by all of the qualified beneficiaries and in either such case the party seeking removal establishes to the court that:  (a) removal of the trustee best serves the interests of all of the beneficiaries;  (b) removal of the trustee is not inconsistent with a material purpose of the trust; and  (c) a suitable cotrustee or successor trustee is available and willing to serve.  3. In an action to remove a trustee under subdivision (4) of subsection 2 of this section, the following apply:  (1) In the event that a corporation is the trustee being removed, a replacement cotrustee or successor trustee shall be such trustee or trustees as the court finds suitable under the circumstances.  (2) In the event that a successor trustee is not appointed under the provisions of section 456.7-704 or the court finds that all potential successor trustees are not suitable, then the court may appoint such trustee or trustees as the court finds suitable under the circumstances.  (3) With respect to a trust created under an instrument executed before January 1, 2005, the provisions of subdivision (4) of subsection 2 of this section shall not apply if the instrument contains any language or procedures concerning removal of any trustee designated in the trust instrument.  4. Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under subsection 2 of section 456.10-1001 as may be necessary to protect the trust property or the interests of the beneficiaries. -------- (L. 2004 H.B. 1511, A.L. 2016 H.B. 1765)
Effective - 01 Jan 2005   456.7-707. Delivery of property by former trustee.  1. Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.  2. A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to it. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.7-708. Compensation of trustee.  1. If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances.  2. If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if:  (1) the duties of the trustee are substantially different from those contemplated when the trust was created; or  (2) the compensation specified by the terms of the trust would be unreasonably low or high.  3. For purposes of this section, reasonable compensation may include fees that take into account the administration of both income and principal whether or not the will or trust instrument contains provisions relating to compensation of the trustee. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.7-709. Reimbursement of expenses.  1. A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:  (1) expenses that were properly incurred in the administration of the trust; and  (2) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.  2. An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.8-801. Duty to administer trust.  Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with sections 456.1-101 to 456.11-1106. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2008   456.8-802. Duty of loyalty.  1. A trustee shall administer the trust solely in the interests of the beneficiaries.  2. Subject to the rights of persons dealing with or assisting the trustee as provided in section 456.10-1012, a sale, encumbrance, or other transaction involving the investment or management of trust property entered into by the trustee for the trustee's own personal account or which is otherwise affected by a conflict between the trustee's fiduciary and personal interests is voidable by a beneficiary affected by the transaction unless:  (1) the transaction was authorized by the terms of the trust;  (2) the transaction was approved by the court;  (3) the beneficiary did not commence a judicial proceeding within the time allowed by section 456.10-1005;  (4) the beneficiary consented to the trustee's conduct, ratified the transaction, or released the trustee in compliance with section 456.10-1009; or  (5) the transaction involves a contract entered into or claim acquired by the trustee before the person became or contemplated becoming trustee.  3. A sale, encumbrance, or other transaction involving the investment or management of trust property is presumed to be affected by a conflict between personal and fiduciary interests if it is entered into by the trustee with:  (1) the trustee's spouse;  (2) the trustee's descendants, siblings, parents, or their spouses;  (3) an agent or attorney of the trustee; or  (4) a corporation or other person or enterprise in which the trustee, or a person that owns a significant interest in the trustee, has an interest that might affect the trustee's best judgment.  4. A transaction between a trustee and a beneficiary that does not concern trust property but that occurs during the existence of the trust or while the trustee retains significant influence over the beneficiary and from which the trustee obtains an advantage is voidable by the beneficiary unless the trustee establishes that the transaction was fair to the beneficiary.  5. A transaction not concerning trust property in which the trustee engages in the trustee's individual capacity involves a conflict between personal and fiduciary interests if the transaction concerns an opportunity properly belonging to the trust.  6. The following transactions are not presumed to be affected by a conflict between the trustee's personal and fiduciary interest provided that any investment made pursuant to the transaction complies with the Missouri prudent investor act.  (1) an investment by a trustee in securities of an investment company or investment trust, or in shares or interests in a partnership or limited liability company or other entity that operates as a privately offered investment fund, to which the trustee, or its affiliate, provides services in a capacity other than as trustee.  (2) the placing of securities transactions by a trustee through a securities broker that is a part of the same company as the trustee, is owned by the trustee, or is affiliated with the trustee.  (3) in addition to the trustee's fees charged to the trust, the trustee, its affiliate, or associated entity may be compensated for any transaction or provision of services described in this subsection 6 or in subdivision (4), (5), or (6) of subsection 8 of this section; provided, however, that with respect to any investment in securities of an investment company or investment trust, or in shares or interests in a partnership or limited liability company or other entity that operates as a privately offered investment fund, to which the trustee or its affiliate provides investment advisory or investment management services or any services described in subdivision (5) of subsection 8 of this section, the trustee shall at least annually notify the persons entitled under section 456.8-813 to receive a copy of the trustee's annual report of the rate or method by which the compensation was determined.  7. In voting shares of stock or in exercising powers of control over similar interests in other forms of enterprise, the trustee shall act in the best interests of the beneficiaries. If the trust is the sole owner of a corporation or other form of enterprise, the trustee shall elect or appoint directors or other managers who will manage the corporation or enterprise in the best interests of the beneficiaries.  8. The following transactions, if fair to the beneficiaries, are not presumed to be affected by a conflict between personal and fiduciary interests and are not precluded by this section:  (1) an agreement between a trustee and a beneficiary relating to the appointment or compensation of the trustee;  (2) payment of reasonable compensation to the trustee;  (3) a transaction between a trust and another trust, decedent's estate, or conservatorship of which the trustee is a fiduciary or in which a beneficiary has an interest;  (4) a deposit of trust money in a financial institution operated by the trustee or an affiliate;  (5) a delegation and any transaction made pursuant to the delegation from a trustee to an agent that is affiliated or associated with the trustee, provided that notice of any compensation paid pursuant to the delegation is given as provided in subdivision (3) of subsection 6 of this section; or  (6) any loan from the trustee or its affiliate.  9. The court may appoint a special fiduciary to make a decision with respect to any proposed transaction that might violate this section if entered into by the trustee. -------- (L. 2004 H.B. 1511, A.L. 2008 S.B. 1235) 
Effective - 01 Jan 2005   456.8-803. Impartiality.  If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.8-804. Prudent administration.  A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.8-805. Costs of administration.  In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.8-806. Trustee's skills.  A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, shall use those special skills or expertise. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.8-807. Delegation by trustee.  1. A trustee may delegate to an agent duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:  (1) selecting an agent;  (2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and  (3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.  2. In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.  3. A trustee who complies with subsection 1 of this section is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.  4. By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2018, 2 histories   456.8-808. Powers to direct  trust protector, powers, limitations.  1. While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.  2. A trust instrument may provide for one or more persons, not then serving as a trustee and not the settlor or a beneficiary, to be given any powers over the trust as expressly granted in the trust instrument. Any such person may be identified and appointed as a trust protector or similar term. Whenever a trust instrument names, appoints, authorizes, or otherwise designates a trust protector, the trust shall be deemed a directed trust.  3. A trust protector appointed in the trust instrument shall have only the powers granted to the trust protector by the express terms of the trust instrument, and a trust protector is only authorized to act within the scope of the authority expressly granted in the trust instrument. Without limiting the authority of the settlor to grant powers to a trust protector, the express powers that may be granted include, but are not limited to, the following:  (1) Remove and appoint a trustee or a trust protector or name a successor trustee or trust protector;  (2) Modify or amend the trust instrument to:  (a) Achieve favorable tax status or respond to changes in the Internal Revenue Code or state law, or the rulings and regulations under such code or law;  (b) Reflect legal changes that affect trust administration;  (c) Correct errors or ambiguities that might otherwise require court construction; or  (d) Correct a drafting error that defeats a grantor's intent;  (3) Increase, decrease, modify, or restrict the interests of the beneficiary or beneficiaries of the trust;  (4) Terminate the trust in favor of the beneficiary or beneficiaries of the trust;  (5) Change the applicable law governing the trust and the trust situs; or  (6) Such other powers as are expressly granted to the trust protector in the trust instrument.  4. Notwithstanding any provision in the trust instrument to the contrary, a trust protector shall have no power to modify a trust to:  (1) Remove a requirement from a trust created to meet the requirements of 42 U.S.C. Section 1396p(d)(4) to pay back a governmental entity for benefits provided to the permissible beneficiary of the trust at the death of that beneficiary; or  (2) Reduce or eliminate an income interest of the income beneficiary of any of the following types of trusts:  (a) A trust for which a marital deduction has been taken for federal tax purposes under Section 2056 or 2523 of the Internal Revenue Code or for state tax purposes under any comparable provision of applicable state law, during the life of the settlor's spouse;  (b) A charitable remainder trust under Section 664 of the Internal Revenue Code, during the life of the noncharitable beneficiary;  (c) A grantor retained annuity trust under Section 2702 of the Internal Revenue Code, during any period in which the settlor is a beneficiary; or  (d) A trust for which an election as a qualified Sub-Chapter S Trust under Section 1361(d) of the Internal Revenue Code is currently in place.  5. Except to the extent otherwise provided in a trust instrument specifically referring to this subsection, the trust protector shall not exercise a power in a way that would result in a taxable gift for federal gift tax purposes or cause the inclusion of any assets of the trust in the trust protector's gross estate for federal estate tax purposes.  6. Except to the extent otherwise provided in the trust instrument and in subsection 7 of this section, and notwithstanding any provision of sections 456.1-101 to 456.11-1106 to the contrary:  (1) A trust protector shall act in a fiduciary capacity in carrying out the powers granted to the trust protector in the trust instrument, and shall have such duties to the beneficiaries, the settlor, or the trust as set forth in the trust instrument, provided that the trust instrument may provide that the trust protector shall act in a nonfiduciary capacity. A trust protector is not a trustee, and is not liable or accountable as a trustee when performing or declining to perform the express powers given to the trust protector in the trust instrument. A trust protector is not liable for the acts or omissions of any fiduciary or beneficiary under the trust instrument;  (2) A trust protector is exonerated from any and all liability for the trust protector's acts or omissions, or arising from any exercise or nonexercise of the powers expressly conferred on the trust protector in the trust instrument, unless it is established by a preponderance of the evidence that the acts or omissions of the trust protector were done or omitted in breach of the trust protector's duty, in bad faith or with reckless indifference;  (3) A trust protector is authorized to exercise the express powers granted in the trust instrument at any time and from time to time after the trust protector acquires knowledge of their appointment as trust protector and of the powers granted. The trust protector may take any action, judicial or otherwise, necessary to carry out the duties given to the trust protector in the trust instrument;  (4) A trust protector is entitled to receive, from the assets of the trust for which the trust protector is acting, reasonable compensation, and reimbursement of the reasonable costs and expenses incurred, in determining whether to carry out, and in carrying out, the express powers given to the trust protector in the trust instrument;  (5) A trust protector is entitled to receive, from the assets of the trust for which the trust protector is acting, reimbursement of the reasonable costs and expenses, including attorney's fees, of defending any claim made against the trust protector arising from the acts or omissions of the trust protector acting in that capacity unless it is established by clear and convincing evidence that the trust protector was acting in bad faith or with reckless indifference; and  (6) The express powers granted in the trust instrument shall not be exercised by the trust protector for the trust protector's own personal benefit.  7. If a trust protector is granted a power in the trust instrument to direct, consent to, or disapprove a trustee's actual or proposed investment decision, distribution decision, or other decision of the trustee required to be performed under applicable trust law in carrying out the duties of the trustee in administering the trust, then only with respect to such power, excluding the powers identified in subsection 3 of this section, the trust protector shall have the same duties and liabilities as if serving as a trustee under the trust instrument unless the trust instrument expressly provides otherwise. In carrying out any written directions given to the trustee by the trust protector concerning actual or proposed investment decisions, the trustee shall not be subject to the provisions of sections 469.900 to 469.913. For purposes of this subsection, "investment decisions" means, with respect to any investment, decisions to retain, purchase, sell, exchange, tender, or otherwise engage in transactions affecting the ownership of investments or rights therein and, with respect to nonpublicly traded investments, the valuation thereof.  8. Any trustee of a directed trust shall not be accountable under the law or equity for any act or omission of a trust protector and shall stand absolved from liability for executing the decisions or instructions from a trust protector or for monitoring the actions or inactions of a trust protector. A trustee shall take reasonable steps to facilitate the activity of a trust protector in a directed trust. A trustee shall carry out the written directions given to the trustee by a trust protector acting within the scope of the powers expressly granted to the trust protector in the trust instrument. Except as otherwise provided in the trust instrument, the trustee shall not be liable for any loss resulting directly or indirectly from any act taken or omitted as a result of the written direction of the trust protector or the failure of the trust protector to provide consent. Except as otherwise provided in the trust instrument, the trustee shall have no duty to monitor the conduct of the trust protector, provide advice to or consult with the trust protector, or communicate with or warn or apprise any beneficiary concerning instances in which the trustee would or might have exercised the trustee's own discretion in a manner different from the manner directed by the trust protector. Except as otherwise provided in the trust instrument, any actions taken by the trustee at the trust protector's direction shall be deemed to be administrative actions taken by the trustee solely to allow the trustee to carry out the instructions of the trust protector and shall not be deemed to constitute an act by the trustee to monitor the trust protector or otherwise participate in actions within the scope of the trust protector's authority. Whenever a directed trust reserves to a person or vests in an advisory or investment committee authority to direct the making or retention of any investment, to the exclusion of the trustee or trustees, the excluded trustee or trustees shall not be liable, individually or as a trustee, for any loss resulting from the making or retention of any investment pursuant to such direction.  9. Except to the extent otherwise expressly provided in the trust instrument, the trust protector shall be entitled to receive information regarding the administration of the trust as follows:  (1) Upon the request of the trust protector, unless unreasonable under the circumstances, the trustee shall promptly provide to the trust protector any and all information related to the trust that may relate to the exercise or nonexercise of a power expressly granted to the trust protector in the trust instrument. The trustee has no obligation to provide any information to the trust protector except to the extent a trust protector requests information under this section;  (2) The request of the trust protector for information under this section shall be with respect to a single trust that is sufficiently identified to enable the trustee to locate the records of the trust; and  (3) If the trustee is bound by any confidentiality restrictions with respect to an asset of a trust, a trust protector who requests information under this section about such asset shall agree to be bound by the confidentiality restrictions that bind the trustee before receiving such information from the trustee.  10. A trust protector may resign by giving thirty days' written notice to the trustee and any successor trust protector. A successor trust protector, if any, shall have all the powers expressly granted in the trust instrument to the resigning trust protector unless such powers are expressly modified for the successor trust protector.  11. A trust protector of a trust having its principal place of administration in this state submits personally to the jurisdiction of the courts of this state during any period that the principal place of administration of the trust is located in this state and the trust protector is serving in such capacity. The trust instrument may also provide that a trust protector is subject to the personal jurisdiction of the courts of this state as a condition of appointment. -------- (L. 2004 H.B. 1511, A.L. 2012 S.B. 628, A.L. 2018 H.B. 1250) 
Effective - 01 Jan 2005   456.8-809. Control and protection of trust property.  A trustee shall take reasonable steps to take control of and protect the trust property, except that this duty does not apply to, and the trustee is not responsible for, items of tangible personal property that are property of a trust revocable by the settlor and that are not in the possession or control of the trustee. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.8-810. Record keeping and identification of trust property.  1. A trustee shall keep adequate records of the administration of the trust.  2. A trustee shall keep trust property separate from the trustee's own property.  3. Except as otherwise provided in subsection 4 of this section, a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.  4. If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.8-811. Enforcement and defense of claims.  A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 01 Jan 2005   456.8-812. Collecting trust property.  A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2011, 2 histories   456.8-813. Duty to inform and report  inapplicable, when.  1. (1) A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. A trustee shall be presumed to have fulfilled this duty if the trustee complies with the notice and information requirements prescribed in subsections 2 to 7 of this section.  (2) Unless unreasonable under the circumstances, a trustee shall promptly respond to a beneficiary's request for information related to the administration of the trust.  2. A trustee:  (1) upon request of a beneficiary, shall promptly furnish to the beneficiary a copy of the trust instrument;  (2) within one hundred * twenty days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance and of the trustee's name, address, and telephone number;  (3) within one hundred * twenty days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument, and of the right to a trustee's report as provided in subsection 3 of this section; and  (4) shall notify the qualified beneficiaries in advance of any change in the method or rate of the trustee's compensation.  3. A trustee shall send to the permissible distributees of trust income or principal, and to other beneficiaries who request it, at least annually and at the termination of the trust, a report of the trust property, liabilities, receipts, and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets and, if feasible, their respective market values. Upon a vacancy in a trusteeship, unless a cotrustee remains in office, a report must be sent to the qualified beneficiaries by the former trustee. A personal representative, conservator, or guardian may send the qualified beneficiaries a report on behalf of a deceased or incapacitated trustee.  4. A beneficiary may waive the right to a trustee's report or other information otherwise required to be furnished under this section. A beneficiary, with respect to future reports and other information, may withdraw a waiver previously given.  5. A trustee may charge a reasonable fee to a beneficiary for providing information under this section.  6. The request of any beneficiary for information under any provision of this section shall be with respect to a single trust that is sufficiently identified to enable the trustee to locate the records of the trust.  7. If the trustee is bound by any confidentiality restrictions with respect to an asset of a trust, any beneficiary who is eligible to receive information pursuant to this section about such asset shall agree to be bound by the confidentiality restrictions that bind the trustee before receiving such information from the trustee.  8. This section does not apply to a trust created under a trust instrument that became irrevocable before January 1, 2005, and the law in effect prior to January 1, 2005, regarding the subject matter of this section shall continue to apply to those trusts. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892, A.L. 2011 S.B. 59)  *Word "and" appears here in original rolls. 
Effective - 28 Aug 2006   456.8-814. Discretionary powers  tax savings.  1. Notwithstanding the use of such terms as "absolute,""sole," or "uncontrolled," in the exercise of discretion under an ascertainable standard, the trustee shall exercise such discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.  2. Subject to subsection 4 of this section, and unless the terms of the trust expressly indicate that a rule in this subsection does not apply:  (1) a person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard;  (2) a trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person; and  (3) for purposes of this subsection 2 of this section, the term "trustee" shall include a person who is deemed to have any power of a trustee, whether because such person has the right to remove or replace any trustee, because a reciprocal trust or power doctrine applies, or for any other reason.  3. A power whose exercise is limited or prohibited by subsection 2 may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, the court may appoint a special fiduciary with authority to exercise the power.  4. Subsection 2 of this section does not apply to:  (1) a power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in Section 2056(b)(5) or 2523(b)(5) of the Internal Revenue Code was previously allowed;  (2) any trust during any period that the trust may be revoked or amended by its settlor; or  (3) a trust if contributions to the trust qualify for the annual exclusion under Section 2503(c) of the Internal Revenue Code. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892) 
Effective - 01 Jan 2005   456.8-815. General powers of trustee.  1. A trustee, without authorization by the court, may exercise:  (1) powers conferred by the terms of the trust; and  (2) except as limited by the terms of the trust:  (a) all powers over the trust property which an unmarried competent owner has over individually owned property;  (b) any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and  (c) any other powers conferred by sections 456.1-101 to 456.11-1106.  2. The exercise of a power is subject to the fiduciary duties prescribed by section 456.8-801 to 456.8-814. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2008, 2 histories   456.8-816. Specific powers of trustee.  Without limiting the authority conferred by section 456.8-815, a trustee may:  (1) collect trust property and accept or reject additions to the trust property from a settlor or any other person;  (2) acquire or sell property in divided or undivided interests, for cash or on credit, at public or private sale;  (3) exchange, partition, or otherwise change the character of trust property;  (4) deposit trust money in an account in a financial institution;  (5) borrow money, with or without security, and mortgage or pledge trust property for a period within or extending beyond the duration of the trust;  (6) with respect to an interest in a proprietorship, partnership, limited liability company, business trust, corporation, or other form of business or enterprise, continue the business or other enterprise and take any action that may be taken by shareholders, members, or property owners, including merging, dissolving, or otherwise changing the form of business organization or contributing additional capital;  (7) with respect to stocks or other securities, exercise the rights of an absolute owner, including the right to:  (a) vote, or give proxies to vote, with or without power of substitution, or enter into or continue a voting trust agreement;  (b) hold a security in the name of a nominee or in other form without disclosure of the trust so that title may pass by delivery;  (c) pay calls, assessments, and other sums chargeable or accruing against the securities, and sell or exercise stock subscription or conversion rights; and  (d) deposit the securities with a depositary or other financial institution;  (8) with respect to an interest in real property, construct, or make ordinary or extraordinary repairs to, alterations to, or improvements in, buildings or other structures, demolish improvements, raze existing or erect new party walls or buildings, subdivide or develop land, dedicate land to public use or grant public or private easements, and make or vacate plats and adjust boundaries;  (9) enter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or without the option to purchase or renew, for a period within or extending beyond the duration of the trust;  (10) grant an option involving a sale, lease, or other disposition of trust property or acquire an option for the acquisition of property, including an option exercisable beyond the duration of the trust, and exercise an option so acquired;  (11) insure the property of the trust against damage or loss and insure the trustee, the trustee's agents, and beneficiaries against liability arising from the administration of the trust;  (12) abandon or decline to administer property of no value or of insufficient value to justify its collection or continued administration;  (13) with respect to possible liability for violation of environmental law:  (a) inspect or investigate property the trustee holds or has been asked to hold, or property owned or operated by an organization in which the trustee holds or has been asked to hold an interest, for the purpose of determining the application of environmental law with respect to the property;  (b) take action to prevent, abate, or otherwise remedy any actual or potential violation of any environmental law affecting property held directly or indirectly by the trustee, whether taken before or after the assertion of a claim or the initiation of governmental enforcement;  (c) decline to accept property into trust or disclaim any power with respect to property that is or may be burdened with liability for violation of environmental law;  (d) compromise claims against the trust which may be asserted for an alleged violation of environmental law; and  (e) pay the expense of any inspection, review, abatement, or remedial action to comply with environmental law;  (14) pay or contest any claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to the trust;  (15) pay taxes, assessments, compensation of the trustee and of employees and agents of the trust, and other expenses incurred in the administration of the trust;  (16) exercise elections with respect to federal, state, and local taxes;  (17) select a mode of payment under any employee benefit or retirement plan, annuity, or life insurance payable to the trustee, exercise rights thereunder, including exercise of the right to indemnification for expenses and against liabilities, and take appropriate action to collect the proceeds;  (18) make loans out of trust property, including loans to a beneficiary on terms and conditions the trustee considers to be fair and reasonable under the circumstances, and the trustee has a lien on future distributions for repayment of those loans;  (19) pledge trust property to guarantee or secure loans made by others to a beneficiary;  (20) appoint a trustee to act in another jurisdiction with respect to trust property located in the other jurisdiction, confer upon the appointed trustee all of the powers and duties of the appointing trustee, require that the appointed trustee furnish security, and remove any trustee so appointed;  (21) pay an amount distributable to a beneficiary who is under a legal disability or who the trustee reasonably believes is incapacitated, by paying it directly to the beneficiary or applying it for the beneficiary's benefit, or by:  (a) paying it to the beneficiary's conservator or, if the beneficiary does not have a conservator, the beneficiary's guardian;  (b) paying it to the beneficiary's custodian under the Missouri transfers to minors law under sections 404.005 to 404.094, or a personal custodian under sections 404.400 to 404.650, and, for that purpose, creating a custodianship or custodial trust;  (c) if the trustee does not know of a conservator, guardian, custodian, or custodial trustee, paying it to an adult relative or other person having legal or physical care or custody of the beneficiary, to be expended on the beneficiary's behalf; or  (d) managing it as a separate fund on the beneficiary's behalf, subject to the beneficiary's continuing right to withdraw the distribution;  (22) on distribution of trust property or the division or termination of a trust, make distributions in divided or undivided interests, allocate particular assets in proportionate or disproportionate shares, value the trust property for those purposes, and adjust for resulting differences in valuation;  (23) resolve a dispute concerning the interpretation of the trust or its administration by mediation, arbitration, or other procedure for alternative dispute resolution;  (24) prosecute or defend an action, claim, or judicial proceeding in any jurisdiction to protect trust property and the trustee in the performance of the trustee's duties;  (25) to engage and compensate attorneys, accountants, investment advisors, or other agents, and to delegate to them trustee's duties and functions in accordance with the provisions of section 456.8-807;  (26) sign and deliver contracts and other instruments that are useful to achieve or facilitate the exercise of the trustee's powers;  (27) on termination of the trust, exercise the powers appropriate to wind up the administration of the trust and distribute the trust property to the persons entitled to it; and  (28) to invest and reinvest trust assets in accordance with sections 469.900 to 469.913; including investing and reinvesting trust assets in United States government obligations, either directly or in the form of securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered pursuant to the Investment Company Act of 1940, as amended, including but not limited to United States government obligations and repurchase agreements fully collateralized by such obligations, notwithstanding that the governing instrument or order directs, requires, authorizes, or restricts investment in or to United States government obligations or repurchase agreements fully collateralized by such obligations, and in securities or obligations of any state or its political subdivisions, including securities or obligations that are underwritten by the trustee or an affiliate of the trustee or a syndicate in which the trustee or an affiliate of the trustee is a member which meet the standards established by the division of finance pursuant to subsection 5 of section 362.550. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892, A.L. 2008 S.B. 1235) 
Effective - 01 Jan 2005   456.8-817. Distribution upon termination.  1. Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within thirty days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.  2. Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.  3. A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:  (1) it was induced by improper conduct of the trustee; or  (2) the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach. -------- (L. 2004 H.B. 1511)  Effective 1-01-05 
Effective - 28 Aug 2015, 4 histories   456.950. Definition  property and interests in property, immunity from claims, when  death of settlor, effect of  marital property rights, not affected by transfer  applicability.  1. As used in this section, "qualified spousal trust" means a trust:  (1) The settlors of which are married to each other at the time of the creation of the trust; and  (2) The terms of which provide that during the joint lives of the settlors all property transferred to, or held by, the trustee are:  (a) Held and administered in one trust for the benefit of both settlors, revocable by either settlor or both settlors while either or both are alive, and each settlor having the right to receive distributions of income or principal, whether mandatory or within the discretion of the trustee, from the entire trust for the joint lives of the settlors and for the survivor's life; or  (b) Held and administered in two separate shares of one trust for the benefit of each of the settlors, with the trust revocable by each settlor with respect to that settlor's separate share of that trust without the participation or consent of the other settlor, and each settlor having the right to receive distributions of income or principal, whether mandatory or within the discretion of the trustee, from that settlor's separate share for that settlor's life; or  (c) Held and administered under the terms and conditions contained in paragraphs (a) and (b) of this subdivision.  2. A qualified spousal trust may contain any other trust terms that are not inconsistent with the provisions of this section, including, without limitation, a discretionary power to distribute trust property to a person in addition to a settlor.  3. All property at any time held in a qualified spousal trust, without regard to how such property was titled prior to it being so held, shall have the same immunity from the claims of a separate creditor of either settlor as if such property were held outside the trust by the settlors as tenants by the entirety, unless otherwise provided in writing by the settlor or settlors who transferred such property to the trust, and such property shall be treated for that purpose, including without limitation, federal and state bankruptcy laws, as tenants by entirety property. Property held in a qualified spousal trust shall cease to receive immunity from the claims of creditors upon the dissolution of marriage of the settlors by a court.  4. As used in this section, "property" means any interest in any type of property held in a qualified spousal trust, the income thereon, and any property into which such interest, proceeds, or income may be converted.  5. Upon the death of each settlor, all property held by the trustee of the qualified spousal trust shall be distributed as directed by the then current terms of the governing instrument of such trust. Upon the death of the first settlor to die, if immediately prior to death the predeceased settlor's interest in the qualified spousal trust was then held in such settlor's separate share, the property held in such settlor's separate share may pass into an irrevocable trust for the benefit of the surviving settlor upon such terms as the governing instrument shall direct, including without limitation a spendthrift provision as provided in section 456.5-502.  6. The respective rights of settlors who are married to each other in any property for purposes of a dissolution of the settlors' marriage shall not be affected or changed by reason of the transfer of that property to, or its subsequent administration as an asset of, a qualified spousal trust during the marriage of the settlors, unless both settlors expressly agree otherwise in writing.  7. No transfer to a qualified spousal trust shall avoid or defeat the Missouri uniform fraudulent* transfer act in chapter 428.  8. This section shall apply to all trusts which fulfill the criteria set forth in this section for a qualified spousal trust regardless of whether such trust was created before, on, or after August 28, 2011. -------- (L. 2011 S.B. 59  1, A.L. 2012 S.B. 628 merged with S.B. 636, A.L. 2014 H.B. 1231 merged with S.B. 500, A.L. 2015 S.B. 164)  *Word "fraudulent" omitted from original rolls. 
Effective - 28 Aug 2016   456.970. Short title.  Sections 456.970 to 456.1135 shall be known and may be cited as the "Missouri Uniform Powers of Appointment Act". -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.975. Definitions.  As used in sections 456.970 to 456.1135 the following terms mean:  (1) "Appointee", a person to which a powerholder makes an appointment of appointive property;  (2) "Appointive property", the property or property interest subject to a power of appointment;  (3) "Blanket-exercise clause", a clause in an instrument which exercises a power of appointment and is not a specific-exercise clause. The term includes a clause that:  (a) Expressly uses the words "any power" in exercising any power of appointment the powerholder has;  (b) Expressly uses the words "any property" in appointing any property over which the powerholder has a power of appointment; or  (c) Disposes of all property subject to disposition by the powerholder;  (4) "Claim of creditor", the attachment by a creditor of trust property or beneficial interests subject to a power of appointment, a creditor obtaining an order from a court forcing a judicial sale of trust property, a creditor compelling the exercise of a power of appointment, or a creditor reaching trust property or beneficial interests by other means;  (5) "Donor", a person who creates a power of appointment;  (6) "Exclusionary power of appointment", a power of appointment exercisable in favor of any one or more of the permissible appointees to the exclusion of the other permissible appointees;  (7) "General power of appointment", a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate;  (8) "Gift-in-default clause", a clause identifying a taker in default of appointment;  (9) "Impermissible appointee", a person that is not a permissible appointee;  (10) "Instrument", a document that contains information that:  (a) Is inscribed on a hard copy, or inscribed on a hard copy that is transmitted by facsimile or stored in portable document format (.pdf) or in another comparable electronic means or other medium that is retrievable in perceivable form; and  (b) Contains a signature;  (11) "Nongeneral power of appointment", a power of appointment that is not a general power of appointment;  (12) "Permissible appointee", a person in whose favor a powerholder may exercise a power of appointment;  (13) "Person", an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity;  (14) "Power of appointment", a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. The term does not include a power of attorney;  (15) "Powerholder", a person in which a donor creates a power of appointment;  (16) "Presently exercisable power of appointment", a power of appointment exercisable by the powerholder at the relevant time. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after:  (a) The occurrence of the specified event;  (b) The satisfaction of the ascertainable standard; or  (c) The passage of the specified time, and does not include a power exercisable only at the powerholder's death;  (17) "Specific-exercise clause", a clause in an instrument which specifically refers to and exercises a particular power of appointment;  (18) "Taker in default of appointment", a person that takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment;  (19) "Terms of the instrument", the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding. -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.980. Governing Law  common law and principles of equity.  1. The creation, revocation, or amendment of the power is governed by the law of the donor's domicile at the relevant time, and the exercise, release, or disclaimer of the power, or the revocation or amendment of the exercise, release, or disclaimer of the power, is governed by the law of the powerholder's domicile at the relevant time.  2. The common law and principles of equity supplement sections 456.970 to 456.1135, except to the extent modified by such sections or other laws of this state. -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2018, 2 histories   456.985. Act to govern powers  exceptions.  1. Except as otherwise provided in the terms of an instrument creating or exercising a power of appointment, sections 456.970 to 456.1135 govern powers of appointment.  2. The terms of an instrument creating or exercising a power of appointment prevail over any provisions of sections 456.970 to 456.1135 except:  (1) The requisites for the creation of a power of appointment under subsections 1 to 4 of section 456.990;  (2) The transferability of a power of appointment by a powerholder under subsection 1 of section 456.995;  (3) The limitations on the authority of a donor to extend a general power of appointment beyond the death of a powerholder under subsection 3 of section 456.995;  (4) The power is exclusionary if the permissible appointees of a power of appointment are not defined and limited under subsection 3 of section 456.1005;  (5) The requisites for the exercise of a power of appointment under section 456.1015;  (6) The effect of an impermissible appointment under section 456.1045;  (7) A general power of appointment which is presently exercisable may be reached by the creditors of the powerholder or the powerholder's estate under section 456.1100. -------- (L. 2016 H.B. 1765, A.L. 2018 H.B. 1250) 
Effective - 28 Aug 2016   456.990. Creations of power of appointment.  1. A power of appointment is created only if:  (1) The instrument creating the power:  (a) Is valid under applicable law; and  (b) Except as otherwise provided in subsection 2 of this section transfers the appointive property; and  (2) The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.  2. Paragraph (b) of subdivision (1) of subsection 1 of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment.  3. Power of appointment may not be created in a deceased individual.  4. Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.  5. Any property that is the subject of an invalid power of appointment shall be transferred, held or otherwise disposed of in accordance with the valid provisions of the instrument attempting to create the power, if any such provisions exist, or if none, in accordance with other applicable laws, as the case may be. -------- (L. 2016 H.B. 1765)
Effective - 28 Aug 2016   456.995. Nontransferability.  1. A powerholder may not transfer a power of appointment.  2. Except as provided in subsection 3 of this section, to the extent a powerholder dies without effectively disclaiming, exercising or releasing a power, the power lapses upon the death of the powerholder.  3. (1) A general power of appointment may provide that the power shall survive the death of the powerholder in the hands of the powerholder's personal representative. Such provision shall be valid only to the extent the powerholder dies after he or she effectively receives the general power, but within the period for disclaiming the power, and only to the extent the powerholder has not disclaimed, exercised or released the power. Under such circumstances, the personal representative of the powerholder may either exercise the power in favor of the powerholder's estate, if the estate is a permissible appointee, or disclaim the power as provided by section 456.1080.  (2) If the power is neither exercised nor disclaimed by the powerholder's personal representative as stated, the power shall lapse at the earlier of the end of the period for making a disclaimer under other applicable Missouri laws or the end of the period in which the power is valid under its terms.  (3) The terms of a general power of appointment providing that "this power of appointment shall survive the death of the powerholder", or words of similar import, shall be sufficient to extend the power after the death of a powerholder in the hands of his or her personal representative in this subsection.  (4) In addition to the protections otherwise afforded under applicable law, the personal representative shall not be individually liable for his or her actions or inactions under this subsection if he or she does not have actual knowledge of the power and all pertinent circumstances reasonably necessary for him or her to make a determination on the exercise, disclaimer or lapse of the power at least one hundred * twenty days prior to the end of the period for making a disclaimer or the end of the period in which the power is valid under its terms, whichever first occurs. The foregoing exemption from liability shall not apply if the personal representative exercises or disclaims the power or allows the power to lapse in bad faith. -------- (L. 2016 H.B. 1765) *Word "and" appears here in original rolls.
Effective - 28 Aug 1985, 2 histories   459.010. Definitions.  As used in sections 459.010 to 459.055, the following terms mean:  (1) "Attending physician", the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient;  (2) "Competent person", a person eighteen years of age or older of sound mind who is able to receive and evaluate information and to communicate a decision;  (3) "Death-prolonging procedure", any medical procedure or intervention which, when applied to a patient, would serve only to prolong artificially the dying process and where, in the judgment of the attending physician pursuant to usual and customary medical standards, death will occur within a short time whether or not such procedure or intervention is utilized. Death-prolonging procedure shall not include the administration of medication or the performance of medical procedure deemed necessary to provide comfort, care or to alleviate pain nor the performance of any procedure to provide nutrition or hydration;  (4) "Declaration", a document executed in accordance with the requirements of section 459.015;  (5) "Physician", a person licensed to practice medicine and surgery by the state board of registration for the healing arts;  (6) "Terminal condition", an incurable or irreversible condition which, in the opinion of the attending physician, is such that death will occur within a short time regardless of the application of medical procedures. -------- (L. 1985 S.B. 51  1)  (1988) A guardian may not order termination of nutrition and hydration from incompetent ward who is neither dead nor terminally ill although ward is in persistent vegetative state. Cruzan, by Cruzan v. Harmon, 760 S.W.2d 408 (Mo. banc). (1990) United States Constitution does not prohibit Missouri from requiring that evidence of an incompetent's wishes as to the withdrawal of life-sustaining treatment be proven by clear and convincing evidence. Cruzan v. Director, Mo. Dept. of Health, 110 S. Ct. 2841. 
Effective - 28 Aug 1985   459.015. Declaration, who may execute requirements of declaration  form  witnesses required, when  notice to physician  filed  where.  1. Any competent person may execute a declaration directing the withholding or withdrawal of death-prolonging procedures. The declaration made pursuant to sections 459.010 to 459.055 shall be:  (1) In writing;  (2) Signed by the person making the declaration, or by another person in the declarant's presence and by the declarant's expressed direction;  (3) Dated; and  (4) If not wholly in the declarant's handwriting, signed in the presence of two or more witnesses at least eighteen years of age neither of whom shall be the person who signed the declaration on behalf of and at the direction of the person making the declaration.  2. It shall be the responsibility of the declarant to provide for notification to his attending physician of the existence of the declaration. Upon the request of the patient, the declaration shall be placed in the declarant's medical records as maintained by his attending physician and the medical records of any health facility of which he is a patient.  3. The declaration may be in the following form, but it shall not be necessary to use this sample form. In addition, the declaration may include other specific directions. Should any of the other specific directions be held to be invalid, such invalidity shall not affect other directions of the declaration which can be given effect without the invalid declaration, and to this end the directions in the declaration are severable.    DECLARATION   I have the primary right to make my own decisions concerning treatment that might unduly prolong the dying process. By this declaration I express to my physician, family and friends my intent. If I should have a terminal condition it is my desire that my dying not be prolonged by administration of death-prolonging procedures. If my condition is terminal and I am unable to participate in decisions regarding my medical treatment, I direct my attending physician to withhold or withdraw medical procedures that merely prolong the dying process and are not necessary to my comfort or to alleviate pain. It is not my intent to authorize affirmative or deliberate acts or omissions to shorten my life rather only to permit the natural process of dying.   Signed this ______ day of ______, ______.    Signature  __________________     City, County and State of residence  __________________        __________________     The declarant is known to me, is eighteen years of age or older, of sound mind and voluntarily signed this document in my presence.    Witness  __________________      Address  __________________      Witness  __________________      Address  __________________     REVOCATION PROVISION   I hereby revoke the above declaration.    Signed  __________________       (Signature of Declarant)    Date  __________________     -------- (L. 1985 S.B. 51  2) 
Effective - 28 Aug 1985, 2 histories   459.020. Revocation  mental or physical condition not considered part of medical records  liability for failure to act, when.  1. A declaration may be revoked at any time and in any manner by which the declarant is able to communicate his intent to revoke, without regard to mental or physical condition.  2. The attending physician or health care provider shall make the revocation a part of the declarant's medical record.  3. There shall be no criminal or civil liability on the part of any person for failure to act upon a revocation made pursuant to this section unless the revocation is in the patient's medical record or unless that person has actual knowledge of the revocation. -------- (L. 1985 S.B. 51  3) 
Effective - 28 Aug 1985   459.025. Declaration operative, when.  The directions of a declarant able to make treatment decisions shall at all times supersede the declaration. The declaration shall be given operative effect only if the declarant's condition is determined to be terminal and the declarant is not able to make treatment decisions. Such determinations shall be recorded in the declarant's medical record. A physician, health care professional or facility or other person shall not act contrary to the declarant's expressed intent to withhold or withdraw death-prolonging procedures without serious reason therefor consistent with the best interest of the declarant. Such reason shall be recorded in the declarant's medical record. The declaration to withdraw or withhold treatment by a patient diagnosed as pregnant by the attending physician shall have no effect during the course of the declarant's pregnancy. -------- (L. 1985 S.B. 51  4) 
Effective - 28 Aug 1985, 2 histories   459.030. Physician or health facility unwilling to comply to transfer declarant.  1. An attending physician who is unwilling to comply with the requirements of section 459.025 or who is unwilling to comply with the declaration of a patient in accordance with section 459.015 shall take all reasonable steps to effect the transfer of the declarant to another physician.  2. If the policies of a health care facility preclude compliance with the declaration of a patient under sections 459.010 to 459.055, that facility shall take all reasonable steps to effect the transfer of the declarant to a facility in which the provisions of sections 459.010 to 459.055 can be carried out. -------- (L. 1985 S.B. 51  5) 
Effective - 28 Aug 1985   459.035. Declarant presumed to be competent.  For the purpose of sections 459.010 to 459.055, a physician or medical care facility may presume in the absence of actual notice to the contrary that an individual who executed a declaration was competent when it was executed. The fact of an individual having executed a declaration shall not be considered as an indication of a declarant's mental incapacity. Advanced age of itself shall not be a bar to a determination of capacity. -------- (L. 1985 S.B. 51  6) 
Effective - 28 Aug 1985, 2 histories   459.040. Physicians not liable, when.  A physician, licensed health care professional, medical care facility or employee thereof or other person who, in good faith and pursuant to usual and customary medical standards, causes or participates in the withholding or withdrawal of death-prolonging procedures, which acts are not otherwise unlawful, from a patient pursuant to a declaration made in accordance with sections 459.010 to 459.055 shall not, as a result thereof, be subject to criminal or civil liability or be found to have committed an act of unprofessional conduct. -------- (L. 1985 S.B. 51  7) 
Effective - 28 Aug 1985   459.045. Unprofessional conduct by physician, when  inheritance rights forfeited, when  destroying or forging declaration  penalties.  1. It shall constitute unprofessional conduct if a physician or other licensed health care professional or facility with actual knowledge of a declaration acts, when the declarant is in a terminal condition and unable to make treatment decisions, contrary to the expressed intention of the declarant, as stated in his declaration, without serious reason therefor consistent with the best interest of the declarant.  2. Any person with actual knowledge of a declaration who acts, when the declarant is in a terminal condition and unable to make treatment decisions, contrary to the expressed intention of the patient as stated in his declaration, without serious reason therefor consistent with the best interests of the patient, shall lose such rights of inheritance to the extent such loss is provided for by the patient's last will and testament.  3. Any person who willfully conceals, cancels, defaces, obliterates or destroys the declaration of another without such declarant's consent or who falsifies or forges a revocation of the declaration of another shall be guilty of a class A misdemeanor.  4. Any person who falsifies or forges the declaration of another, or who willfully conceals or withholds personal knowledge of the revocation of a declaration, with the purpose of causing withholding or withdrawal of medical procedures contrary to the wishes of the declarant, and thereby, because of such act, directly causes medical procedures to be withheld or withdrawn, causing death or causing death to be hastened, shall be guilty of a class B felony. -------- (L. 1985 S.B. 51  8) 
Effective - 28 Aug 1985, 2 histories   459.050. Life insurance, declaration not to affect.  1. The making of a declaration pursuant to sections 459.010 to 459.055 shall not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of death-prolonging procedures from an insured declarant, notwithstanding any term of the policy to the contrary.  2. No person, corporation or governmental agency shall require or induce any person to execute a declaration as a condition for a contract or for the provision of any service or benefit whatsoever. -------- (L. 1985 S.B. 51  9) 
Effective - 28 Aug 1985   459.055. Purposes of declaration.  Sections 459.010 to 459.055 shall be interpreted consistent with the following:  (1) Each person has the primary right to request or refuse medical treatment subject to the state's interest in protecting innocent third parties, preventing homicide and suicide and preserving good ethical standards in the medical profession.  (2) Nothing in sections 459.010 to 459.055 shall be interpreted to increase or decrease the right of a patient to make decisions regarding use of medical procedures so long as the patient is able to do so, nor to impair or supersede any right or responsibility that any person has to effect the withholding or withdrawal of medical care in any lawful manner. In that respect, the provisions of sections 459.010 to 459.055 are cumulative.  (3) Sections 459.010 to 459.055 shall create no presumption concerning the intention of an individual who has not executed a declaration to consent to the use or withholding of medical procedures.  (4) Communication regarding treatment decisions among patients, the families and physicians is encouraged.  (5) Sections 459.010 to 459.055 do not condone, authorize or approve mercy killing or euthanasia nor permit any affirmative or deliberate act or omission to shorten or end life. -------- (L. 1985 S.B. 51  10) 
Effective - 28 Aug 2017   459.250. Registry established  definitions  submission of documents by adult declarant  confidentiality  third-party to operate registry  rulemaking authority.  1. As used in this section, the following terms mean:  (1) "Adult", an individual who is eighteen years of age or older;  (2) "Advance health care directive", a power of attorney for health care or a declaration signed or authorized by an adult, containing the person's direction concerning a health care decision;  (3) "Declaration", a record, including but not limited to a living will or a do-not-resuscitate order, signed by an adult specifying the circumstances under which a life support system may be withheld or withdrawn;  (4) "Department", the department of health and senior services;  (5) "Health care decision", any decision regarding the health care of the person;  (6) "Intake point", any licensed health care provider or licensed attorney.  2. The department shall issue a request for proposal* and contract with a third party for the establishment of a secure online central registry for individuals to be known as the "Advance Health Care Directives Registry" to store advance health care directives and to give authorized health care providers access to such directives.  3. An adult declarant may submit an advance health care directive or declaration and the revocations of such documents to the registry established under subsection 2 of this section.  4. Any document and any revocation of a document submitted for filing in the registry shall be submitted electronically at an intake point and signed electronically with a unique identifier, such as a Social Security number, a driver's license number, or another unique government-issued identifier. The electronic submission of the document shall be accompanied by a fee not to exceed ten dollars.  5. All data and information contained in the registry shall remain confidential and shall be exempt from the provisions of chapter 610.  6. The third party awarded a contract pursuant to subsection 2 of this section shall be solely responsible for all issues applicable to the registry, including, but not limited to, the development and operation of the registry; educating the general public, licensed health care providers, and legal professionals about the registry; responding to questions; providing technical assistance to users; and collection of user fees not to exceed ten dollars.  7. The department may promulgate rules to carry out the provisions of this section which may include, but not be limited to:  (1) A determination of who may access the registry, including physicians, other licensed health care providers, the declarant, and his or her legal representatives or designees; and  (2) A means for the contracting third party to annually remind registry users of which documents they have registered.  8. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2017, shall be invalid and void.  9. Failure to register a document with the registry maintained under this section shall not affect the document's validity. Failure to notify the registry of the revocation of a document previously filed with the registry shall not affect the validity of a revocation that meets the statutory requirements for such revocation to be valid. -------- (L. 2017 S.B. 50  194.600 merged with S.B. 501 194.600)  *Word "proposals" appears in original rolls of S.B. 501, 2017. 
Effective - 28 Aug 1995   461.001. Transfers on death, certain provisions deemed nontestamentary, exceptions.  Any of the following provisions in an insurance policy, contract of employment, bond, mortgage, promissory note, stock certificate, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust agreement, declaration of trust, conveyance or any other written instrument effective as a contract, gift, conveyance, or trust or to evidence ownership of property is deemed to be nontestamentary, and exempt from the requirements of section 473.087 and section 474.320:  (1) That money or other benefits theretofore due to, controlled or owned by a decedent shall be paid after the decedent's death to a person or persons designated by the decedent in either the instrument or a separate writing, including a will, executed at the same time as the instrument or subsequently;  (2) That any money due or to become due under the instrument shall cease to be payable in event of the death of the promisee or the promisor before payment or demand;  (3) That any property which is the subject of the instrument shall pass on decedent's death to a person or persons designated by the decedent in either the instrument or a separate writing, including a will, executed at the same time as the instrument or subsequently;  (4) Except to the extent specifically excluded thereunder, sections 461.003 to 461.081 apply to transfers under this section. -------- (L. 1995 S.B. 116) 
Effective - 28 Aug 1989   461.003. Law, how cited.  Sections 461.003 to 461.081 may be cited as the "Nonprobate Transfers Law of Missouri". -------- (L. 1989 H.B. 145  17) 
Effective - 28 Aug 2005   461.005. Definitions.  In sections 461.003 to 461.081, unless the context otherwise requires, the following terms mean:  (1) "Beneficiary", a person or persons designated or entitled to receive property pursuant to a nonprobate transfer on surviving one or more persons;  (2) "Beneficiary designation", a provision in writing that is not a will that designates the beneficiary of a nonprobate transfer, including the transferee in an instrument that makes the transfer effective on death of the owner, and that complies with the conditions of any governing instrument, the rules of any transferring entity and applicable law;  (3) "Death of the owner", in the case of joint owners, means death of the last surviving owner;  (4) "In proper form", a phrase which applies to a beneficiary designation or a revocation or change thereof, or a request to make, revoke or change a beneficiary designation, which complies with the terms of the governing instrument, the rules of the transferring entity and applicable law, including any requirements with respect to supplemental documents;  (5) "Joint owners", persons who hold property as joint tenants with right of survivorship and a husband and wife who hold property as tenants by the entirety;  (6) "LDPS", an abbreviation of lineal descendants per stirpes which may be used in a beneficiary designation to designate a substitute beneficiary as provided in section 461.045;  (7) "Nonprobate transfer", a transfer of property taking effect upon the death of the owner, pursuant to a beneficiary designation. A nonprobate transfer under sections 461.003 to 461.081 does not include survivorship rights in property held as joint tenants or tenants by the entirety, a transfer to a remainderman on termination of a life tenancy, a transfer under a trust established by an individual, either inter vivos or testamentary, a transfer pursuant to the exercise or nonexercise of a power of appointment, or a transfer made on death of a person who did not have the right to designate his or her estate as the beneficiary of the transfer;  (8) "Owner", a person or persons having a right, exercisable alone or with others, regardless of the terminology used to refer to the owner in any written beneficiary designation, to designate the beneficiary of a nonprobate transfer, and includes joint owners. The provisions of this subdivision shall apply to all beneficiary deeds executed and filed at any time, including, but not limited to, those executed and filed on or before August 28, 2005;  (9) "Ownership in beneficiary form", holding property pursuant to a registration in beneficiary form or other writing that names the owner of the property followed by a transfer on death direction and the designation of a beneficiary;  (10) "Person", living individuals, entities capable of owning property and fiduciaries;  (11) "Proof of death", includes a death certificate or record or report that is prima facie proof or evidence of death under section 472.290;  (12) "Property", any present or future interest in property, real or personal, tangible or intangible, legal or equitable. Property includes a right to direct or receive payment of a debt, money or other benefits due under a contract, account agreement, deposit agreement, employment contract, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust or law, a right to receive performance remaining due under a contract, a right to receive payment under a promissory note or a debt maintained in a written account record, rights under a certificated or uncertificated security, rights under an instrument evidencing ownership of property issued by a governmental agency and rights under a document of title within the meaning of section 400.1-201;  (13) "Registration in beneficiary form", titling of an account record, certificate, or other written instrument evidencing ownership of property in the name of the owner followed by a transfer on death direction and the designation of a beneficiary;  (14) "Security", a certificated or uncertificated security as defined in section 400.8-102, including securities as defined in section 409.401*;  (15) "Transfer on death direction", the phrase "transfer on death to" or the phrase "pay on death to" or the abbreviation "TOD" or "POD" after the name of the owners and before the designation of the beneficiary; and  (16) "Transferring entity", a person who owes a debt or is obligated to pay money or benefits, render contract performance, deliver or convey property, or change the record of ownership of property on the books, records and accounts of an enterprise or on a certificate or document of title that evidences property rights, and includes any governmental agency, business entity or transfer agent that issues certificates of ownership or title to property and a person acting as a custodial agent for an owner's property. -------- (L. 1989 H.B. 145  18, A.L. 1995 S.B. 116, A.L. 2005 S.B. 407 merged with S.B. 420 & 344)  *Section 409.401 was repealed in 2003 by H.B. 380, effective 9-01-03. 
Effective - 28 Aug 1995   461.009. Nonprobate transfers not subject to requirements of a will  effect with or without consideration.  Nonprobate transfers are effective with or without consideration, and are not to be considered testamentary or subject to section 473.087, (dealing with the requirement to probate a will), and section 474.320, (dealing with will form, execution and attestation). -------- (L. 1989 H.B. 145  19, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.011. Transferring entity acting as agent for owner subject to nontransfer law, agency does not end with death of owner, duties.  For the purpose of discharging its duties under the nonprobate transfers law, the authority of a transferring entity acting as agent for an owner of property subject to a nonprobate transfer shall not cease at death of the owner. The transferring entity shall transfer the property to the designated beneficiary in accordance with the governing instrument, the rules of the transferring entity and sections 461.003 to 461.081. -------- (L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.012. Nonprobate transfers subject to agreement of transferring entity, when.  1. When any of the following is required, provision for a nonprobate transfer is a matter of agreement between the owner and the transferring entity, under such rules, terms and conditions as the owner and transferring entity may agree:  (1) Submission to the transferring entity of a beneficiary designation under a governing instrument;  (2) Registration by a transferring entity of a transfer on death direction on any certificate or record evidencing ownership of property;  (3) The consent of a contract obligor for a transfer of performance due under the contract;  (4) The consent of a financial institution for a transfer of an obligation of the financial institution; or  (5) The consent of a transferring entity for a transfer of an interest in the transferring entity.  2. Whenever subsection 1 of this section is applicable, sections 461.003 to 461.081 do not impose an obligation on a transferring entity to accept an owner's request to make provision for a nonprobate transfer of property.  3. When a beneficiary designation, revocation or change is subject to acceptance by a transferring entity, the transferring entity's acceptance of the beneficiary designation, revocation or change relates back to and is effective as of the time when the request was received by the transferring entity. -------- (L. 1989 H.B. 145  20, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.014. Transferring entity, obligation resulting from acceptance and registration.  When a transferring entity accepts a beneficiary designation or beneficiary assignment, or registers property in beneficiary form, the acceptance or registration constitutes the agreement of the owner and transferring entity that, unless the beneficiary designation is revoked or changed prior to the owner's death, on proof of death of the owner and compliance with the transferring entity's requirements for showing proof of entitlement, the property will be transferred to and placed in the name and control of the beneficiary in accordance with the beneficiary designation or transfer on death direction, the agreement of the parties and sections 461.003 to 461.081. -------- (L. 1989 H.B. 145  21, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.021. Beneficiary designation under written instrument or law, effect.  A beneficiary designation, under a written instrument or law, that authorizes a transfer of property pursuant to a written designation of beneficiary, transfers the right to receive the property to the designated beneficiary who survives, effective on death of the owner, if the beneficiary designation is executed and delivered in proper form to the transferring entity prior to the death of the owner. -------- (L. 1989 H.B. 145  23, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.023. Assignments effective on death of owner  delivery, effect.  1. A written assignment of a contract right that assigns the right to receive any performance remaining due under the contract to an assignee designated by the owner, that expressly states that the assignment is not to take effect until the death of the owner, transfers the right to receive performance due under the contract to the designated assignee beneficiary, effective on death of the owner, if the assignment is executed and delivered in proper form to the contract obligor prior to the death of the owner or is executed in proper form and acknowledged before a notary public or other person authorized to administer oaths. A beneficiary assignment need not be supported by consideration or be delivered to the assignee beneficiary.  2. This section does not preclude other methods of assignment that are permitted by law and that have the effect of postponing enjoyment of a contract right until the death of the owner. -------- (L. 1989 H.B. 145  24, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.025. Deeds effective on death of owner  recording, effect.  1. A deed that conveys an interest in real property to a grantee designated by the owner, that expressly states that the deed is not to take effect until the death of the owner, transfers the interest provided to the designated grantee beneficiary, effective on death of the owner, if the deed is executed and filed of record with the recorder of deeds in the city or county or counties in which the real property is situated prior to the death of the owner. A beneficiary deed need not be supported by consideration or be delivered to the grantee beneficiary. A beneficiary deed may be used to transfer an interest in real property to a trust estate, regardless of such trust's revocability.  2. This section does not preclude other methods of conveyancing that are permitted by law and that have the effect of postponing enjoyment of an interest in real property until the death of the owner. This section does not invalidate any deed, otherwise effective by law to convey title to the interest and estates therein provided, that is not recorded until after the death of the owner. -------- (L. 1989 H.B. 145  25, A.L. 1994 S.B. 701, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.026. Procedure to transfer tangible personal property to take effect on death of owner.  1. A deed of gift, bill of sale or other writing intended to transfer an interest in tangible personal property, that expressly states that the transfer is not to take effect until the death of the owner, transfers ownership to the designated transferee beneficiary, effective on death of the owner, if the instrument is in other respects sufficient to transfer the type of property involved and is executed by the owner and acknowledged before a notary public or other person authorized to administer oaths. A beneficiary transfer instrument need not be supported by consideration or be delivered to any transferee beneficiary.  2. This section does not preclude other methods of transferring ownership of tangible personal property that are permitted by law and that have the effect of postponing enjoyment of property until the death of the owner. -------- (L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.027. Transferor may directly transfer property to a transferee to hold as owner in beneficiary form  transferee shall be owner of property for all purposes  transfer effective, when.  1. A transferor of property, with or without consideration, may directly transfer the property to a transferee to hold as owner in beneficiary form.  2. A transferee under an instrument described in subsection 1 of this section shall be the owner of the property for all purposes and shall have all the rights to the property otherwise provided by law to owners, including the right to revoke or change the beneficiary designation.  3. A direct transfer of property to a transferee to hold as owner in beneficiary form is effective when the writing perfecting the transfer becomes effective to make the transferee the owner. -------- (L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.028. Registration of property, including accounts and securities in beneficiary form, effect.  1. Property may be held or registered in beneficiary form by including in the name in which the property is held or registered a direction to transfer the property on death of the owner to a beneficiary designated by the owner.  2. Property is registered in beneficiary form by showing on the account record, security certificate or instrument evidencing ownership of the property the name of the owner, and the estate by which two or more joint owners hold the property, followed in substance by the words "transfer on death to ______ (name of beneficiary)". In lieu of the words "transfer on death to" the words "pay on death to" or the abbreviation "TOD" or "POD" may be used.  3. A transfer on death direction may only be placed on an account record, security certificate or instrument evidencing ownership of property by the transferring entity or a person authorized by the transferring entity.  4. A transfer on death direction transfers the owner's interest in the property to the designated beneficiary, effective on the owner's death, if the property is registered in beneficiary form prior to the death of the owner, or if the request to make the transfer on death direction is delivered in proper form to the transferring entity prior to the owner's death.  5. An account record, security certificate or instrument evidencing ownership of property that contains a transfer on death direction written as part of the name in which the property is held or registered, is conclusive evidence in the absence of fraud, duress, undue influence or evidence of clerical mistake by the transferring entity that the direction was regularly made by the owner and accepted by the transferring entity, and was not revoked or changed prior to the death giving rise to the transfer; and the transferring entity shall have no obligation to retain the original writing, if any, by which the owner caused the property to be registered in beneficiary form, more than six months after the transferring entity has mailed or delivered to the owner, at the address shown on the registration, an account statement, certificate or instrument that shows the manner in which the property is held or registered in beneficiary form. -------- (L. 1989 H.B. 145  26, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.031. Effect of beneficiary designation on ownership of property during lifetime and at death.  1. Prior to the death of the owner, a beneficiary shall have no rights in the property by reason of the beneficiary designation and the signature or agreement of the beneficiary shall not be required for any transaction respecting the property.  2. On death of one of two or more joint owners, property with respect to which a beneficiary designation has been made belongs to the surviving joint owner or owners, and the right of survivorship continues as between two or more surviving joint owners.  3. On death of the owner, property passes by operation of law to the beneficiary.  4. If two or more beneficiaries survive, there is no right of survivorship among the beneficiaries in the event of death of a beneficiary thereafter unless the beneficiary designation expressly provides for survivorship among them, and, unless so expressly provided, surviving beneficiaries hold their separate interests in the property as tenants in common. The share of any subsequently deceased beneficiary belongs to that beneficiary's estate.  5. If no beneficiary survives the owner, the property belongs to the estate of the owner. -------- (L. 1989 H.B. 145  27, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.033. Revocation or change of beneficiaries designation.  1. A beneficiary designation may be revoked or changed in whole or in part during the lifetime of the owner. A revocation or change of a beneficiary designation involving property of joint owners may only be made with the agreement of all owners then living.  2. A subsequent beneficiary designation revokes a prior beneficiary designation unless the subsequent beneficiary designation expressly provides otherwise.  3. A revocation or change in a beneficiary designation shall comply with the terms of the governing instrument, the rules of the transferring entity and the applicable law.  4. A beneficiary designation may not be revoked or changed by the provisions of a will unless the beneficiary designation expressly grants the owner the right to revoke or change a beneficiary designation by will.  5. A transfer during the owner's lifetime of the owner's interest in property, with or without consideration, terminates the beneficiary designation with respect to the property transferred.  6. The effective date of a revocation or change in a beneficiary designation shall be determined in the same manner as the effective date of a beneficiary designation. -------- (L. 1989 H.B. 145  28, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.035. Agents may not make, revoke or change beneficiary unless document establishes agent's right or court order authorizes  authorized withdrawals may extinguish beneficiary's right to transfer.  1. An attorney in fact, custodian, conservator or other agent may not make, revoke or change a beneficiary designation unless the document establishing the agent's right to act, or a court order, expressly authorizes such action and such action complies with the terms of the governing instrument, the rules of the transferring entity and applicable law.  2. This section shall not prohibit the authorized withdrawal, sale, pledge or other present transfer of the property by an attorney in fact, custodian, conservator or other agent notwithstanding the fact that the effect of the transaction may be to extinguish a beneficiary's right to receive a transfer of the property at the death of the owner. -------- (L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.037. Property designated for a beneficiary if lost, destroyed, damaged or involuntarily converted, during owner's lifetime, effect.  In the event property subject to a beneficiary designation is lost, destroyed, damaged or involuntarily converted during the owner's lifetime, the beneficiary succeeds to any right with respect to the loss, destruction, damage or involuntary conversion which the owner would have had if the owner had survived, but has no interest in any payment or substitute property received by the owner during the owner's lifetime. -------- (L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.039. Effect of collateral conveyances or liens on property subject to nonprobate transfer.  1. A beneficiary of a nonprobate transfer takes the owner's interest in the property at death subject to all conveyances, assignments, contracts, setoffs, licenses, easements, liens and security interests made by the owner or to which the owner was subject during the owner's lifetime.  2. A beneficiary of a nonprobate transfer of an account with a bank, savings and loan association, credit union, broker or mutual fund takes the owner's interest in the property at death subject to all requests for payment of money issued by the owner prior to death, whether paid by the transferring entity before or after death, or unpaid. The beneficiary is liable to the payee of an unsatisfied request for payment, to the extent that it represents an obligation that was enforceable against the owner during the owner's lifetime. To the extent that a claim properly paid by the personal representative of the owner's estate includes the amount of an unsatisfied request for payment to the claimant, the personal representative shall be subrogated to the rights of the claimant as payee. Each beneficiary's liability with respect to an unsatisfied request for payment is limited to the same proportionate share of the request for payment as the beneficiary's proportionate share of the account under the beneficiary designation. Beneficiaries shall have the right of contribution among themselves with respect to requests for payment which are satisfied after the owner's death, to the extent the requests for payment would have been enforceable by the payees. In no event shall a beneficiary's liability to payees, the owner's estate and other beneficiaries under this section and section 461.300 with respect to all requests for payment exceed the value of the account received by the beneficiary. If a request for payment which would not have been enforceable under this section is satisfied from a beneficiary's share of the account, the beneficiary shall not be liable to any other payee or the owner's estate under this section or section 461.300 for the amount so paid, but the beneficiary shall have no right of contribution against other beneficiaries with respect to that amount. -------- (L. 1989 H.B. 145  30, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.042. Survival required.  1. An individual who is a beneficiary of a nonprobate transfer shall not be entitled to a transfer unless the individual survives the owner by one hundred twenty hours.  2. If an owner provides and the transferring entity accepts, or if a governing instrument or applicable law provides, a period of survival different than one hundred twenty hours, the period designated shall determine the survival requirement of beneficiaries under this section. An owner and transferring entity may agree that certain circumstances raise a different presumption of survival or nonsurvival.  3. This section does not apply to survivorship rights of joint owners. -------- (L. 1989 H.B. 145  31, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.043. Beneficiary designation designating a trustee under trust not invalid because trust is amendable or revocable  trust that is revoked, terminated or does not exist at death of owner, effect.  1. A beneficiary designation designating a trustee under a trust established or to be established by the owner or some other person, including a funded or unfunded trust, shall not be invalid because the trust is amendable or revocable or both or because the trust was amended after the designation.  2. Unless a beneficiary designation provides otherwise, a trust that was revoked or terminated before the death of the owner shall be deemed not to have survived the owner.  3. Unless a beneficiary designation provides otherwise, a legal entity or trust that does not exist or come into existence at the time of the owner's death shall be deemed not to have survived the owner. -------- (L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.045. Lineal descendant substitutes.  1. Whenever a person designated as beneficiary of a nonprobate transfer is a lineal descendant of the owner, and the beneficiary is deceased at the time the beneficiary designation is made or does not survive the owner, or is treated as not surviving the owner, the nonsurviving beneficiary's share shall belong to that beneficiary's lineal descendants per stirpes who survive the owner, to take in place of and in substitution for the nonsurviving beneficiary, the same as the beneficiary would have taken if the beneficiary had survived. This subsection shall not apply to a beneficiary designation with the notation "no LDPS" after a beneficiary's name or other words negating an intention to direct the transfer to the lineal descendant substitutes of a nonsurviving beneficiary.  2. A beneficiary designation may provide that the share of any beneficiary not related to the owner as provided in subsection 1 of this section, and who does not survive the owner, shall belong to that beneficiary's lineal descendants per stirpes who survive the owner, by including after the name of the beneficiary the words "and lineal descendants per stirpes" or the abbreviation "LDPS".  3. Lineal descendants, taking as substitutes for a beneficiary of a nonprobate transfer, if they are of the same degree of kinship to the nonsurviving beneficiary, share equally, but if they are of unequal degree, then those of more remote degree take the share of their parent by representation.  4. Whenever a nonprobate transfer is to be made to a beneficiary's lineal descendants per stirpes, the property shall belong to such lineal descendants of the beneficiary who survive the owner, and in such proportions, as would result if the survivors were inheriting personal property of the beneficiary under the laws of Missouri and the beneficiary had died at the time of the owner's death, intestate, unmarried, domiciled in Missouri and possessed of such property.  5. Whenever a beneficiary of a nonprobate transfer does not survive the owner and the beneficiary is a person for whom the beneficiary's surviving lineal descendants take as substitutes under subsection 1 or 2 of this section, if there are no lineal descendants of the beneficiary who survive the owner, the beneficiary's share shall belong to the surviving beneficiaries, or to the owner's estate, as would be the case if transfer to the beneficiary's lineal descendants were not required to be considered. -------- (L. 1989 H.B. 145  32, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.048. Disclaimer.  If a beneficiary of a nonprobate transfer disclaims in whole or in part the nonprobate transfer in the manner provided by law, then with respect to the disclaimed transfer, the disclaimant is treated as having predeceased the owner unless the beneficiary designation provides otherwise; but the possibility that a beneficiary or descendant may disclaim a transfer shall not require any transferring entity to withhold making the transfer in the normal course of business. -------- (L. 1989 H.B. 145  33, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.051. Marriage dissolution or annulment  revocation of transfer to former spouse or relative of spouse, exception  remarriage to spouse, nullification of annulment, effect, relative of the owner's spouse, defined.  1. If, after an owner makes a beneficiary designation, the owner's marriage is dissolved or annulled, any provision of the beneficiary designation in favor of the owner's former spouse or a relative of the owner's former spouse is revoked on the date the marriage is dissolved or annulled, whether or not the beneficiary designation refers to marital status. The beneficiary designation shall be given effect as if the former spouse or relative of the former spouse had disclaimed the revoked provision.  2. Subsection 1 of this section does not apply to a provision of a beneficiary designation that has been made irrevocable, or revocable only with the spouse's consent, or that is made after the marriage was dissolved, or that expressly states that marriage dissolution shall not affect the designation of a spouse or relative of a spouse as beneficiary.  3. Any provision of a beneficiary designation revoked solely by this section is revived by the owner's remarriage to the former spouse or by a nullification of the marriage dissolution or annulment.  4. In this section, "a relative of the owner's former spouse" means an individual who is related to the owner's former spouse by blood, adoption or affinity and who, after the divorce or annulment, is not related to the owner by blood, adoption or affinity. -------- (L. 1989 H.B. 145  34, A.L. 1995 S.B. 116)  (2001) State statute providing that designation of spouse as beneficiary of a nonprobate asset was automatically revoked upon divorce held to be invalid as preempted by Employee Retirement Income Security Act (ERISA). Egelhoff v. Egelhoff ex rel. Breiner, 121 S.Ct. 1322, 149 L.Ed.2d 264. 
Effective - 28 Aug 1995   461.054. Disqualification for fraud, duress and undue influence and causing owner's death  proceeding to determine disqualification.  1. A beneficiary designation or a revocation of a beneficiary designation that is procured by fraud, duress or undue influence is void.  2. A beneficiary who willfully and unlawfully causes or participates with another in causing the death of the owner, or the insured individual under a life insurance policy or certificate, is disqualified from receiving any benefit of a nonprobate transfer from the owner or any proceeds payable as a result of the death of an individual insured under a life insurance policy or certificate. The beneficiary designation shall be given effect as if the disqualified beneficiary had disclaimed it. The fact that a beneficiary willfully and unlawfully caused or participated with another in causing the death of the owner may be established by a criminal conviction or guilty plea, after the right of direct appeal has been exhausted, or determined in a proceeding pursuant to subsection 3 of this section using a preponderance of the evidence standard.  3. On petition of any interested person or the transferring entity, the trier of fact shall determine whether a beneficiary designation or a revocation of a beneficiary designation is void by reason of subsection 1 of this section or whether subsection 2 of this section applies to prevent any person from receiving any benefit of the nonprobate transfer. The trier of fact may mitigate the effect of subsection 1 or 2 on any person as the trier of fact determines justice requires. Any party may demand a jury trial. -------- (L. 1989 H.B. 145  35, A.L. 1995 S.B. 116)  (1998) Statute does not provide for reformation of beneficiary deed due to unilateral mistake. Groh v. Ballard, 965 S.W.2d 872 (Mo.App. W.D.) (2014) Changes to beneficiary designations are matters of contract and thus each transaction is governed by the standard for contractual capacity, not the standard for testamentary capacity. Ivie v. Smith, 439 S.W.3d 189 (Mo.banc). 
Effective - 28 Aug 1995   461.059. Omitted spouse or child, probate rules do not apply  after-born child or after-adopted child, effect on nonprobate transfers.  1. No law intended to protect a spouse or child from unintentional disinheritance by the will of a testator shall apply to a nonprobate transfer.  2. A beneficiary designation designating the children of the owner or any other person as a class and not by name shall include all children of the person, whether born or adopted before or after the beneficiary designation is made.  3. If a beneficiary designation names an individual who is a child of the owner, and if the owner has a child born or adopted after the owner makes the beneficiary designation, the after-born or after-adopted child shall be entitled to receive a fractional share of any property otherwise transferable to any child of the owner who is named in the beneficiary designation, computed as follows: the numerator of the fraction shall be one, and the denominator shall be the total number of the owner's children, whether born or adopted before or after the beneficiary designation was made and whether named or not in the beneficiary designation. The property otherwise transferable to the owner's children named in the beneficiary designation shall be reduced in the proportion that their shares bear to each other. If there is no share designated for any child of the owner an after-born or after-adopted child shall receive no share of the property subject to the nonprobate transfer.  4. A beneficiary designation, a governing instrument or the rules of any transferring entity may provide that the after-born child rule does not apply, in which case after-born and after-adopted children of the owner shall receive no share of property designated for named children of the owner.  5. A transferring entity shall have no obligation to apply subsection 3 of this section in making distribution with respect to property registered in beneficiary form. This exception for the transferring entity shall not affect the ownership interest of the after-born or after-adopted child. -------- (L. 1989 H.B. 145  36, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.062. Nonprobate transfer rules.  1. The rights and obligations of the owner, beneficiary and transferring entity shall be governed by the nonprobate transfers law of Missouri.  2. When provision for a nonprobate transfer is a matter of agreement between the owner and the transferring entity pursuant to section 461.012, a transferring entity may adopt rules for the making, revocation, acceptance and execution of beneficiary designations and a transferring entity may adopt the rules in subdivisions (1) to (15) of subsection 3 of this section in whole or in part by incorporation by reference.  3. The following rules in subdivisions (1) to (15) of this subsection shall apply to all beneficiary designations except as otherwise provided by any governing instrument, the rules of any transferring entity, applicable law or the beneficiary designation:  (1) A beneficiary designation or a request for registration of property in beneficiary form shall be made in writing, signed by the owner and dated, except as provided in subdivision (2) of this subsection;  (2) A security that is not presently registered in the name of the owner may be registered in beneficiary form on instructions given by a broker or a person delivering the security;  (3) A beneficiary designation may designate one or more primary beneficiaries and one or more contingent beneficiaries;  (4) On property registered in beneficiary form, primary beneficiaries are the persons shown immediately following the transfer on death direction. Words indicating that the persons shown are primary beneficiaries are not required. If contingent beneficiaries are designated, their names in the registration shall be preceded by the words "contingent beneficiaries", or an abbreviation thereof, or words of similar meaning;  (5) Unless a different percentage or fractional share is stated for each beneficiary, surviving multiple primary beneficiaries or multiple contingent beneficiaries share equally. When a percentage or fractional share is designated for multiple beneficiaries, either primary or contingent, surviving beneficiaries share in the proportion that their designated shares bear to each other;  (6) Provision for a transfer of unequal shares to multiple beneficiaries for property registered in beneficiary form may be expressed in the registration by a number preceding the name of each beneficiary that represents a percentage share of the property to be transferred to that beneficiary. The number representing a percentage share need not be followed by the word "percent" or a percent sign;  (7) A nonprobate transfer of property also transfers any interest, rent, royalties, earnings, dividends or credits earned or declared on the property, but not paid or credited before the owner's death;  (8) If a distribution by a transferring entity pursuant to a nonprobate transfer results in fractional shares in a security or other property that is not divisible, the transferring entity may distribute the fractional shares in the name of all beneficiaries as tenants in common or as the beneficiaries may direct, or the transferring entity may sell the property, that is not divisible and distribute the proceeds to the beneficiaries in the proportions to which they are entitled;  (9) On death of the owner, the property, less a setoff for all amounts and charges owing by the owner to the transferring entity, shall belong to the surviving beneficiaries, and their lineal descendants when required as substitutes, as follows:  (a) If a multiple primary beneficiary does not survive and has no surviving lineal descendant substitutes, the nonsurviving primary beneficiary's share shall belong to the surviving primary beneficiaries in the proportion that their shares bear to each other;  (b) If no primary beneficiary or lineal descendant substitute survives, the property shall belong to the surviving contingent beneficiaries in equal shares or in the percentage or fractional share stated;  (c) If a multiple contingent beneficiary does not survive and has no lineal descendant substitutes, the nonsurviving contingent beneficiary's share shall belong to the surviving contingent beneficiaries in the proportion that their shares bear to each other;  (d) If no beneficiary survives the owner, the property shall belong to the owner's estate;  (10) If a trustee designated as a beneficiary does not survive the owner, resigns or is unable or unwilling to execute the trust as trustee, and, if within one year of the owner's death no successor trustee has been appointed or has undertaken to act, or if a trustee is designated as beneficiary and no trust instrument or probated will creating an express trust has been presented to the transferring entity, the transferring entity may in its discretion make the distribution as it would be made if the trust did not survive the owner;  (11) If, within six months of the owner's death, the transferring entity has not been presented evidence that a nonsurviving beneficiary for whom LDPS distribution applies had lineal descendants who survived the owner, the transferring entity may in its discretion make the transfer as if the beneficiary's descendants, if any, did not survive the owner;  (12) If a beneficiary cannot be located at the time the transfer is made to located beneficiaries, the transferring entity shall hold the missing beneficiary's share. If the missing beneficiary's share is not claimed by the beneficiary or the beneficiary's personal representative or successors within one year of the owner's death, the transferring entity shall transfer the share as if the beneficiary did not survive the owner. The transferring entity shall have no obligation to attempt to locate a missing beneficiary, to pay interest on the share held for a missing beneficiary or to invest the missing beneficiary's share in any different property. Cash, interest, rent, royalties, earnings or dividends payable to the missing beneficiary may be held by the transferring entity at interest or reinvested by the transferring entity in the account or in a dividend reinvestment account associated with a security held for the missing beneficiary;  (13) If a transferring entity is required to make a nonprobate transfer to a minor or a disabled adult the transfer may be made pursuant to the Missouri transfers to minors law, chapter 404, the Missouri personal custodian law, chapter 404, or a similar law of another state;  (14) A written request for execution of a nonprobate transfer may be made by any beneficiary, a beneficiary's legal representative or attorney in fact, or the owner's personal representative. The request shall be under oath or affirmation, subscribed before a notary public or other person authorized to administer oaths, and shall include the following:  (a) The full name, address and tax identification number of each beneficiary;  (b) The percentage or fractional share to be distributed to each beneficiary;  (c) The manner in which percentage or fractional shares in nondivisible property or the proceeds therefrom are to be distributed;  (d) A statement that there are no known disputes as to the persons entitled to a distribution under the nonprobate transfer or the amounts to be distributed to each person, and no known claims that would affect the distribution requested;  (e) Such other information as the transferring entity may require;  (15) A written request pursuant to subdivision (14) of this subsection shall be accompanied by the following:  (a) Any certificate or instrument evidencing ownership of the contract, account, security or property;  (b) Proof of death of the owner and any nonsurviving beneficiary;  (c) An inheritance tax waiver from states that require it;  (d) Where the request is made by a legal representative, a certified copy of the court order appointing the legal representative; and  (e) Such other proof of entitlement as the transferring entity may require. -------- (L. 1989 H.B. 145  37, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.065. Transferring entity, protection.  1. The owner in making provision for a nonprobate transfer under sections 461.003 to 461.081 gives to the transferring entity the protections provided in this section for executing the owner's beneficiary designation.  2. The transferring entity may execute a nonprobate transfer with or without a written request.  3. The transferring entity may rely and act on:  (1) A certified or authenticated copy of a death certificate issued by an official or agency of the place where the death occurred as showing the fact, place, date, time of death and the identity of the decedent; or  (2) A certified or authenticated copy of any report or record of a governmental agency, domestic or foreign, that a person is missing, detained, dead or alive and the dates, circumstances and places disclosed by the record or report.  4. The transferring entity may rely and act on, and shall have no duty to verify, information in a written request made by a person specified in subdivision (14) of subsection 3 of section 461.062, under oath or affirmation, subscribed before a notary public or other person authorized to administer oaths, for execution of the beneficiary designation.  5. The transferring entity shall have no duty:  (1) To give notice to any person of the date, manner and persons to whom transfer will be made under the beneficiary designation, except as provided in subsection 6 of this section;  (2) To attempt to locate any beneficiary or lineal descendant substitute, or determine whether a nonsurviving beneficiary or descendant had lineal descendants who survived the owner;  (3) To locate a trustee or custodian, obtain appointment of a successor trustee or custodian, or discover the existence of a trust instrument or will that creates an express trust; or  (4) To determine any fact or law that would cause the beneficiary designation to be revoked in whole or in part as to any person because of change in marital status or other reason, or that would qualify or disqualify any person to receive a share under the nonprobate transfer, or that would vary the distribution provided in the beneficiary designation.  6. (1) The transferring entity shall have no duty to withhold making a transfer based on knowledge of any fact or claim adverse to the transfer to be made unless, prior to the transfer, the transferring entity has received written notice at a place and time and in a manner which affords a reasonable opportunity to act on it before the transfer is made, that:  (a) Asserts a claim of beneficial interest in the transfer adverse to the transfer to be made;  (b) Gives the name of the claimant and an address for communications directed to the claimant;  (c) Identifies the deceased owner and the property to which the claim applies; and  (d) States the amount and nature of the claim as it affects the transfer.  (2) If a notice as provided in subdivision (1) of this subsection is received by the transferring entity, the transferring entity may discharge any duty to the claimant by delivering a notice or sending a notice by certified mail to the claimant at the address given in the notice of claim advising that a transfer adverse to the claimant's asserted claim may be made in thirty days from the date of delivery or mailing unless the transfer is restrained by a court order. If the transferring entity so delivers or mails such a notice it shall withhold making the transfer for thirty days after the date of delivery or mailing and may then make the transfer unless restrained by a court order.  (3) No other notice or other information shown to have been available to the transferring entity, its transfer agent and their employees, shall affect the right to the protections provided in sections 461.003 to 461.081.  7. The transferring entity shall have no responsibility for the application or use of property transferred to a fiduciary which the fiduciary as such is entitled to receive.  8. Notwithstanding the protections provided the transferring entity in sections 461.003 to 461.081, in the event the transferring entity is uncertain as to the beneficiary entitled to receive a transfer or the beneficiary's proper share, or in the event of a dispute as to the proper transfer, the transferring entity may require the parties to adjudicate their respective rights or to furnish an indemnity bond protecting the transferring entity.  9. A transfer by the transferring entity in accordance with sections 461.003 to 461.081 and pursuant to the beneficiary designation in good faith and in reliance on information the transferring entity reasonably believes to be accurate, discharges the transferring entity from all claims for the amounts paid and the property transferred.  10. The protections provided a transferring entity in sections 461.003 to 461.081 are in addition to protections provided by chapters 400, 403, 404 and 456. -------- (L. 1989 H.B. 145  38, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.067. Rights of owners and beneficiaries  improper distribution, liability of distributee  purchasers from distributee protected.  1. Any protection provided to a transferring entity or to a purchaser or lender for value under sections 461.003 to 461.081 shall have no bearing on the rights of beneficiaries or others in disputes among themselves concerning the ownership of the property.  2. Unless the payment or transfer can no longer be questioned because of adjudication, estoppel or limitations, a transferee of money or property pursuant to a nonprobate transfer that was improperly distributed or paid, is liable to return to the transferring entity or deliver to the rightful transferees the money or property improperly received and the income earned thereon by the transferee. If the transferee does not have the property, then the transferee is liable to return the value of the property as of the date of disposition, and the income and gain received by the transferee from the property and its proceeds. If the transferee has encumbered the property, the transferee shall satisfy any debt incurred that imposes an encumbrance on the property, sufficient to release any security interest, lien or other encumbrance on the property.  3. A purchaser for value of property or a lender who acquires a security interest in the property from a beneficiary of a nonprobate transfer after the death of the owner, in good faith, takes the property free of any claims of or liability to the owner's estate, creditors of the owner's estate, persons claiming rights as beneficiaries under the nonprobate transfer or heirs of the owner's estate, in absence of actual knowledge that the transfer was improper or that the information in an affidavit, if any, provided pursuant to subdivision (14) of subsection 3 of section 461.062 is not true; and, a purchaser or lender for value shall have no duty to verify sworn information relating to the nonprobate transfer. The protection provided by this subsection applies to information that relates to the ownership interest of the beneficiary in the property and the beneficiary's right to sell, encumber and transfer good title to a purchaser or lender and does not relieve a purchaser or lender from the notice imparted by instruments of record respecting the property.  4. A nonprobate transfer that is improper because of the application of sections 461.045 to 461.059 shall impose no liability on the transferring entity if made honestly in good faith, regardless of any negligence in determining the proper transferees. The remedy of the rightful transferees shall be limited to an action against the improper transferees. -------- (L. 1989 H.B. 145  39, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.071. Rights of creditors.  A deceased owner's creditors, surviving spouse and unmarried minor children shall have the rights set forth in section 461.300 with respect to the value of property passing by nonprobate transfer. -------- (L. 1989 H.B. 145  40, A.L. 1995 S.B. 116) 
Effective - 28 Aug 2001   461.073. Scope and application of law.  1. Subject to the provisions of section 461.079, sections 461.003 to 461.081 apply to a nonprobate transfer on death if at the time the owner designated the beneficiary:  (1) The owner was a resident of this state;  (2) The obligation to pay or deliver arose in this state or the property was situated in this state; or  (3) The transferring entity was a resident of this state or had a place of business in this state or the obligation to make the transfer was accepted in this state.  2. The direction for a nonprobate transfer on death of the owner and the obligation to execute the nonprobate transfer remain subject to the provisions of sections 461.003 to 461.081 despite a subsequent change in the beneficiary, in the rules of the transferring entity under which the transfer is to be executed, in the residence of the owner, in the residence or place of business of the transferring entity or in the location of the property.  3. Sections 461.003 to 461.045 and 461.059 to 461.065 do not apply to accounts or deposits in financial institutions unless the provisions of sections 461.003 to 461.081 are incorporated into the certificate, account or deposit agreement in whole or in part by express reference.  4. Sections 461.003 to 461.081 apply to transfer on death directions given to a personal custodian under the Missouri personal custodian law to the extent that they do not conflict with section 404.560.  5. Sections 461.003 to 461.045 and 461.059 to 461.065 do not apply to certificates of ownership or title issued by the director of revenue.  6. Sections 461.003 to 461.045, 461.051 and 461.059 to 461.081 do not apply to property, money or benefits paid or transferred at death pursuant to a life or accidental death insurance policy, annuity, contract, plan or other product sold or issued by a life insurance company unless the provisions of sections 461.003 to 461.081 are incorporated into the policy or beneficiary designation in whole or in part by express reference.  7. Sections 461.003 to 461.045 and 461.059 to 461.065 do not apply to any nonprobate transfer where the governing instrument or law expressly provides that the nonprobate transfers law of Missouri shall not apply.  8. Section 461.051 shall not apply to any employee benefit plan governed by 29 U.S.C. Section 1001 et seq. -------- (L. 1989 H.B. 145  41, A.L. 1995 S.B. 116, A.L. 2001 H.B. 644 merged with S.B. 227) 
Effective - 28 Aug 1995   461.076. Jurisdiction of probate division of circuit court.  The probate division of the circuit court may hear and determine questions and issue appropriate orders concerning the determination of the beneficiary who is entitled to receive a nonprobate transfer, the proper share of each beneficiary and any action to obtain the return of any money or property, or its value and earnings, improperly distributed to any person. -------- (L. 1989 H.B. 145  42, A.L. 1995 S.B. 116) 
Effective - 28 Aug 1995   461.079. Beneficiary designation valid under law of another state enforceable in Missouri  effect of transfer determined by local law selected in document or designation.  1. A beneficiary designation that purports to have been made and which is valid under the Uniform Probate Code, Uniform TOD Security Registration Law or similar law of another state is governed by the law of that state and the nonprobate transfer may be executed and enforced in this state.  2. The meaning and legal effect of a nonprobate transfer shall be determined by the local law of the particular state selected in a governing instrument or beneficiary designation.  3. The provisions of this chapter shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of this chapter among states enacting a similar law. -------- (L. 1995 S.B. 116) 
Effective - 28 Aug 1989   461.081. Nonprobate transfer laws to be effective when  prior transfers to be valid.  1. Sections 461.003 to 461.081 shall apply to beneficiary designations for nonprobate transfers made on and after August 28, 1989. Sections 461.003 to 461.081 shall apply to all nonprobate transfers occurring on and after January 1, 1990.  2. Any provision for a nonprobate transfer of money, benefits or property at death as now permitted in sections 461.003 to 461.081, purported to have been made before August 28, 1989, is validated notwithstanding that there was no specific statutory authority for making the nonprobate transfer in that manner at the time provision for the nonprobate transfer was made. -------- (L. 1989 H.B. 145  43) 
Effective - 28 Aug 2004, 2 histories   461.300. Recipients of recoverable transfer to pay pro rata share of all property received to cover statutory allowances and claims due estate, enforced by action for accounting, time limitation  action effect on transferring entity.  1. Each recipient of a recoverable transfer of a decedent's property shall be liable to account for a pro rata share of the value of all such property received, to the extent necessary to discharge the statutory allowances to the decedent's surviving spouse and dependent children, and claims remaining unpaid after application of the decedent's estate, including expenses of administration and costs as provided in subsection 3 of this section, and including estate or inheritance or other transfer taxes imposed by reason of the decedent's death only where payment of those taxes is a prerequisite to satisfying unpaid claims which have a lower level of priority. No proceeding may be brought under this section when the deficiency described in this subsection is solely attributable to costs and expenses of administration.  2. The obligation of a recipient of a recoverable transfer may be enforced by an action for accounting commenced within eighteen months following the decedent's death by the decedent's personal representative or a qualified claimant, but no action for accounting under this section shall be commenced by any qualified claimant unless the personal representative has received a written demand therefor by a qualified claimant, within sixteen months following the decedent's death. If the personal representative fails to commence an action within thirty days of the receipt of a written demand to do so, any qualified claimant may commence such action. If the personal representative fails to commence the action, the personal representative shall disclose to the qualified claimant or qualified claimants who made such written demand all material knowledge within the possession of the personal representative reasonably relating to the identity of any recipient of a recoverable transfer made by the decedent. In the event the personal representative fails to provide such information with respect to any recoverable transfer of the decedent's property to the personal representative, the eighteen-month limitation is tolled for such recoverable transfer until such time as the personal representative provides such information. In the event the personal representative is alleged in a verified pleading to be a recipient of a recoverable transfer from the decedent, the court may appoint an administrator ad litem to represent the estate in any proceeding brought pursuant to this section. Sums recovered in an action for accounting under this section shall be administered by the personal representative as part of the decedent's estate.  3. The judgment in a proceeding authorized by this section shall take into account the expenses of administration of the estate including the cost of administering the additional assets obtained in the proceeding, and the costs of the proceeding to the extent authorized by this subsection. The court may order the costs of the proceeding, including attorney fees, to be treated as expenses of administration of the estate.  4. If an action for accounting has been commenced under this section within eighteen months following the decedent's death, then any party to the proceeding may join and bring into the action for accounting any other recipient of a recoverable transfer of the decedent's property even if the other recipient is not joined until more than eighteen months following the decedent's death. If an action for accounting has been commenced under this section more than eighteen months following the decedent's death pursuant to the tolling provisions of subsection 2 of this section, then the personal representative, or former personal representative, who received a recoverable transfer of the decedent's property shall be liable to account under the provisions of subsection 1 of this section for the value of all such property received by such personal representative, or former personal representative, and no other recipient of a recoverable transfer of the decedent's property may be joined or brought into the action, and in such case, full recovery, rather than pro rata recovery, may be had from the recoverable property received by such personal representative or former personal representative.  5. This section shall not affect the right of any transferring entity, as defined in section 461.005, to execute a direction of the decedent to make a payment or to make a recoverable transfer on death of the decedent, or make the transferring entity liable to the decedent's estate, unless before the payment or transfer is made the transferring entity has been served with process in a proceeding brought under this section and the transferring entity has had a reasonable time to act on it.  6. This section does not create a lien on any property that is the subject of a recoverable transfer, except as a lien may be perfected by the way of attachment, garnishment, or judgment in an accounting proceeding authorized by this section.  7. An action for accounting under the provisions of this section may be filed in the probate division of the circuit court, and the probate division of the circuit court may hear and determine questions and issue appropriate orders in an action for accounting under this section. Any proceeding under this section and any statements by a personal representative in connection with any recoverable transfer shall be deemed to be proceedings or statements under the probate code that are subject to section 472.013.  8. The recipient of any property held in trust that was subject to the satisfaction of the decedent's debts immediately prior to the decedent's death, and the recipient of any property held in joint tenancy with right of survivorship that was subject to the satisfaction of the decedent's debts immediately prior to the decedent's death, are subject to this section, but only to the extent of the decedent's contribution to the value of the property.  9. The provisions of this section shall apply to all actions commenced after August 28, 1995, except that with respect to decedents dying prior to August 28, 1995, an action for accounting under this section may be commenced within two years following the decedent's death.  10. As used in this section, the following terms mean:  (1) "Creditor", any person to whom the decedent is liable, which liability survives whether arising in contract, tort, or otherwise, and any person to whom the decedent's estate is liable for funeral expenses and the reasonable cost of a tombstone;  (2) "Dependent child", the decedent's minor children whom the decedent was obligated to support and the children who were in fact being supported by the decedent;  (3) "Qualified claimant", a creditor, surviving spouse, dependent child, or a person acting for a dependent child of the decedent;  (4) "Recoverable transfer", a nonprobate transfer of a decedent's property under sections 461.003 to 461.081 and any other transfer of a decedent's property other than from the administration of the decedent's probate estate that was subject to satisfaction of the decedent's debts immediately prior to the decedent's death, but only to the extent of the decedent's contribution to the value of such property. -------- (L. 1995 S.B. 116, A.L. 2004 H.B. 1511)  (2009) Section allows State to bring an action for accounting in the context of Medicaid estate recovery of the value of a nonprobate asset. In re Estate of Jones, 280 S.W.3d 647 (Mo.banc).  (2014) In action for accounting by creditor against debtor's estate to recover value of nonprobate transfers, proper remedy was money judgment in amount of value of recoverable transfers, and in calculating amount recoverable by creditor, time for valuing property is date of debtor's death. Citizens-Farmers Bank of Cole Camp v. Merriott, 439 S.W.3d 259 (Mo.App.W.D.). 
Effective - 28 Aug 1997, 2 histories   469.010. General rule, effect of disclaimer.  Any individual to whom property or an interest therein is donatively transferred by any means, including a transfer resulting from another disclaimer, may disclaim all or any portion of the transfer. Unless the terms of the transfer otherwise provide, the disclaimer shall cause the terms of the transfer to be applied to the disclaimed transfer and to any future interests taking effect thereafter as if the disclaimant had died immediately before the transfer. The presumption of a disclaimant's death does not prevent recognition of the disclaimant's later born children and their issue, assuming they have rights after all proper acceleration has taken place, nor does it prevent recognition of future and other interests of the disclaimant which are not disclaimed. For all purposes the disclaimed interest is deemed to have passed directly from the transferor to the ultimate taker or takers and is not subject to the claim of any creditor of the disclaimant. A disclaimed portion of a transfer passes to the same ultimate taker or takers and in the same proportions as in the case of a disclaimer of all of the transfer. -------- (L. 1997 S.B. 265) 
Effective - 28 Aug 1997, 2 histories   469.020. Disclaimer, how and when made  delivery  right to disclaim.  1. A disclaimer is made by a writing showing an unconditional refusal to accept a transfer, or a portion thereof, signed by the disclaimant, or representative, and delivered on or before nine months after the transfer, or by any later time provided in the particular case or pursuant to other provisions of this chapter, and before any acceptance of the disclaimed interest. Delivery of a disclaimer may be accomplished by delivery to the transferor, the transferor's personal representative or other legal representative, or the holder of the legal title to the property to which the interest related. A disclaimer involving an estate or property within the jurisdiction of the probate division of a circuit court may be filed in that division.  2. The right to disclaim exists notwithstanding any intention to the contrary expressed by the transferor and notwithstanding any limitation on the disclaimant such as a spendthrift provision or similar restriction. -------- (L. 1997 S.B. 265) 
Effective - 28 Aug 1997, 2 histories   469.030. Acceptance, how shown, preclusion of later disclaimer  who may accept or disclaim.  1. Except as otherwise provided in sections 469.090 and 469.100, acceptance of a transferred interest or a portion thereof may be shown by conduct, including acceptance of benefits. Acceptance precludes any later disclaimer.  2. A disclaimer or acceptance may be made on a person's behalf by the person's representative who may be an authorized agent, the guardian or conservator of a minor or disabled person, or the personal representative of a deceased person. -------- (L. 1997 S.B. 265) 
Effective - 28 Aug 1997, 2 histories   469.040. Revocable transfers.  A transfer that is subject to the transferor's power to revoke is not a transfer for purposes of this chapter unless such power is released or extinguished. -------- (L. 1997 S.B. 265) 
Effective - 28 Aug 1997, 2 histories   469.050. Separate interests, disclaimers or acceptance.  Each separate interest in property is subject to disclaimer or acceptance and each separate interest, including any specific amount, part, fraction or asset thereof, or formula amount based on present or future facts independent of the disclaimant's volition, is subject to disclaimer or acceptance. -------- (L. 1997 S.B. 265) 
Effective - 28 Aug 1997, 2 histories   469.070. Contingent interests.  A contingent future interest may be disclaimed in whole or in part under the provisions of this chapter at any time before, or within nine months after, beneficiaries of the interest have been fully ascertained and their interests vested. A vested interest subject to defeasance or divestment shall be deemed a contingent interest for purposes of this chapter. -------- (L. 1997 S.B. 265) 
Effective - 28 Aug 1997, 2 histories   469.080. Per stirpes transfers.  In the case of a per stirpes distribution or vesting, either under an instrument or by operation of law, a prior or subsequent disclaimer by an individual living at the time of the transfer or vesting does not change the stocks that are to be used as the basis of the division between beneficiaries of succeeding generations. -------- (L. 1997 S.B. 265) 
Effective - 28 Aug 1997, 2 histories   469.090. Special rules for interests under old transfers.  The following rules set forth in subdivisions (1) and (2) of this section shall apply in the case of a vested interest or vested future interest created by a transfer made before 1977, and may apply in such case to lengthen, but shall not shorten, the time for disclaimer otherwise available:  (1) Such interest is subject to disclaimer in whole or in part for a reasonable time after the disclaimant has knowledge of the existence of the transfer;  (2) If the interest has vested before the disclaimant's eighteenth birthday, and the disclaimant has knowledge of the existence of the transfer before the disclaimant's eighteenth birthday, such interest is subject to disclaimer in whole or in part until a reasonable time elapses after the disclaimant's eighteenth birthday, except that a written acceptance by the disclaimant's representative shall constitute an acceptance of any portion of the interest. -------- (L. 1997 S.B. 265) 
Effective - 28 Aug 1997, 2 histories   469.100. Special rule for persons attaining majority  transfers after 1976.  In the case of a transfer made after 1976 creating an interest or future interest that has vested in a person before such person's twenty-first birthday, such interest shall be subject to disclaimer as provided in this chapter until nine months after the person's twenty-first birthday. No act or conduct of the person prior to such twenty-first birthday, other than a written acceptance, shall constitute an acceptance of any portion of the interest. -------- (L. 1997 S.B. 265) 
Effective - 28 Aug 1997, 2 histories   469.110. Chapter not exclusive.  This chapter does not abridge or affect the right of any person to transfer, release, disclaim or renounce any property, interest or power, or elect against a will, under any other statute or under the common law. -------- (L. 1997 S.B. 265) 
Effective - 28 Aug 1997, 2 histories   469.120. Retroactive effect.  This chapter shall be effective with respect to any disclaimer made after August 13, 1982, except that rights which have vested pursuant to any such disclaimer shall not be disturbed by the provisions of this chapter. -------- (L. 1997 S.B. 265) 
Effective - 28 Aug 2004, 2 histories   469.240. Definitions.  1. In sections 469.240 to 469.350 unless the context or subject matter otherwise requires:  (1) "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking;  (2) "Fiduciary" includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate;  (3) "Person" includes a corporation, partnership, or other association, or two or more persons having a joint or common interest;  (4) "Principal" includes any person to whom a fiduciary as such owes an obligation.  2. A thing is done "in good faith" within the meaning of sections 469.240 to 469.350, when it is in fact done honestly, whether it be done negligently or not. -------- (L. 1959 S.B. 121  1, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.240 
Effective - 10 Jul 1991, 2 histories   469.250. Payment or transfers to fiduciaries or at the direction of the fiduciary, effect on transferor.  A person who in good faith pays or transfers to a fiduciary or to any other person as directed by a fiduciary any money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary, and any right or title acquired from the fiduciary in consideration of such payment or transfer is not invalid in consequence of a misapplication by the fiduciary. -------- (L. 1959 S.B. 121  2, A.L. 1991 S.B. 352, A.L. 2004 H.B. 1511)  Effective 7-10-91  Transferred 2004; formerly 456.250  CROSS REFERENCE:  Transfer of corporate securities by fiduciary, rights of corporation or agency, 403.250 to 430.350 
Effective - 28 Aug 2004, 2 histories   469.260. Transfer of negotiable instrument by fiduciary.  If any negotiable instrument payable or endorsed to a fiduciary as such is endorsed by the fiduciary, or if any negotiable instrument payable or endorsed to his principal is endorsed by a fiduciary empowered to endorse such instrument on behalf of his principal, the endorsee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in endorsing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, such instrument is transferred by the fiduciary in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is transferred in any transaction known by the transferee to be for the personal benefit of the fiduciary, the creditor or other transferee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in transferring the instrument. -------- (L. 1959 S.B. 121  4, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.260 
Effective - 28 Aug 2004, 2 histories   469.270. Check drawn by fiduciary payable to third person.  If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in drawing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that this action in taking the instrument amounts to bad faith. If, however, such instrument is payable to a personal creditor of the fiduciary and delivered to the creditor in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is drawn and delivered in any transaction known by the payee to be for the personal benefit of the fiduciary, the creditor or other payee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the instrument. -------- (L. 1959 S.B. 121  5, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.270 
Effective - 28 Aug 2004, 2 histories   469.280. Check drawn by and payable to fiduciary.  If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to the fiduciary, and is thereafter transferred by the fiduciary, whether in payment of a personal debt of the fiduciary or otherwise, the transferee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. -------- (L. 1959 S.B. 121  6, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.280 
Effective - 28 Aug 2004, 2 histories   469.290. Deposit in name of fiduciary as such.  If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check. -------- (L. 1959 S.B. 121  7, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.290 
Effective - 28 Aug 2004, 2 histories   469.300. Deposit in name of principal.  If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal's account, the bank is authorized to pay such check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing such check, or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check. -------- (L. 1959 S.B. 121  8, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.300 
Effective - 28 Aug 2004, 2 histories   469.310. Deposit in fiduciary's personal account.  If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary, or of checks payable to him as fiduciary, or of checks drawn by him upon an account in the name of his principal if he is empowered to draw checks thereon, or of checks payable to his principal and endorsed by him, if he is empowered to endorse such checks, or if he otherwise makes a deposit of funds held by him as fiduciary, the bank receiving such deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligation as fiduciary; and the bank is authorized to pay the amount of the deposit or any part thereof upon the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making such deposit or in drawing such check, or with knowledge of such facts that its action in receiving the deposit or paying the check amounts to bad faith. -------- (L. 1959 S.B. 121  9, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.310 
Effective - 28 Aug 2004, 2 histories   469.320. Deposit in name of two or more trustees.  When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or trustees to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize such trustee or trustees to draw checks upon the trust account, and is not liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith. -------- (L. 1959 S.B. 121  10, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.320 
Effective - 28 Aug 2004, 2 histories   469.330. Cases not provided for in law.  In any case not provided for in sections 469.240 to 469.350 the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments and banking, shall continue to apply. -------- (L. 1959 S.B. 121  11, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.330 
Effective - 28 Aug 2004, 2 histories   469.340. Uniformity of interpretation.  This law shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. -------- (L. 1959 S.B. 121  12, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.340 
Effective - 28 Aug 2004, 2 histories   469.350. Short title.  Sections 469.240 to 469.350 may be cited as the "Uniform Fiduciaries Law". -------- (L. 1959 S.B. 121  13, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.350 
Effective - 28 Aug 2004   469.401. Definitions.  As used in sections 469.401 to 469.467, the following terms mean:  (1) "Accounting period", a calendar year unless another twelve-month period is selected by a fiduciary. The term includes a portion of a calendar year or other twelve-month period that begins when an income interest begins or ends when an income interest ends;  (2) "Beneficiary", an heir, legatee and devisee of a decedent's estate, and an income beneficiary and a remainder beneficiary of a trust, including any type of entity that has a beneficial interest in either an estate or a trust;  (3) "Fiduciary", a personal representative, trustee, executor, administrator, successor personal representative, special administrator and any other person performing substantially the same function;  (4) "Income", money or property that a fiduciary receives as current return from a principal asset, including a portion of receipts from a sale, exchange or liquidation of a principal asset, as provided in sections 469.423 to 469.449;  (5) "Income beneficiary", a person to whom net income of a trust is or may be payable;  (6) "Income interest", the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion;  (7) "Mandatory income interest", the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute;  (8) "Net income", if section 469.411 applies to the trust, the unitrust amount, or if section 469.411 does not apply to the trust, the total receipts allocated to income during an accounting period minus the disbursements made from income during the same period, plus or minus transfers pursuant to sections 469.401 to 469.467 to or from income during the same period;  (9) "Person", an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation or any other legal or commercial entity;  (10) "Principal", property held in trust for distribution to a remainder beneficiary when the trust terminates;  (11) "Qualified beneficiary", a beneficiary defined in section 456.1-103;  (12) "Remainder beneficiary", a person entitled to receive principal when an income interest ends;  (13) "Terms of a trust", the manifestation of the settlor's or decedent's intent expressed in a manner which is admissible as proof in a judicial proceeding, whether by written or spoken words or by conduct;  (14) "Trustee", an original, additional or successor trustee, whether or not appointed or confirmed by a court;  (15) "Unitrust amount", net income as defined by section 469.411. -------- (L. 2001 H.B. 241, A.L. 2004 H.B. 1511) 
Effective - 28 Aug 2004   469.402. Applicability.  The provisions of sections 456.3-301 to 456.3-305 shall apply to sections 469.401 to 469.467 for all purposes. -------- (L. 2004 H.B. 1511) 
Effective - 28 Aug 2001   469.403. Disbursements to or between principal and income, fiduciary's responsibilities.  1. In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of sections 469.413 to 469.421, a fiduciary:  (1) Shall administer a trust or estate under the terms of the trust or the will, even if there is a different provision in sections 469.401 to 469.467;  (2) May administer a trust or estate by exercising a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by sections 469.401 to 469.467;  (3) Shall administer a trust or estate pursuant to sections 469.401 to 469.467 if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration; and  (4) Shall add a receipt or charge a disbursement to principal to the extent that the terms of the trust and sections 469.401 to 469.467 do not provide a rule for allocating the receipt or disbursement to or between principal and income.  2. In exercising the power to adjust pursuant to section 469.405 or a discretionary power of administration regarding a matter within the scope of sections 469.401 to 469.467, whether granted by the terms of a trust, a will, or sections 469.401 to 469.467, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent that the terms of the trust or the will clearly manifest an intent that the fiduciary shall or may favor one or more of the beneficiaries. A determination in accordance with sections 469.401 to 469.467 is presumed to be fair and reasonable to all of the beneficiaries. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2001   469.405. Adjustments between principal and income permitted by trustee, factors to be considered  no adjustment permitted, when.  1. A trustee may adjust between principal and income to the extent the trustee considers necessary if the trustee invests and manages trust assets as a prudent investor, the terms of the trust describe the amount that may or shall be distributed to a beneficiary by referring to the trust's income, and the trustee determines, after applying subsection 1 of section 469.403, that the trustee is unable to comply with subsection 2 of section 469.403.  2. In deciding whether and to what extent to exercise the power conferred by subsection 1 of this section, a trustee shall consider all factors relevant to the trust and its beneficiaries, including the following factors to the extent relevant:  (1) The nature, purpose and expected duration of the trust;  (2) The intent of the settlor;  (3) The identity and circumstances of the beneficiaries;  (4) The needs for liquidity, regularity of income, and preservation and appreciation of capital;  (5) The assets held in the trust, including the extent to which such assets consist of financial assets, interests in closely held enterprises, tangible and intangible personal property, or real property, and the extent to which such assets are used by a beneficiary, and whether such assets were purchased by the trustee or received from the settlor;  (6) The net amount allocated to income pursuant to sections 469.401 to 469.467, other than this section, and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available;  (7) Whether and to what extent the terms of the trust give the trustee the power to invade principal or accumulate income, or prohibit the trustee from invading principal or accumulating income, and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income;  (8) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation; and  (9) The anticipated tax consequences of an adjustment.  3. A trustee may not make an adjustment:  (1) That diminishes the income interest in a trust which requires all of the income to be paid at least annually to a spouse and for which an estate tax or gift tax marital deduction would be allowed, in whole or in part, if the trustee did not have the power to make the adjustment;  (2) That reduces the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a gift tax exclusion;  (3) That changes the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets;  (4) From any amount that is permanently set aside for charitable purposes under a will or the terms of a trust to the extent that the existence of the power to adjust would change the character of the amount set aside for federal income, gift or estate tax purposes;  (5) If possessing or exercising the power to make an adjustment causes an individual to be treated as the owner of all or part of the trust for income tax purposes, and the individual would not be treated as the owner if the trustee did not possess the power to make an adjustment;  (6) If possessing or exercising the power to make an adjustment causes all or part of the trust assets to be included for estate tax purposes in the estate of an individual who has the power to remove or appoint a trustee, or both, and the assets would not be included in the estate of the individual if the trustee did not possess the power to make an adjustment;  (7) If the trustee is a beneficiary of the trust; or  (8) If the trustee is not a beneficiary, but the adjustment would benefit the trustee directly or indirectly.  4. If subdivision (5), (6), (7) or (8) of subsection 3 of this section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee or trustees is not permitted by the terms of the trust.  5. A trustee may release the entire power conferred by subsection 1 of this section, or may release only the power to adjust from income to principal or the power to adjust from principal to income if the trustee is uncertain about whether possessing or exercising the power will cause a result described in subdivisions (1) to (6) or subdivision (8) of subsection 3 of this section, or if the trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection 3 of this section. The release may be permanent or for a specified period, including a period measured by the life of an individual.  6. Terms of a trust that limit the power of a trustee to make an adjustment between principal and income do not affect the application of this section unless it is clear from the terms of the trust that the terms are intended to deny the trustee the power of adjustment conferred by subsection 1 of this section. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2004   469.409. Bar on claim of breach of fiduciary duty, when  applicable rules.  1. Any claim for breach of a trustee's duty to impartially administer a trust related, directly or indirectly, to an adjustment made by a fiduciary to the allocation between principal and income pursuant to subsection 1 of section 469.405 or any allocation made by the fiduciary pursuant to any authority or discretion specified in subsection 1 of section 469.403, unless previously barred by adjudication, consent or other limitation, shall be barred as provided in this section.  (1) Any such claim brought by a qualified beneficiary is barred if not asserted in a judicial proceeding commenced within two years after the trustee has sent a report to that qualified beneficiary that adequately discloses the facts constituting the claim.  (2) Any such claim brought by a beneficiary (other than a qualified beneficiary) with any interest whatsoever in the trust, no matter how remote or contingent, or whether or not the beneficiary is ascertainable or has the capacity to contract, is barred if not asserted in a judicial proceeding commenced within two years after the first to occur of:  (a) The date the trustee sent a report to all qualified beneficiaries that adequately discloses the facts constituting the claim; or  (b) The date the trustee sent a report to a person that represents the beneficiary under the provisions of subdivision (2) of subsection 2 of this section.  2. For purposes of this section the following rules shall apply:  (1) A report adequately discloses the facts constituting a claim if it provides sufficient information so that the beneficiary should know of the claim or reasonably should have inquired into its existence;  (2) Section 469.402 shall apply in determining whether a beneficiary (including a qualified beneficiary) has received notice for purposes of this section;  (3) The determination of the identity of all qualified beneficiaries shall be made on the date the report is deemed to have been sent; and  (4) This section does not preclude an action to recover for fraud or misrepresentation related to the report. -------- (L. 2001 H.B. 241, A.L. 2004 H.B. 1511) 
Effective - 28 Aug 2011, 2 histories   469.411. Determination of unitrust amount  definitions  exclusions to average net fair market value of assets  applicability of section to certain trusts  net income of trust to be unitrust amount, when.  1. (1) If the provisions of this section apply to a trust, the unitrust amount determined for each accounting year of the trust shall be a percentage between three and five percent of the average net fair market value of the trust, as of the first day of the trust's current accounting year. The percentage applicable to a trust shall be that percentage specified by the terms of the governing instrument or by the election made in accordance with subdivision (2) of subsection 5 of this section.  (2) The unitrust amount for the current accounting year computed pursuant to this section shall be proportionately reduced for any distributions, in whole or in part, other than distributions of the unitrust amount, and for any payments of expenses, including debts, disbursements and taxes, from the trust within a current accounting year that the trustee determines to be material and substantial, and shall be proportionately increased for the receipt, other than a receipt that represents a return on investment, of any additional property into the trust within a current accounting year.  (3) For purposes of this section, the net fair market values of the assets held in the trust on the first business day of a prior accounting quarter shall be adjusted to reflect any reduction, in the case of a distribution or payment, or increase, in the case of a receipt, for the prior accounting year pursuant to subdivision (1) of this subsection, as if the distribution, payment or receipt had occurred on the first day of the prior accounting year.  (4) In the case of a short accounting period, the trustee shall prorate the unitrust amount on a daily basis.  (5) In the case where the net fair market value of an asset held in the trust has been incorrectly determined in any quarter, the unitrust amount shall be increased in the case of an undervaluation, or be decreased in the case of an overvaluation, by an amount equal to the difference between the unitrust amount determined based on the correct valuation of the asset and the unitrust amount originally determined.  2. As used in this section, the following terms mean:  (1) "Average net fair market value", a rolling average of the fair market value of the assets held in the trust on the first business day of the lessor of the number of accounting quarters of the trust from the date of inception of the trust to the determination of the trust's average net fair market value, or twelve accounting quarters of the trust, regardless of whether this section applied to the ascertainment of net income for all valuation quarters;  (2) "Current accounting year", the accounting period of the trust for which the unitrust amount is being determined.  3. In determining the average net fair market value of the assets held in the trust, there shall not be included the value of:  (1) Any residential property or any tangible personal property that, as of the first business day of the current valuation year, one or more income beneficiaries of the trust have or had the right to occupy, or have or had the right to possess or control, other than in a capacity as trustee, and instead the right of occupancy or the right to possession or control shall be deemed to be the unitrust amount with respect to the residential property or the tangible personal property; or  (2) Any asset specifically given to a beneficiary under the terms of the trust and the return on investment on that asset, which return on investment shall be distributable to the beneficiary.  4. In determining the average net fair market value of the assets held in the trust pursuant to subsection 1 of this section, the trustee shall, not less often than annually, determine the fair market value of each asset of the trust that consists primarily of real property or other property that is not traded on a regular basis in an active market by appraisal or other reasonable method or estimate, and that determination, if made reasonably and in good faith, shall be conclusive as to all persons interested in the trust. Any claim based on a determination made pursuant to this subsection shall be barred if not asserted in a judicial proceeding brought by any beneficiary with any interest whatsoever in the trust within two years after the trustee has sent a report to all qualified beneficiaries that adequately discloses the facts constituting the claim. The rules set forth in subsection 2 of section 469.409 shall apply to the barring of claims pursuant to this subsection.  5. This section shall apply to the following trusts:  (1) Any trust created after August 28, 2001, with respect to which the terms of the trust clearly manifest an intent that this section apply;  (2) Any trust created under an instrument that became irrevocable on, before, or after August 28, 2001, if the trustee, in the trustee's discretion, elects to have this section apply unless the instrument creating the trust specifically prohibits an election under this subdivision. The trustee shall deliver notice to all qualified beneficiaries and the settlor of the trust, if he or she is then living, of the trustee's intent to make such an election at least sixty days before making that election. The trustee shall have sole authority to make the election. Section 469.402 shall apply for all purposes of this subdivision. An action or order by any court shall not be required. The election shall be made by a signed writing delivered to the settlor of the trust, if he or she is then living, and to all qualified beneficiaries. The election is irrevocable, unless revoked by order of the court having jurisdiction of the trust. The election may specify the percentage used to determine the unitrust amount pursuant to this section, provided that such percentage is between three and five percent, or if no percentage is specified, then that percentage shall be three percent. In making an election pursuant to this subsection, the trustee shall be subject to the same limitations and conditions as apply to an adjustment between income and principal pursuant to subsections 3 and 4 of section 469.405; and  (3) No action of any kind based on an election made by a trustee pursuant to subdivision (2) of this subsection shall be brought against the trustee by any beneficiary of that trust three years from the effective date of that election.  6. (1) Once the provisions of this section become applicable to a trust, the net income of the trust shall be the unitrust amount.  (2) Unless otherwise provided by the governing instrument, the unitrust amount distributed each year shall be paid from the following sources for that year up to the full value of the unitrust amount in the following order:  (a) Net income as determined if the trust were not a unitrust;  (b) Other ordinary income as determined for federal income tax purposes;  (c) Assets of the trust principal for which there is a readily available market value; and  (d) Other trust principal.  (3) Additionally, the trustee may allocate to trust income for each taxable year of the trust, or portion thereof:  (a) Net short-term capital gain described in the Internal Revenue Code, 26 U.S.C. Section 1222(5), for such year, or portion thereof, but only to the extent that the amount so allocated together with all other amounts to trust income, as determined under the provisions of this chapter without regard to this section, for such year, or portion thereof, does not exceed the unitrust amount for such year, or portion thereof;  (b) Net long-term capital gain described in the Internal Revenue Code, 26 U.S.C. Section 1222(7), for such year, or portion thereof, but only to the extent that the amount so allocated together with all other amounts, including amounts described in paragraph (a) of this subdivision, allocated to trust income for such year, or portion thereof, does not exceed the unitrust amount for such year, or portion thereof.  7. A trust with respect to which this section applies on August 28, 2011, may calculate the unitrust amount in accordance with the provisions of this section, as it existed either before or after such date, as the trustee of such trust shall determine in a writing kept with the records of the trust in the trustee's discretion. -------- (L. 2001 H.B. 241, A.L. 2002 H.B. 1151 merged with S.B. 742, A.L. 2004 H.B. 1511, A.L. 2009 H.B. 239, A.L. 2011 S.B. 59) 
Effective - 28 Aug 2001   469.413. Death of decedent or end of income interest, applicable rules.  After a decedent dies, in the case of an estate, or after an income interest in a trust ends, the following rules apply:  (1) A fiduciary of an estate or of a terminating income interest shall determine the amount of net income and net principal receipts received from property specifically given to a beneficiary pursuant to the rules in sections 469.417 to 469.461 which apply to trustees and the rules in subdivision (5) of this section. The fiduciary shall distribute the net income and net principal receipts to the beneficiary who is to receive the specific property;  (2) A fiduciary shall determine the remaining net income of a decedent's estate or a terminating income interest pursuant to the rules in sections 469.417 to 469.461 which apply to trustees and by:  (a) Including in net income all income from property used to discharge liabilities;  (b) Paying from income or principal, in the fiduciary's discretion, fees of attorneys, accountants and fiduciaries; court costs and other expenses of administration; and interest on death taxes, but the fiduciary may pay those expenses from income of property passing to a trust for which the fiduciary claims an estate tax marital or charitable deduction only to the extent that the payment of those expenses from income will not cause the reduction or loss of the deduction; and  (c) Paying from principal all other disbursements made or incurred in connection with the settlement of a decedent's estate or the winding up of a terminating income interest, including debts, funeral expenses, disposition of remains, family allowances, and death taxes and related penalties that are apportioned to the estate or terminating income interest by the will, the terms of the trust, or applicable law;  (3) A fiduciary shall distribute to a beneficiary who receives a pecuniary amount outright the interest or any other amount provided by the will, the terms of the trust, or in the absence of any such provisions, the provisions of section 473.633, from net income determined pursuant to subdivision (2) of this section or from principal to the extent that net income is insufficient. If a beneficiary is to receive a pecuniary amount outright from a trust after an income interest ends and no interest or other amount is provided for by the terms of the trust or applicable law, the fiduciary shall distribute the interest or other amount to which the beneficiary would be entitled under applicable law if the pecuniary amount were required to be paid under a will;  (4) A fiduciary shall distribute the net income remaining after distributions required by subdivision (3) of this section in the manner described in section 469.415 to all other beneficiaries, including a beneficiary who receives a pecuniary amount in trust, even if the beneficiary holds an unqualified power to withdraw assets from the trust or other presently exercisable general power of appointment over the trust;  (5) A fiduciary may not reduce principal or income receipts from property described in subdivision (1) of this section because of a payment described in sections 469.451 and 469.453 to the extent that the will, the terms of the trust, or applicable law requires the fiduciary to make the payment from assets other than the property or to the extent that the fiduciary recovers or expects to recover the payment from a third party. The net income and principal receipts from the property are determined by including all of the amounts the fiduciary receives or pays with respect to the property, whether those amounts accrued or became due before, on or after the date of a decedent's death or an income interest's terminating event, and by making a reasonable provision for amounts that the fiduciary believes the estate or terminating income interest may become obligated to pay after the property is distributed. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2001   469.415. Rights of beneficiaries to net income.  1. Each beneficiary described in subdivision (4) of section 469.413 is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to whom this section applies, each beneficiary, including one who does not receive part of the distribution, is entitled, as of each distribution date, to the net income the fiduciary has received after the date of death or terminating event or earlier distribution date but has not distributed as of the current distribution date.  2. In determining a beneficiary's share of net income, the following rules apply:  (1) The beneficiary is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date, including assets that later may be sold to meet principal obligations;  (2) The beneficiary's fractional interest in the undistributed principal assets shall be calculated without regard to property specifically given to a beneficiary and property required to pay pecuniary amounts not in trust;  (3) The beneficiary's fractional interest in the undistributed principal assets shall be calculated on the basis of the aggregate value of those assets as of the distribution date without reducing the value by any unpaid principal obligation;  (4) The distribution date for purposes of this section may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which assets are actually distributed.  3. If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income.  4. A fiduciary may apply the rules in this section, to the extent that the fiduciary considers it appropriate, to net gain or loss realized after the date of death or terminating event or earlier distribution date from the disposition of a principal asset if this section applies to the income from the asset. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2001   469.417. Beneficiary entitled to net income, when  asset subject to trust, when  income interest.  1. An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest.  2. An asset becomes subject to a trust:  (1) On the date it is transferred to the trust in the case of an asset that is transferred to a trust during the transferor's life;  (2) On the date of a testator's death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator's estate; or  (3) On the date of an individual's death in the case of an asset that is transferred to a fiduciary by a third party because of the individual's death.  3. An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined pursuant to subsection 4 of this section, even if there is an intervening period of administration to wind up the preceding income interest.  4. An income interest ends on the day before an income beneficiary dies or another terminating event occurs, or on the last day of a period during which there is no beneficiary to whom a trustee may distribute income. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2004   469.419. Trustee to allocate income receipt or disbursement, when.  1. A trustee shall allocate an income receipt or disbursement other than one to which subdivision* (1) of section 469.413 applies to principal if its due date occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income interest.  2. A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the date on which a decedent dies or an income interest begins and it is a periodic due date. An income receipt or disbursement shall be treated as accruing from day to day if its due date is not periodic or it has no due date. The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins shall be allocated to principal and the balance shall be allocated to income.  3. An item of income or an obligation is due on the date a payment is required. If a payment date is not stated, there is no due date for the purposes of sections 469.401 to 469.467. Distributions to shareholders or other owners from an entity to which section 469.423 applies are deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution. A due date is periodic for receipts or disbursements that shall be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals. -------- (L. 2001 H.B. 241, A.L. 2004 H.B. 1511)  *Word "subsection" appears in original rolls. 
Effective - 28 Aug 2001   469.421. Mandatory income interest, undistributed income, paid when.  1. For purposes of this section, the phrase "undistributed income" means net income received before the date on which an income interest ends. The phrase does not include an item of income or expense that is due or accrued, or net income that has been added or is required to be added to principal under the terms of the trust.  2. When a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary's share of the undistributed income that is not disposed of under the terms of the trust unless the beneficiary has an unqualified power to revoke more than five percent of the trust immediately before the income interest ends. In the latter case, the undistributed income from the portion of the trust that may be revoked shall be added to principal.  3. When a trustee's obligation to pay a fixed annuity or a fixed fraction of the value of the trust's assets ends, the trustee shall prorate the final payment if and to the extent required by applicable law to accomplish a purpose of the trust or its settlor relating to income, gift, estate or other tax requirements. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2004   469.423. Allocations by trustee  entity defined.  1. For purposes of this section, the term "entity" means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund, or any other organization in which a trustee has an interest, other than a trust or estate to which section 469.425 applies, a business or activity to which section 469.427 applies, or an asset-backed security to which section 469.449 applies.  2. Except as otherwise provided in this section, a trustee shall allocate to income money received from an entity.  3. A trustee shall allocate the following receipts from an entity to principal:  (1) Property other than money;  (2) Money received in one distribution or a series of related distributions in exchange for part or all of a trust's interest in the entity;  (3) Money received in total or partial liquidation of the entity; and  (4) Money received from an entity that is a regulated investment company or a real estate investment trust if the money distributed is a capital gain dividend for federal income tax purposes.  4. Money is received in partial liquidation:  (1) To the extent that the entity, at or near the time of a distribution, indicates that such money is a distribution in partial liquidation; or  (2) If the total amount of money and property received in a distribution or series of related distributions is greater than twenty percent of the entity's gross assets, as shown by the entity's year-end financial statements immediately preceding the initial receipt.  5. Money is not received in partial liquidation, nor may it be taken into account pursuant to subdivision (2) of subsection 4 of this section, to the extent that such money does not exceed the amount of income tax that a trustee or beneficiary shall pay on taxable income of the entity that distributes the money.  6. A trustee may rely upon a statement made by an entity about the source or character of a distribution if the statement is made at or near the time of distribution by the entity's board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation's board of directors. -------- (L. 2001 H.B. 241, A.L. 2004 H.B. 1511) 
Effective - 28 Aug 2001   469.425. Allocations to income or principal.  A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has an interest other than a purchased interest, and shall allocate to principal an amount received as a distribution of principal from such a trust or estate. If a trustee purchases an interest in a trust that is an investment entity, or a decedent or donor transfers an interest in such a trust to a trustee, section 469.423 or 469.449 shall apply to a receipt from the trust. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2001   469.427. Separate accounting records maintained, when, procedure.  1. If a trustee who conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account separately for the business or activity instead of accounting for it as part of the trust's general accounting records, the trustee may maintain separate accounting records for its transactions, whether or not its assets are segregated from other trust assets.  2. A trustee who accounts separately for a business or other activity may determine the extent to which net cash receipts shall be retained for working capital, the acquisition or replacement of fixed assets, and other reasonably foreseeable needs of the business or activity, and the extent to which the remaining net cash receipts are accounted for as principal or income in the trust's general accounting records. If a trustee sells assets of the business or other activity, other than in the ordinary course of the business or activity, the trustee shall account for the net amount received as principal in the trust's general accounting records to the extent the trustee determines that the amount received is no longer required in the conduct of the business.  3. Activities for which a trustee may maintain separate accounting records include:  (1) Retail, manufacturing, service and other traditional business activities;  (2) Farming;  (3) Raising and selling livestock and other animals;  (4) Management of rental properties;  (5) Extraction of minerals and other natural resources;  (6) Timber operations; and  (7) Activities to which section 469.447 applies. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2001   469.429. Allocations to principal.  A trustee shall allocate to principal:  (1) To the extent not allocated to income pursuant to sections 469.401 to 469.467, assets received from a transferor during the transferor's lifetime, a decedent's estate, a trust with a terminating income interest, or a payer under a contract naming the trust or its trustee as beneficiary;  (2) Money or other property received from the sale, exchange, liquidation or change in form of a principal asset, including realized profit, subject to sections 469.423 to 469.467;  (3) Amounts recovered from third parties to reimburse the trust because of disbursements described in subdivision (7) of subsection 1 of section 469.453 or for other reasons to the extent not based on the loss of income;  (4) Proceeds of property taken by eminent domain, but a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income;  (5) Net income received in an accounting period during which there is no beneficiary to whom a trustee may or shall distribute income; and  (6) Other receipts as provided in sections 469.435 to 469.449. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2001   469.431. Rental property, allocation to income.  To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, shall be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the trustee's contractual obligations have been satisfied with respect to that amount. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2001   469.432. Interest allocated to income  amounts received from sale, redemption or disposition of an obligation to pay money to principal.  1. An amount received as interest, whether determined at a fixed, variable or floating rate, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, shall be allocated to income without any provision for amortization of premium.  2. A trustee shall allocate to principal an amount received from the sale, redemption or other disposition of an obligation to pay money to the trustee more than one year after it is purchased or acquired by the trustee, including an obligation whose purchase price or value when it is acquired is less than its value at maturity. If the obligation matures within one year after it is purchased or acquired by the trustee, an amount received in excess of its purchase price or its value when acquired by the trust shall be allocated to income.  3. This section does not apply to an obligation to which section 469.437, 469.439, 469.441, 469.443, 469.447 or 469.449 applies. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2001   469.433. Life insurance proceeds allocated to principal  dividends allocated to income.  1. Except as otherwise provided in subsection 2 of this section, a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of, or loss of title to a trust asset. The trustee shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income, and to principal if the premiums are paid from principal.  2. A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income, or, subject to section 469.427, loss of profits from a business.  3. This section does not apply to a contract to which section 469.437 applies. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2004   469.435. Insubstantial amounts may be allocated to principal, exceptions  presumption of insubstantial amount, when.  If a trustee determines that an allocation between principal and income required by section 469.437, 469.439, 469.441, 469.443 or 469.449 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in subsection 3 of section 469.405 applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in subsection 4 of section 469.405 and may be released for the reasons and in the manner described in subsection 5 of section 469.405. An allocation is presumed to be insubstantial if:  (1) The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than ten percent; or  (2) The value of the asset producing the receipt for which the allocation would be made is less than ten percent of the total value of the trust's assets at the beginning of the accounting period. -------- (L. 2001 H.B. 241, A.L. 2004 H.B. 1511) 
Effective - 28 Aug 2011   469.437. Distributions allocated as income, when  definitions  balance allocated to principal, when  effect of separate accounts or funds  marital deduction, effect of.  1. As used in this section, the following terms mean:  (1) "Payment", an amount that is:  (a) Received or withdrawn from a plan; or  (b) One of a series of distributions that have been or will be received over a fixed number of years or during the life of one or more individuals under any contractual or other arrangement, or is a single payment from a plan that the trustee could have received over a fixed number of years or during the life of one or more individuals;  (2) "Plan", a contractual, custodial, trust or other arrangement that provides for distributions to the trust, including, but not limited to, qualified retirement plans, Individual Retirement Accounts, Roth Individual Retirement Accounts, public and private annuities, and deferred compensation, including payments received directly from an entity as defined in section 469.423 regardless of whether or not such distributions are made from a specific fund or account.  2. If any portion of a payment is characterized as a distribution to the trustee of interest, dividends or a dividend equivalent, the trustee shall allocate the portion so characterized to income. The trustee shall allocate the balance of that payment to principal.  3. If no part of a payment is allocated to income pursuant to subsection 2 of this section, then for each accounting period of the trust that any payment is received by the trust with respect to the trust's interest in a plan, the trustee shall allocate to income that portion of the aggregate value of all payments received by the trustee in that accounting period equal to the amount of plan income attributable to the trust's interest in the plan for that calendar year. The trustee shall allocate the balance of that payment to principal.  4. For purposes of this section, if a payment is received from a plan that maintains a separate account or fund for its participants or account holders, including, but not limited to, defined contribution retirement plans, Individual Retirement Accounts, Roth Individual Retirement Accounts, and some types of deferred compensation plans, the phrase "plan income" shall mean either the amount of the plan account or fund held for the benefit of the trust that, if the plan account or fund were a trust, would be allocated to income pursuant to sections 469.401 to 469.467 for that accounting period, or four percent of the value of the plan account or fund on the first day of that accounting period. The method of determining plan income pursuant to this subsection shall be chosen by the trustee in the trustee's discretion. The trustees may change the method of determining plan income pursuant to this subsection for any future accounting period.  5. For purposes of this section if the payment is received from a plan that does not maintain a separate account or fund for its participants or account holders, including by way of example and not limitation defined benefit retirement plans and some types of deferred compensation plans, the term "plan income" shall mean four percent of the total present value of the trust's interest in the plan as of the first day of the accounting period, based on reasonable actuarial assumptions as determined by the trustee.  6. Notwithstanding subsections 1 to 5 of this section, with respect to a trust where an election to qualify for a marital deduction under Section 2056(b)(7) or Section 2523(f) of the Internal Revenue Code of 1986, as amended, has been made, or a trust that qualified for the marital deduction under either Section 2056(b)(5) or Section 2523(e) of the Internal Revenue Code of 1986, as amended, a trustee shall determine the plan income for the accounting period as if the plan were a trust subject to sections 469.401 to 469.467. Upon request of the surviving spouse, the trustee shall demand that the person administering the plan distribute the plan income to the trust. The trustee shall allocate a payment from the plan to income to the extent of the plan income and distribute that amount to the surviving spouse. The trustee shall allocate the balance of the payment to principal. Upon request of the surviving spouse, the trustee shall allocate principal to income to the extent the plan income exceeds payments made from the plan to the trust during the accounting period.  7. If, to obtain an estate or gift tax marital deduction for a trust, a trustee shall allocate more of a payment to income than provided for by this section, the trustee shall allocate to income the additional amount necessary to obtain the marital deduction. -------- (L. 2001 H.B. 241, A.L. 2011 S.B. 59) 
Effective - 28 Aug 2001   469.439. Ten percent of receipts from liquidating asset allocated to income, remainder to principal.  1. As used in this section, the phrase "liquidating asset" means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. The phrase includes a leasehold, patent, copyright, royalty right, and right to receive payments during a period of more than one year under an arrangement that does not provide for the payment of interest on the unpaid balance. The phrase does not include a payment subject to section 469.437, resources subject to section 469.441, timber subject to section 469.443, an activity subject to section 469.447, an asset subject to section 469.449, or any asset for which the trustee establishes a reserve for depreciation pursuant to section 469.455.  2. A trustee shall allocate to income ten percent of the receipts from a liquidating asset and the balance to principal. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2001   469.441. Allocation of interest in minerals or other natural resources  interest in water, allocation of.  1. To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the trustee shall allocate them as follows:  (1) If received as nominal delay rental or nominal annual rent on a lease, a receipt shall be allocated to income;  (2) If received from a production payment, a receipt shall be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance shall be allocated to principal;  (3) If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus or delay rental is more than nominal, ninety percent shall be allocated to principal and the balance to income;  (4) If an amount is received from a working interest or any other interest not provided for in subdivision (1), (2) or (3) of this subsection, ninety percent of the net amount received shall be allocated to principal and the balance to income.  2. An amount received on account of an interest in water that is renewable shall be allocated to income. If the water is not renewable, ninety percent of the amount shall be allocated to principal and the balance to income.  3. Sections 469.401 to 469.467 apply whether or not a decedent or donor was extracting minerals, water or other natural resources before the interest became subject to the trust.  4. If a trust owns an interest in minerals, water or other natural resources on August 28, 2001, the trustee may allocate receipts from the interest as provided in sections 469.401 to 469.467 or in the manner used by the trustee before August 28, 2001. If the trust acquires an interest in minerals, water or other natural resources after August 28, 2001, the trustee shall allocate receipts from the interest as provided in sections 469.401 to 469.467. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2001   469.443. Sale of timber and related products, allocation of net receipts.  1. To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall allocate the net receipts:  (1) To income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest;  (2) To principal to the extent that the amount of timber removed from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber;  (3) To or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust, by determining the amount of timber removed from the land under the lease or contract and applying the rules in subdivisions (1) and (2) of this subsection; or  (4) To principal to the extent that advance payments, bonuses and other payments are not allocated pursuant to either subdivision (1), (2) or (3) of this subsection.  2. In determining net receipts to be allocated pursuant to subsection 1 of this section, a trustee shall deduct and transfer to principal a reasonable amount for depletion.  3. Sections 469.401 to 469.467 apply whether or not a decedent or transferor was harvesting timber from the property before it became subject to the trust.  4. If a trust owns an interest in timberland on August 28, 2001, the trustee may allocate net receipts from the sale of timber and related products as provided in sections 469.401 to 469.467 or in the manner used by the trustee before August 28, 2001. If the trust acquires an interest in timberland after August 28, 2001, the trustee shall allocate net receipts from the sale of timber and related products as provided in sections 469.401 to 469.467. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2001   469.445. Marital deduction, insufficient income, allowable actions.  1. If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income pursuant to section 469.405 and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income, convert property within a reasonable time, or exercise the power conferred by subsection 1 of section 469.405. The trustee may decide which action or combination of actions to take.  2. In cases not governed by subsection 1 of this section, proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2001   469.447. Transactions in derivatives allocated to principal  options to sell or buy property allocated to principal.  1. As used in this section, the term "derivative" means a contract or financial instrument or a combination of contracts and financial instruments which gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets, or changes in a rate, an index of prices or rates, or other market indicator for an asset or a group of assets.  2. To the extent that a trustee does not account pursuant to section 469.427 for transactions in derivatives, the trustee shall allocate to principal receipts from and disbursements made in connection with those transactions.  3. If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust, or acquires an option to buy property for the trust or an option to sell an asset owned by the trust, and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option shall be allocated to principal. An amount paid to acquire the option shall be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a settlor of the trust for services rendered, shall be allocated to principal. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2004   469.449. Allocation of collateral financial assets and asset-backed securities.  1. As used in this section, the phrase "asset-backed security" means an asset whose value is based upon the right it gives the owner to receive distributions from the proceeds of financial assets that provide collateral for the security. The phrase includes an asset that gives the owner the right to receive from the collateral financial assets only the interest or other current return or only the proceeds other than interest or current return. The phrase does not include an asset to which section 469.423 or 469.437 applies.  2. If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the trustee shall allocate to income the portion of the payment which the payer identifies as being from interest or other current return and shall allocate the balance of the payment to principal.  3. If a trust receives one or more payments in exchange for the trust's entire interest in an asset-backed security in one accounting period, the trustee shall allocate the payments to principal. If a payment is one of a series of payments that will result in the liquidation of the trust's interest in the security over more than one accounting period, the trustee shall allocate ten percent of the payment to income and the balance to principal. -------- (L. 2001 H.B. 241, A.L. 2004 H.B. 1511) 
Effective - 28 Aug 2001   469.451. Required disbursements from income.  A trustee shall make the following disbursements from income to the extent that they are not disbursements to which paragraph (b) or (c) of subdivision (2) of section 469.413 applies:  (1) One-half of the regular compensation of the trustee and of any person providing investment advisory or custodial services to the trustee;  (2) One-half of all expenses for accountings, judicial proceedings, or other matters that involve both the income and remainder interests;  (3) All of the other ordinary expenses incurred in connection with the administration, management or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal, and expenses of a proceeding or other matter that concerns primarily the income interest; and  (4) Recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2004   469.453. Required disbursements from principal.  1. A trustee shall make the following disbursements from principal:  (1) The remaining one-half of the disbursements described in subdivisions (1) and (2) of section 469.451;  (2) All of the trustee's compensation calculated on principal as a fee for acceptance, distribution or termination, and disbursements made to prepare property for sale;  (3) Payments on the principal of a trust debt;  (4) Expenses of a proceeding or other matter that concerns primarily an interest in principal;  (5) Premiums paid on a policy of insurance not described in subdivision (4) of section 469.451 of which the trust is the owner and beneficiary;  (6) Estate, inheritance and other transfer taxes, including penalties, apportioned to the trust; and  (7) Extraordinary expenses incurred in connection with the management and preservation of trust property;  (8) Expenses for a capital improvement to a principal asset, whether in the form of changes to an existing asset or the construction of a new asset, including special assessments; and  (9) Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters.  2. If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation. -------- (L. 2001 H.B. 241, A.L. 2004 H.B. 1511) 
Effective - 28 Aug 2001   469.455. Depreciation not to be transferred.  1. As used in this section, the term "depreciation" means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a fixed asset having a useful life of more than one year.  2. A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:  (1) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;  (2) During the administration of a decedent's estate; or  (3) Pursuant to this section if the trustee is accounting pursuant to section 469.427 for the business or activity in which the asset is used.  3. An amount transferred to principal need not be held as a separate fund. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2001   469.457. Principal disbursement, permitted transfers.  1. If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.  2. Principal disbursements to which subsection 1 of this section applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party:  (1) An amount chargeable to income but paid from principal because it is unusually large, including extraordinary repairs;  (2) Disbursements made to prepare property for rental, including tenant allowances, leasehold improvements, and broker's commissions;  (3) Periodic payments on an obligation secured by a principal asset to the extent that the amount transferred from income to principal for depreciation is less than the periodic payments; and  (4) Disbursements described in subdivision (7) of subsection 1 of section 469.453.  3. If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection 1 of this section. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2011   469.459. Taxes to be paid from income or principal, when.  1. A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income.  2. A tax required to be paid by a trustee based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority.  3. A tax required to be paid by a trustee on the trust's share of an entity's taxable income shall be paid:  (1) From income to the extent that receipts from the entity are allocated to income; and  (2) From principal to the extent that receipts from the entity are allocated only to principal.  4. After applying subsections 1 to 3 of this section, the trustee shall adjust income or principal receipts to the extent that the trust's taxes are reduced because the trust receives a deduction for payment made to a beneficiary. -------- (L. 2001 H.B. 241, A.L. 2011 S.B. 59) 
Effective - 28 Aug 2001   469.461. Adjustments between principal and income, when  estate tax marital deduction or charitable contributions, how handled.  1. A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries which arise from:  (1) Elections and decisions, other than those described in subsection 2 of this section, that the fiduciary makes from time to time regarding tax matters;  (2) An income tax or any other tax that is imposed upon the fiduciary or a beneficiary as a result of a transaction involving or a distribution from the estate or trust; or  (3) The ownership by an estate or trust of an interest in an entity whose taxable income, whether or not distributed, is includable in the taxable income of the estate, trust or a beneficiary.  2. If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting it for estate tax purposes, and as a result estate taxes paid from principal are increased and income taxes paid by an estate, trust or beneficiary are decreased, each estate, trust or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid. The total reimbursement shall equal the increase in the estate tax to the extent that the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment. The proportionate share of the reimbursement for each estate, trust or beneficiary whose income taxes are reduced shall be the same as its proportionate share of the total decrease in income tax. An estate or trust shall reimburse principal from income. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2001   469.463. Uniformity considered in application and construction.  In applying and construing sections 469.401 to 469.467, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2001   469.465. Severability clause.  If any provision of sections 469.401 to 469.467 or the application of these sections to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of sections 469.401 to 469.467 which can be given effect without the invalid provision or application. -------- (L. 2001 H.B. 241) 
Effective - 28 Aug 2016, 2 histories   469.467. Applicability of sections.  Sections 469.401 to 469.467 apply to every trust or decedent's estate existing on or after August 28, 2001, except as otherwise expressly provided in the will or terms of the trust or in sections 469.401 to 469.467. -------- (L. 2001 H.B. 241, A.L. 2016 H.B. 1765) 
Effective - 28 Aug 2006   469.600. Doctrine of worthier title and Rule in Bingham's case abolished, effect of language describing beneficiaries.  The doctrine of worthier title and the Rule in Bingham's case is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs", "heirs at law", "next of kin", "distributees", "relatives", or "family", or language of similar import does not create or presumptively create a reversionary interest in the transferor. -------- (L. 2006 S.B. 892) 
Effective - 28 Aug 2004   469.900. Citation of law  definitions.  Sections 469.900 to 469.913 shall be known, and may be cited, as the "Missouri Prudent Investor Act". As used in this act, the term "trustee" includes independent personal representatives and trustees, whether of express or implied trusts, and the term "trust" includes independently administered estates. -------- (L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.900 
Effective - 28 Aug 2004   469.901. Trustee duties, settlor may restrict or expand.  1. Except as otherwise provided in subsection 2 of this section, or by other applicable laws, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this act*.  2. A settlor may expand or restrict the prudent investor rule detailed in this act* by express provisions in the trust instrument. A trustee is not liable to a beneficiary for the trustee's good faith reliance on these express provisions. -------- (L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.901  *"This act" (H.B. 1432, 1996) contained numerous sections. Consult Disposition of Sections table for a definitive listing. 
Effective - 28 Aug 2004   469.902. Trustee duties and powers  decisions to be evaluated in context of trust.  1. A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.  2. A trustee's investment and management decisions respecting individual assets and courses of action must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust.  3. When investing and managing trust assets, a trustee shall consider the following as are relevant to the trust or its beneficiaries:  (1) General economic conditions;  (2) The possible effect of inflation or deflation;  (3) The expected tax consequences of investment decisions or strategies;  (4) The role that each investment or course of action plays within the overall trust portfolio;  (5) The expected total return from income and the appreciation of capital;  (6) Other resources of the beneficiaries known to the trustee;  (7) Needs for liquidity, regularity of income, and preservation or appreciation of capital;  (8) An asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries; and  (9) The size of the portfolio, nature and estimated duration of the fiduciary relationship and distribution requirements under the governing instrument.  4. A trustee shall make a reasonable effort to ascertain facts relevant to the investment and management of trust assets.  5. A trustee may invest in any kind of property or type of investment consistent with the standards of this act*.  6. A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, has a duty to use those special skills or expertise when investing and managing trust assets. -------- (L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.902  *"This act" (H.B. 1432, 1996) contained numerous sections. Consult Disposition of Sections table for a definitive listing. 
Effective - 28 Aug 2004   469.903. Diversification required, exception.  A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying. -------- (L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.903 
Effective - 28 Aug 2004   469.904. Trust assets, retention and disposition.  Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements, and other circumstances of the trust, and with the requirements of this act*. -------- (L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.904  *"This act" (H.B. 1432, 1996) contained numerous sections. Consult Disposition of Sections table for a definitive listing. 
Effective - 28 Aug 2004   469.905. To whom duty owed.  A trustee shall invest and manage the trust assets solely in the interest of the beneficiaries. -------- (L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.905 
Effective - 28 Aug 2004   469.906. Multiple beneficiaries, duty owed to whom.  If a trust has two or more beneficiaries, the trustee shall act impartially in investing and managing the trust assets, taking into account any differing interests of the beneficiaries. -------- (L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.906 
Effective - 28 Aug 2004   469.907. Restriction on costs.  In investing and managing trust assets, a trustee may only incur costs that are appropriate and reasonable in relation to the assets, the purposes of the trust, and the skills of the trustee. -------- (L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.907 
Effective - 28 Aug 2004   469.908. Prudent investor rule, standard.  The prudent investor rule imposes a standard of conduct, but does not contemplate a specific outcome or performance. Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight. -------- (L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.908 
Effective - 28 Aug 2004   469.909. Trustee powers, delegation  agent duties  liability of agent  agent submits to jurisdiction, when.  1. A trustee may delegate investment and management functions that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:  (1) Selecting an agent suitable to the exercise of the delegated function, taking into account the nature and the value of the assets subject to such delegation and the expertise of the agent;  (2) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and  (3) Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.  2. In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.  3. A trustee who complies with the requirements of subsection 1 of this section is not liable to the beneficiaries or to the trust for the decisions or actions of the agent to whom the function was delegated.  4. By accepting the delegation of a trust function from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state even if the delegation agreement provides otherwise. -------- (L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.909 
Effective - 28 Aug 2004   469.910. Trust terms and phrases, definition.  The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorize any investment or strategy permitted under this act*: "investments permissible by law for investment of trust funds", "legal investments", "authorized investments", "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital", "prudent man rule", "prudent trustee rule", "prudent person rule", and "prudent investor rule". -------- (L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.910  *"This act" (H.B. 1432, 1996) contained numerous sections. Consult Disposition of Sections table for a definitive listing. 
Effective - 28 Aug 2004   469.911. Applicability of certain sections.  Except as otherwise specifically provided in the terms of the trust or in sections 456.035 to 456.041 and sections 469.900 to 469.913, the provisions of sections 456.035 to 456.041 and sections 469.900 to 469.913 shall apply to any trust established before or after August 28, 2004, and to any trust asset acquired by the trustee before or after August 28, 2004. -------- (L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.911 
Effective - 28 Aug 2004   469.912. Interpretation of certain sections.  This act* shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act** among the states enacting it. -------- (L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.912  *"This act" (H.B. 1432, 1996) contained numerous sections. Consult Disposition of Sections table for a definitive listing. 
Effective - 28 Aug 2004   469.913. Specific statutory standards to control.  The general assembly recognizes that persons, corporations, entities or state agencies who have responsibility for investing funds may be subject to a standard that is specifically set forth in other statutes. Under such circumstances, such persons, corporations, entities or state agencies shall comply with the standard of investment set forth in the other statute, and this act* shall not modify or repeal that standard. -------- (L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.913  *"This act" (H.B. 1432, 1996) contained numerous sections. Consult Disposition of Sections table for a definitive listing. 
Effective - 19 Jun 2002   470.010. Estates escheat, when.  If any person die intestate, seized of any real or personal property, leaving no heirs or representatives currently capable of inheriting the same; or, if upon final settlement of an executor or administrator, there is a balance in his or her hands belonging to some legatee or distributee who is a nonresident or who is not in a situation to receive the same and give a discharge thereof or who does not appear by himself or herself or agent to claim and receive the same; or, if upon final settlement of an assignee for the benefit of creditors, there shall remain in his or her possession any unclaimed dividends; or, if upon final report of any sheriff to the court, it is shown that the interests in the proceeds of the sale of land in partition of certain parties, who are absent from the state, who are nonresidents, who are not known or named in the proceedings, or who, from any cause, are not in a situation to receive the same, are in his or her hands unpaid and unclaimed; or, if, upon final settlement of the receiver of any company or corporation which has been doing business in this state, there is money in his or her hands unpaid and unclaimed, in each and every such instance such real and personal estate shall transfer to the state, subject to and in accordance with the provisions of sections 470.010 to 470.220 and sections 447.500 to 447.595. -------- (RSMo 1939  620, A.L. 2002 S.B. 1248)  Prior revisions: 1929  620; 1919  5309; 1909  6256  Effective 6-19-02  (1951) Where, after closing of banks, plans were adopted resulting in transfer of part of assets and equal percent of liabilities to another bank and remainder to liquidating trustees, transfer to trustees was assignment for benefit of creditors under this section, so that unclaimed liquidating dividends in hands of trustees escheat. Jones v. Fidelity Nat. Bank & Trust Co., 362 Mo. 712, 243 S.W.2d 970. (1965) Words "leaving no heirs or representatives" mean "no known heirs", but state has burden of proof to show no known heirs. State ex rel. Henry v. Malhman (Mo.), 386 S.W.2d 1.
Effective - 19 Jun 2002   470.020. Disposition of unclaimed moneys  deemed unclaimed property, when  transfer to abandoned fund account  transfer to public schools.  1. Within one year after the final settlement of any executor or administrator, assignee, sheriff or receiver, all moneys in his or her hands unpaid or unclaimed, as provided in section 470.010, shall, upon the order of the court in which the settlement is made, be paid to the state treasurer.  2. Beginning January 1, 2003, all real and personal estate that transfers or has transferred to the state pursuant to section 470.010 shall be deemed unclaimed property under the uniform disposition of unclaimed property act as set forth in chapter 447 and shall be treated in the same manner as all other unclaimed property under such act.  3. All moneys in the escheats fund on or after December 31, 2002, shall be transferred to the abandoned fund account created in section 447.543, and the escheats fund shall be abolished. Any accounting information maintained by the commissioner of administration for moneys paid into the state treasury and all moneys from the sale of lands vested in the state shall be transferred to the unclaimed property division of the office of state treasurer.  4. The state treasurer shall remain custodian of any bonds purchased by the state board of fund commissioners prior to January 1, 2003, and shall deposit all interest received from such bonds into the abandoned fund account. The state treasurer, in consultation with the state board of fund commissioners, shall determine the use and disposition of proceeds from all such bonds purchased by the state board.  5. Beginning in fiscal year 2003 and for each subsequent fiscal year, the state treasurer shall transfer from the abandoned fund account to the public schools fund an amount equal to five percent of the annual amount transferred to the general revenue fund from the abandoned fund account net any transfers from the general revenue to the abandoned fund account. -------- (RSMo 1939  621, A.L. 1957 p. 866, A.L. 2002 S.B. 1248)  Prior revisions: 1929  621; 1919  5310; 1909  6257  Effective 6-19-02  CROSS REFERENCE:  Escheats fund to be used for support of public schools, 166.011 
Effective - 19 Jun 2002   470.030. Proceedings when moneys are not paid to state treasurer as required.  1. The court having the settlement of the accounts of such executor or administrator, assignee, sheriff or receiver shall give credit for the amount thereof; but if the moneys are not paid to the state treasurer, the prosecuting attorney of the county in which the executor or administrator, assignee, sheriff or receiver resides, shall, upon giving ten days' previous notice of his or her intention so to do, move the court to enter judgment against the executor or administrator, assignee, sheriff or receiver, and his or her sureties, or either of them, for the moneys in his or her possession, together with eight percent per annum thereon from the time the same should have been turned over to the state treasurer until the rendition of the judgment.  2. The court shall determine the case in a summary manner, and if it finds the facts as stated in the motion to be true, and no valid and reasonable excuse for the delay is offered, shall enter judgment accordingly and adjudge the executor or administrator, assignee, sheriff or receiver to pay all costs of the proceedings. -------- (RSMo 1939  622, A.L. 1957 p. 866, A.L. 2002 S.B. 1248)  Prior revisions: 1929  622; 1919  5311; 1909  6258  Effective 6-19-02 
Effective - 19 Jun 2002   470.060. When lands transfer to state.  When the prosecuting attorney shall be informed, or have reason to believe, that any real estate within his or her county should transfer to the state, and such estate shall not have been sold according to law, within five years after the death of the person last seized, for the payment of the debts of the deceased, the prosecuting attorney shall file an information in behalf of the state in the circuit court of the county in which such estate is situate, setting forth a description of the estate, the name of the person last lawfully seized, the names of the terre-tenants and persons claiming the same, if known, and the facts and circumstances in consequence of which such estate is claimed to have transferred and alleging that, by reason thereof, the state of Missouri hath right to such estate. -------- (RSMo 1939  625, A.L. 2002 S.B. 1248)  Prior revisions: 1929  625; 1919  5314; 1909  6261  Effective 6-19-02 
Effective - 19 Jun 2002   470.070. Scire facias to issue.  Such court shall award and issue a scire facias against such person, bodies politic or corporate, as shall be alleged in such information to hold, possess or claim such estate, requiring them to appear and show cause why such estate should not be sold and transferred to the state, at the next term of such court. -------- (RSMo 1939  626, A.L. 2002 S.B. 1248)  Prior revisions: 1929  626; 1919  5315; 1909  6262  Effective 6-19-02 
Effective - 19 Jun 2002   470.080. To be served, when.  Such scire facias shall be served fifteen days before the return day thereof, and the court shall make an order, setting forth briefly the contents of such information, and requiring all persons interested in or claiming title to said estate to appear and show cause, at the next term of said court, why the same shall not be sold and the proceeds transferred to the state; which order shall be published for six weeks in some newspaper printed and published in the county in which such proceedings are had. -------- (RSMo 1939  627, A.L. 2002 S.B. 1248)  Prior revisions: 1929  627; 1919  5316; 1909  6263  Effective 6-19-02 
Effective - 28 Aug 1939   470.090. Who may appear and defend.  All persons, bodies politic and corporate, named in such information as terre-tenants or claimants to the estate, may appear and plead to such proceeding, and may traverse or deny the facts stated in the information and the title of the state to the lands and tenements therein mentioned and described, at any time on or before the third day after the return of such scire facias; and any other person claiming an interest in such estate may appear and be made a defendant, and plead by motion for that purpose, in open court, within the time allowed for pleading. -------- (RSMo 1939  628)  Prior revisions: 1929  628; 1919  5317; 1909  6264 
Effective - 28 Aug 1939   470.100. Judgment rendered, when.  If no person appear and plead, or, appearing, shall refuse to plead, within the time, then judgment shall be rendered for the state, and it shall be seized and possessed of the lands and tenements in such information described and claimed. -------- (RSMo 1939  629)  Prior revisions: 1929  629; 1919  5318; 1909  6265 
Effective - 28 Aug 1939   470.110. Issues shall be made up and tried, when.  If any person shall appear and deny the title set up by the state, or traverse any material fact in the information alleged, issues shall be made up and tried as other issues of fact, and a survey may be ordered and entered as in other actions when the title or boundaries of land are in dispute. -------- (RSMo 1939  630)  Prior revisions: 1929  630; 1919  5319; 1909  6266 
Effective - 28 Aug 1939   470.120. Judgment for state, when.  If, after the issues are tried, it appear from the facts that the state hath good title to the lands and tenements described in the information, or any part thereof, judgment shall be rendered that the state be seized thereof and recover costs against the defendant. -------- (RSMo 1939  631)  Prior revisions: 1929  631; 1919  5320; 1909  6267 
Effective - 19 Jun 2002   470.130. Judgment for defendant, when.  If it appears that the state has no title in such estate, the defendant shall recover his or her costs, to be taxed and certified by the clerk, provided that the court find, from the facts, that the title to such estate is in the defendant. When such certificate of the clerk is filed in his or her office, the state treasurer shall pay the certificate as other demands on the treasury. -------- (RSMo 1939  632, A.L. 1947 V. I p. 295, A.L. 2002 S.B. 1248)  Prior revisions: 1929  632; 1919  5321; 1909  6268  Effective 6-19-02 
Effective - 28 Aug 1939   470.140. Writ of possession to issue.  When judgment is rendered for, and the title to such real estate described in the information is vested in the state, a writ shall be issued to the sheriff of the same county, commanding him to seize said real estate. -------- (RSMo 1939  633)  Prior revisions: 1929  633; 1919  5322; 1909  6269 
Effective - 19 Jun 2002   470.150. Copy of record filed with state treasurer.  Upon the return of such writ of possession, the prosecuting attorney shall cause the record and process to be exemplified under the seal of the court and deposit the same in the office of the state treasurer; and he or she shall cause the transcript of the judgment to be recorded in the office of the recorder of the county in which such estate is situate; and such judgment shall preclude all parties and privies thereto, their heirs and assigns, so long as such judgment shall remain in force. -------- (RSMo 1939  634, A.L. 1947 V. I p. 295, A.L. 2002 S.B. 1248)  Prior revisions: 1929  634; 1919  5323; 1909  6270  Effective 6-19-02 
Effective - 28 Aug 1949   470.160. Appeals taken.  Any party who shall have appeared to any proceedings, and the prosecuting attorney on behalf of the state, shall have the right to prosecute an appeal upon any such judgment. -------- (RSMo 1939  635, A. 1949 S.B. 1137)  Prior revisions: 1929  635; 1919  5324; 1909  6271 
Effective - 28 Aug 1939   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 may file his petition in the circuit court of the county in which such estate is situate, setting forth the nature of his claim, and praying that the said estate may be relinquished to him. -------- (RSMo 1939  636)  Prior revisions: 1929  636; 1919  5325; 1909  6272 
Effective - 28 Aug 1939   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 such estate, the court shall decree accordingly, divesting the state of any interest therein; but in no case shall costs be adjudged against the state. -------- (RSMo 1939  637)  Prior revisions: 1929  637; 1919  5326; 1909  6273 
Effective - 19 Jun 2002   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 sale shall be made by the sheriff of said county and shall be advertised and conducted in the same manner as shall by law be provided for the sale of real estate under execution. -------- (RSMo 1939  639, A.L. 2002 S.B. 1248)  Prior revisions: 1929  639; 1919  5328; 1909  6275  Effective 6-19-02 
Effective - 19 Jun 2002   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 paid by the sheriff into the state treasury within ninety days after the receipt thereof; and if said sheriff fails to pay said money into the state treasury within ninety days after the receipt thereof, the sheriff shall be proceeded against in the same manner as is provided in section 470.030. Moneys so paid into the state treasury shall be deemed unclaimed property under the uniform disposition of unclaimed property act as set forth in chapter 447 and shall be credited into the abandoned fund account, and shall be treated in the same manner as other moneys paid into the state treasury under sections 470.010 to 470.220. -------- (RSMo 1939  640, A.L. 2002 S.B. 1248)  Prior revisions: 1929  640; 1919  5329; 1909  6276  Effective 6-19-02 
Effective - 19 Jun 2002   470.220. State treasurer to keep record.  The state treasurer shall keep just and accurate account of all money paid into the state treasury, all land vested in the state pursuant to sections 470.010 to 470.220, and all proceeds received from the sale of such land. -------- (RSMo 1939  641, A.L. 1947 V. I p. 295, A.L. 2002 S.B. 1248)  Prior revisions: 1929  641; 1919  5330; 1909  6277  Effective 6-19-02 
Effective - 28 Aug 2002, 2 histories   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 of rates or premiums or effects by reason of any litigation concerning rates, refunds, refund of premiums, fares or charges collected by any person or corporation in the state of Missouri for any service rendered or to be rendered in said state, or for any contract of insurance on property in this state, or under any contract of insurance performed or to be performed in said state, which moneys, refund of rates or premiums or effects have been paid into or deposited in connection with any cause in any court of the state of Missouri or in connection with any cause in any United States court, or so paid into the custody of any depositary, clerk, custodian, or other officer of such court, whether the same be afterwards transferred and deposited in the United States treasury or not, shall be and remain unknown, or the whereabouts of such person or persons shall be and has been unknown, for the period heretofore, or hereafter, of five successive years, or such moneys, refund of rates or premiums or effects remain unclaimed for the period heretofore, or hereafter, of five successive years, from the time such moneys or property are ordered repaid or distributed by such courts, such moneys or property shall be escheatable to the state of Missouri, and may be escheated to the state of Missouri in the manner herein provided, with all interest and earnings actually accrued thereon to the date of the judgment and decree for the escheat of the same; except that all refunds of rates generated by the refund of natural gas or electric rates shall be transferred to the utilicare stabilization fund created pursuant to section 660.136, with the exception of lawsuits in which the state of Missouri is a party, if the moneys that result from a refund of rates remains unclaimed after five years from the date when such rates are ordered repaid, with all interest from such refunded rates that is earned from the date such rates are ordered repaid to escheat to the state as otherwise provided in sections 470.270 to 470.350*. The provisions of this section notwithstanding, this state may elect to take custody of such unclaimed property by instituting a proceeding pursuant to section 447.575. -------- (L. 1945 p. 915  1, A.L. 1947 V. I p. 297, A.L. 1990 H.B. 1052, A.L. 2002 S.B. 810 and A.L. 2002 S.B. 1248, A.L. 2011 H.B. 315)  *Sections 470.280 to 470.350 were repealed by S.B. 1248, 2002.  CROSS REFERENCE:  Disposition of excess charges by utilities on stay order of public service commission, 386.520  (1957) Service of process by publication in class proceedings to escheat unclaimed excess insurance premiums in registry of court met statutory requirements and did not violate due process by not specifically advising defendants to file answer. State v. Goodbar (Mo.), 297 S.W.2d 525.
Effective - 28 Aug 1947   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, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this law. -------- (L. 1947 V. I p. 13  1) 
Effective - 28 Aug 1959   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 simultaneously, the beneficiary shall be deemed not to have survived. If there is no sufficient evidence that two or more beneficiaries have died otherwise than simultaneously and property has been disposed of in such a way that at the time of their death each of such beneficiaries would have been entitled to the property if he had survived the others, the property shall be divided into as many equal portions as there were such beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each of such beneficiaries had survived. -------- (L. 1947 V. I p. 13  3, A.L. 1959 S.B. 120) 
Effective - 28 Aug 1959   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 had survived. If there are more than two joint tenants and all of them have so died the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants. The term "joint tenants" includes owners of property held under circumstances which entitled one or more to the whole of the property on the death of the other or others. -------- (L. 1947 V. I p. 13  3, A.L. 1959 S.B. 120) 
Effective - 28 Aug 1959   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 survived the beneficiary. -------- (L. 1947 V. I p. 13  4, A.L. 1959 S.B. 120)  (1963) Evidence sufficient to support finding that beneficiary survived insured after both were fatally injured in same automobile accident. Prudential Ins. Co. of America v. Sutton (A.), 368 S.W.2d 522.
Effective - 28 Aug 1947   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) 
Effective - 28 Aug 1959   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 where provision is made for a presumption as to survivorship which results in a distribution of property different from that here provided. -------- (L. 1947 V. I p. 13  6, A.L. 1959 S.B. 120) 
Effective - 28 Aug 1947   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) 
Effective - 28 Aug 1947   471.080. Short title.  This law may be cited as "The Uniform Simultaneous Death Law". -------- (L. 1947 V. I p. 13  8) 
Effective - 01 Jan 1981   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 that, in the opinion of the court, their application in particular proceedings or parts thereof would not be feasible or would work injustice, in which event the former procedure shall apply. No act done in any proceeding commenced before January 1, 1981, and no accrued right shall be impaired by its provisions. When a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provision of any statute in force before this act* takes effect, such provision shall remain in force and be deemed a part of the probate code with respect to such right except as otherwise provided therein. -------- (L. 1980 S.B. 637)  Effective 1-01-81  *This act was known as the "Probate Code", which includes chapters 472, 473 and 474.  (1955) Will construed and words "descendants of a deceased child" of testator held to include an adopted child of testator's deceased son. Hayes v. St. Louis Union Trust Co. (Mo.), 280 S.W.2d 649. (1958) Devise of undivided one-half interest in realty to testator's son for life and at his death to his children absolutely but if he should die without issue living then to other son for life and at his death to other son's "heirs at law" was construed according to statute of descent and distribution in effect when second life tenant died rather than statute in effect at execution of will and testator's death and thus widow of second life tenant took one-half of the undivided one-half interest against contention that testator indicated intent that land go to his descendants. Thomas v. Higginbotham (Mo.), 318 S.W.2d 234. (1959) Evidence held to establish domicile in state of Louisiana by prior resident of this state who had died, for the purpose of determining where his estate should be dispersed. In re Toler's Estate (Mo.), 325 S.W.2d 755. (1965) As used in subsection 2 of  475.320, the word "debts" is the substantial equivalent of "claims", which is defined in this section, subdivision (4), as including liabilities of the decedent which survive whether arising in contract or in tort or otherwise, funeral expenses, the expense of a tombstone and costs, and expenses of administrator. State v. Hollenbeck (A.), 394 S.W.2d 82. (1974) Provision in will that executor gave to pastor of a named church a sum for masses to be said entitled the pastor to receive as a gift personal property and he was a "legatee" and a necessary party to suit to set aside will. Kane v. Mercantile Trust Co. National Association (Mo.), 513 S.W.2d 362.
Effective - 28 Aug 2019, 2 histories   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 an adopted child and a child born out of wedlock, but does not include a grandchild or other more remote descendants;  (3) "Claims" include liabilities of the decedent which survive whether arising in contract, tort or otherwise, funeral expenses, the expense of a tombstone, and costs and expenses of administration;  (4) "Clerk" means clerk of the probate division of the circuit court;  (5) "Code" or "probate code" means chapters 472, 473, 474 and 475;  (6) "Court" or "probate court" means the probate division of the circuit court;  (7) "Devise", when used as a noun, means a testamentary disposition of real or personal property or both; when used as a verb it means to dispose of real or personal property or both by will;  (8) "Devisee" includes legatee;  (9) "Distributee" denotes those persons who are entitled to the real and personal property of a decedent under his will, under the statutes of intestate succession or who take as surviving spouse under section 474.160, upon election to take against the will;  (10) "Domicile" means the place in which a person has voluntarily fixed his abode, not for a mere special or temporary purpose, but with a present intention of remaining there permanently or for an indefinite time;  (11) "Estate" means the real and personal property of the decedent or ward, as from time to time changed in form by sale, reinvestment or otherwise, and augmented by any accretions and additions thereto and substitutions therefor, and diminished by any decreases and distributions therefrom. Under the provisions of subsections 4 and 5 of section 209.625, assets held in an ABLE account established under sections 209.600 to 209.645 shall not be considered the property of the designated beneficiary of said account for purposes of this subdivision when applied in chapter 475, unless the estate is in the charge and custody of a public administrator;  (12) "Exempt property" means that property of a decedent's estate which is not subject to be applied to the payment of claims, charges, legacies or bequests as described in section 474.250;  (13) "Fiduciary" includes executor, administrator, guardian, conservator, and trustee;  (14) "Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on his death intestate;  (15) "Interested persons" mean heirs, devisees, spouses, creditors or any others having a property right or claim against the estate of a decedent being administered and includes children of a protectee who may have a property right or claim against or an interest in the estate of a protectee. This meaning may vary at different stages and different parts of a proceeding and must be determined according to the particular purpose and matter involved;  (16) "Issue" of a person, when used to refer to persons who take by intestate succession, includes adopted children and all lawful lineal descendants, except those who are the lineal descendants of living lineal descendants of the intestate;  (17) "Lease" includes an oil and gas lease or other mineral lease, but does not include month-to-month or year-to-year tenancies under oral contracts;  (18) "Legacy" means a testamentary disposition of personal property;  (19) "Legatee" means a person entitled to personal property under a will;  (20) "Letters" include letters testamentary, letters of administration and letters of guardianship;  (21) "Lien" includes all liens except general judgment, execution and attachment liens;  (22) "Lineal descendants" include adopted children and their descendants;  (23) "Mortgage" includes deed of trust, vendor's lien and chattel mortgage;  (24) "Person" includes natural persons and corporations;  (25) "Personal property" includes interests in goods, money, choses in action, evidences of debt, shares of corporate stock, and chattels real;  (26) "Personal representative" means executor or administrator. It includes an administrator with the will annexed, an administrator de bonis non, an administrator pending contest, an administrator during minority or absence, and any other type of administrator of the estate of a decedent whose appointment is permitted. It does not include an executor de son tort;  (27) "Property" includes both real and personal property;  (28) "Real property" includes estates and interests in land, corporeal or incorporeal, legal or equitable, other than chattels real;  (29) "Registered mail" includes "certified mail" as defined and certified under regulations of the United States Postal Service;  (30) "Will" includes codicil; it also includes a testamentary instrument which merely appoints an executor and a testamentary instrument which merely revokes or revives another will. -------- (L. 1955 p. 385  2, A.L. 1957 p. 829, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45, A.L. 1986 S.B. 787, A.L. 2019 S.B. 230) 
Effective - 01 Jan 1981   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 thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person, other than a bona fide purchaser, benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than ten years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1983   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 minors and incapacitated and disabled persons, settling the accounts of personal representatives and conservators, and the sale or leasing of lands by personal representatives and conservators, including jurisdiction of the construction of wills as an incident to the administration of estates, of the determination of heirship, of the administration of testamentary and inter vivos trusts, of disability and incapacity proceedings as provided by law and of such other probate business as may be prescribed by law. -------- (RSMo 1939  2437, A.L. 1955 p. 385  3, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  2406; 1919  2542; 1909  4056  (1959) Court stated "the General Assembly, in its representative capacity, is free to exercise all the primary power of the people in conferring such uniform equitable jurisdiction" referring to jurisdiction in "matters pertaining to probate business". North v. Hawkinson (Mo.), 324 S.W.2d 733. (1962) Judgment of trial court ordering writ of mandamus to compel probate judge to assume jurisdiction of testamentary trust reversed and supreme court refused to rule on constitutionality of provision conferring jurisdiction of testamentary trusts on probate court where record did not show facts sufficient to present issues for determination. State v. Bradley (Mo.), 358 S.W.2d 38. (1964) Appointment by probate court of successor trustee of testamentary trust held void and sections 472.020 and 456.225 declared unconstitutional insofar as they purport to grant jurisdiction over testamentary trusts to the probate court. First National Bank of Kansas City v. Mercantile B. & T. Co. (Mo.), 376 S.W.2d 164.
Effective - 01 Jan 1981   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, directly or indirectly, as devisee, claimant by way of escheat, claimant as creditor, or otherwise. Service of process and notices upon the state of Missouri or any department or agency thereof may be made by delivery to the prosecuting attorney of the county. -------- (L. 1967 p. 639  1, A.L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981   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 matters and its executions shall be governed by chapter 513 and the applicable supreme court rule, except that all executions shall be returnable within thirty days unless otherwise ordered by the court. All process of the court may be served anywhere within the territorial limits of the state. -------- (L. 1955 p. 385  4, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)  Effective 1-01-81  (1961) This section is not a grant to probate courts of jurisdiction in purely equitable matters. Whatever equitable powers a probate court may exercise by virtue of this section must be employed in the discharge of its jurisdiction in probate matters. Stark v. Moffit (A.), 352 S.W.2d 165. (1964) Where deceased, collecting agent of gas company, wrongfully deposited collections in his personal account, deposit created trust fund for benefit of gas company and the tracing of collections into the bank account was a proper exercise of equitable powers by the probate court. In re Meyers' Estate (Mo.), 376 S.W.2d 219. (1987) Order granting special notice of probate hearings to interested person pursuant to this section was not subject to interlocutory appeal. Cordes v. Caldwell, 731 S.W.2d 463 (Mo.App.)
Effective - 02 Jan 1979   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 and administrators, the estate shall pay the costs. Parties presenting claims against estates, for the same causes and in the same manner, may be ruled to give security for costs, as is provided in practice in civil cases. -------- (RSMo 1939  203, A.L. 1955 p. 385  5, A.L. 1978 H.B. 1634)  Prior revisions: 1929  204; 1919  203; 1909  212  Effective 1-02-79  CROSS REFERENCE:  Probate fees, 483.580 
Effective - 02 Jan 1979   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 times for the purpose of hearing claims, settlements and other matters but no such order shall prohibit the hearing and determination of any proceeding before the court at any time when necessary to promote the ends of justice nor shall such order be inconsistent with rules of court. If the last day on which any act is required to be performed in the court falls on any day on which the court is not open the same shall be performed on the next succeeding day on which the court is open. -------- (L. 1955 p. 385  6, A.L. 1978 H.B. 1634)  Effective 1-02-79 
Effective - 28 Aug 2005   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 to either party, or in the determination of any cause or proceeding in the administration and settlement of any estate of which the judge has been personal representative, conservator, or guardian, when any party in interest objects in writing, verified by affidavit; and when the objections are made, the cause shall be transferred to another judge, in accordance with the provisions of section 478.255, who shall hear and determine same; and the clerk of the circuit court or division clerk shall deliver to the probate division of the circuit court a full and complete transcript of the judgment, order or decree made in the cause, which shall be kept with the papers in the office pertaining to such cause. -------- (RSMo 1939  2444, A.L. 1955 p. 385  7, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2005 S.B. 420 & 344)  Prior revisions: 1929  2053; 1919  2549; 1909  4063  (1980) The power to disqualify a judge as to any further proceedings with an estate is to be liberally construed and will apply to all pending matters to preclude the judge from resuming jurisdiction. State ex rel. Campbell v. Kohn (A.), 606 S.W.2d 399.
Effective - 02 Jan 1979   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 of the probate division, the clerk of the probate division may issue notices and make all necessary orders for the hearing of any petition or other matter to be heard in the court.  3. If a matter is not contested, the clerk may hear and determine it and make all orders, judgments and decrees in connection therewith which the judge could make, subject to be set aside or modified by the judge at any time within thirty days thereafter; but if not set aside or modified, the orders, judgments and decrees made by the clerk shall have the same effect as if made by the judge.  4. The judge may act as clerk ex officio, whenever the business of the court requires.  5. A seal is authorized for the probate division of the circuit court which shall be kept in the custody of the judge or the clerk of the probate division. -------- (L. 1955 p. 385  8, A.L. 1978 H.B. 1634)  Effective 1-02-79 
Effective - 28 Aug 2004   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 the consent of the court en banc, unless otherwise provided by local court rule. -------- (L. 2004 S.B. 1211) 
Effective - 01 Jan 1981   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, shall be signed by or on behalf of the petitioner or claimant, and shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration.  2. No defect of form or substance in any document invalidates any proceedings after judgment on the document. -------- (L. 1955 p. 385  9, A.L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1955   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 prerequisite of being heard by the court. -------- (L. 1955 p. 385  10) 
Effective - 28 Aug 1983   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 a general rule or by an order in a particular case.  2. Except as otherwise specifically provided by law, all notices required by this code or the court to be served upon any person shall be served as the court directs, by rule or otherwise, in such manner and at such time as to constitute reasonable notice, in any of the following manners:  (1) By delivering to the person, including a minor or a disabled or incapacitated person not known to have a legally appointed guardian or conservator, a copy of the notice personally or by leaving a copy at his dwelling house or usual place of abode with some person of his family over the age of fifteen years, or by delivering a copy to an agent authorized by appointment or required by law to receive service of process;  (2) By publishing a copy of the notice in some newspaper qualified to publish legal notices under chapter 493 and having general circulation within the county in which the court is held for the time required by law or court rule or order. If no time is fixed by law or by rule of court, the notice shall be published once each week for four consecutive weeks, the last insertion being at least seven days before the hearing. The personal representative, or other person at whose instance any notice by publication is required, may designate the newspaper in which such notice is to be published; but as to any notice which is necessary to the jurisdiction of the court, the clerk shall designate the newspaper unless the personal representative or other person has made such designation and so informed the clerk in writing before the time for commencement of publication. If there is no qualified newspaper published in the county, the notice shall be published in some qualified newspaper published in an adjoining county which has a general circulation within the county in which the court is held or the notice shall be given by posting copies thereof in ten public places in the county as the court directs. If a notice, which is required to be published once a week for more than one time, is published in a daily newspaper, each publication after the first shall appear on the same day of the week on which the first publication was made;  (3) By registered or certified mail, addressed to the person to be notified at his address within the United States, deposited in the United States mail, with all postage charges prepaid, and, if ordered by the court, with a return receipt requested;  (4) By ordinary mail, deposited in the United States mail with all postage charges prepaid at the first class rate, in a sealed envelope or on a post or postal card, properly addressed, bearing the name and return address of the sender and otherwise inscribed in accordance with the regulations of the United States Postal Service to require a return thereof to the sender upon nondelivery to the addressee;  (5) By any combination of the above or as may be provided by the rules of civil procedure.  3. Service by publication is notice to all heirs and devisees, whether known or unknown or whether residents or nonresidents of this state, spouses and to all creditors and other persons interested in the estate.  4. Provisions in this code for notice to interested persons, other than by publication, do not require such notice to creditors unless otherwise specifically required by the code or by the court.  5. Service of notice upon a minor or a disabled or incapacitated person having a legally appointed guardian or conservator, if the fact of the guardianship or conservatorship is known to the person requiring such service or is disclosed by the court files or records, shall be made by serving such guardian or conservator in the manner provided herein for service upon other persons. Service upon a corporation may be made in the manner provided by law for the service of summons on corporations in civil actions.  6. In all cases where service by publication is required but personal service or service by registered or certified mail is not ordered, all interested persons whose names and addresses appear in the court files or records, including creditors only when ordered by the court, shall be served by ordinary mail. Failure in any such case to mail any notice or failure of any interested person to receive any mailed notice does not invalidate any order of the court or deprive the court of jurisdiction.  7. Personal service and service by registered or certified mail may be made by any competent witness, except that service by mail of any process, order or notice issued by the court shall be made by the clerk, or, if personal service is required, by the sheriff. Service by publication and by ordinary mail, except those required by section 473.587, shall be made by the clerk when requested in writing by the party requiring same, and when furnished with the necessary information therefor.  8. If an attorney has entered his appearance in writing for any party in any probate proceeding or matter pending in the court, all notices required to be served on the party in the proceeding or matter may be served on the attorney and such service shall be in lieu of service upon the party for whom the attorney appears. Service on an attorney may be made by ordinary mail or by leaving a copy of any notice or paper at his office with his clerk or with an attorney employed by or associated with the attorney to be served. -------- (L. 1955 p. 385  11, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)  (1962) Weekly newspaper did not forfeit right theretofore vested in it to publish legal notices by suspending publication the last week in December of one year for vacation purposes and where it resumed continuous weekly publications after the procedure was questioned. State ex rel. Henderson v. Proctor (Mo.), 361 S.W.2d 802.
Effective - 01 Jan 1981   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 made by the clerk, sheriff or other official shall be proved by certificate or return of service. Proof of service by publication shall be made in the form of the affidavit prescribed by section 493.060. In the case of service by registered or certified mail, where the court requires a return receipt, the return receipt shall be attached to the proof of service if a receipt has been received; if no receipt has been received, or in case a notice served by ordinary mail is returned to the sender, the court may, in its discretion, order further service on the party. -------- (L. 1955 p. 385  12, A.L. 1957 p. 829, A.L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1955   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 rights of the party against whom the process issued. -------- (L. 1955 p. 385  12A) 
Effective - 28 Aug 1983   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, or a guardian ad litem may make a waiver on behalf of his protectee or ward, and a trustee may make a waiver on behalf of the trust. A consul or other representative of a foreign government, whose appearance has been entered as provided by law on behalf of any person residing in a foreign country, may make waiver of notice on behalf of such person. Any person who submits to the jurisdiction of the court in any hearing waives notice thereof. -------- (L. 1955 p. 385  14, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45) 
Effective - 01 Jan 1981   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 provisions of chapter 472, 473, or 474 of this code; provided, that such waiver does not adversely affect the rights of creditors or other persons interested in the estate. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1986   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 stenographic record or one made by the utilization of electronic, magnetic, or mechanical sound or video recording devices.  2. "Adversary probate proceeding" as used in this section and in section 472.141 means any proceeding brought pursuant to any provision of chapters 472, 473, 474, and 475 which requires, as a condition precedent to an entry of an order or judgment on the merits, notice of hearing to persons interested in the proceeding, except that proceedings to sell real property or to make final settlement and except that notices that letters have been granted, for unknown heirs, to file interim settlements, of the right of the surviving spouse to elect to take against the will and in guardianship estates in which the Veterans Administration is a party in interest as to petitions by the conservator to disburse funds and as to settlements of conservators shall not be deemed to be adversary unless and until an interested person files objections to the action proposed or the account stated. An "adversary probate proceeding" shall also mean any other probate proceeding determined by the judge of the probate division to be an adversary proceeding.  3. The judge on his motion, or on the request of an interested person, may direct the keeping of a record of any hearing in a probate proceeding. The judge in his discretion may require the party requesting the record to give security for the payment of the costs thereof and may assess the costs of making the record against any party to the proceedings. -------- (L. 1955 p. 385  15, A.L. 1978 H.B. 1634, A.L. 1986 H.B. 1297) 
Effective - 28 Aug 1986   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 statute contains a provision prescribing practice, procedure or pleading, applicable to the pending proceeding, the provisions of the probate code or such statutes shall govern; and  (2) The provisions of chapter 509 and civil rule 55 shall not apply unless specifically made applicable by a provision in the probate code or unless the court enters an order designating all or specific provisions of chapter 509 or civil rule 55 applicable to a particular adversary probate proceeding.  2. If a proceeding is already commenced when the court determines it to be adversary, the court may, on its own motion or on motion of any interested person, enter an order specifying the appropriate provisions of chapter 509 or civil rule 55, which shall govern the proceeding.  3. The civil code of Missouri and the rules of civil procedure shall govern all other actions or proceedings which may be heard by a judge of the probate division pursuant to assignment or otherwise, except as otherwise provided by law. -------- (L. 1978 H.B. 1634, A.L. 1986 H.B. 1297) 
Effective - 28 Aug 1955   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 decrees, or grant a rehearing therein, except that no such power shall exist as to any orders, judgments or decrees from which an appeal has been taken, prior to a final disposition thereof on such appeal, or to set aside the probate of a will after the time allowed for contest thereof. No vacation or modification under this section affects any act done or any right acquired in reliance on any such order, judgment or decree. -------- (L. 1955 p. 385  16)  (1957) Motion to cancel and revoke letters of administration held direct and not collateral attack on order granting same in view of this section. In re Estate of Dugan (A.), 309 S.W.2d 137.
Effective - 01 Jan 1981   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 against an estate exceeding one hundred dollars;  (2) On all settlements of the personal representative;  (3) On all apportionments among creditors, legatees or distributees;  (4) On all orders directing the payment of legacies, making distribution or making allowances to the surviving spouse or unmarried minor children;  (5) On all orders for the sale of assets of the probate estate;  (6) On all orders for the sale of real estate;  (7) On judgments for waste;  (8) On proceedings to recover balances escheated to the state;  (9) On all orders revoking letters testamentary or of administration;  (10) On orders making allowances for the expenses of administration;  (11) On orders for the specific execution of contracts;  (12) On orders compelling legatees and distributees to refund;  (13) On all orders denying any of the foregoing requested actions;  (14) In all other cases where there is a final order or judgment of the probate division of the circuit court under this code except orders admitting to or rejecting wills from probate.  2. No appeal shall be allowed from any order or denial of an order made by the clerk under section 472.070 unless a motion to modify or vacate such order has been denied by the court, but no such motion is necessary to an appeal from any order made, denied or refused by the judge. -------- (RSMo 1939  283, A.L. 1955 p. 385  17, A.L. 1957 p. 829, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)  Prior revisions: 1929  284; 1919  282; 1909  289  Effective 1-01-81  (1966) The right to appeal and whether an appellant is a party aggrieved within the meaning of  472.160 and 512.020 are jurisdictional questions which may be raised at any time and by the court itself. In re Fusz' Estate (Mo.), 397 S.W.2d 595. (1967) For a party to have the right of appeal as "aggrieved" by the judgment he must have a direct pecuniary interest in the result of the litigation. In re Estate of Soengen (A.), 412 S.W.2d 533. (1969) There is no right of appeal from a probate court order vacating a void judgment. State ex rel. Travelers Indemnity Co. v. Swink (A.), 440 S.W.2d 152. (1971) A natural mother qualifies as an "interested person" in the appointment of a guardian for the child's estate, and, having a right to such appointment "if otherwise qualified" a mother would be aggrieved by a final order of the probate court which disqualified her from that office with right of appeal to circuit court. State ex rel. Pope v. Lisle (A.), 469 S.W.2d 841. (1974) Held that order for partial compensation of attorney was not a final judgment and was not appealable. In re the Estate of Ritter (A.), 510 S.W.2d 188. (1974) Held that an order to sell personal property in order to satisfy a tax lien is not an appealable order under this section. Poletti v. Estate of Poletti (A.), 510 S.W.2d 850. (1992) Where court issued order advising that it would issue letters of administration to decedent's putative son and denied motion of decedent's family to prevent such appointment, such order is not appealable. Family did not wait until letters were issued and then move to revoke the letter. Statute authorizes an appeal of an order denying the revocation of letters. Matter of Nocita, 845 S.W.2d 574 (Mo. App. E.D.).
Effective - 28 Aug 1983   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 adjudication in an investigation of the mental condition of any person alleged to be disabled, incapacitated, or mentally ill has been made. The appeal may be made by the petitioner who applied for such adjudication, or by the person alleged to be disabled, incapacitated, or mentally ill, or by any relative of such person, or by any reputable citizen of the county in which the hearing occurred, or by an attorney for any of the foregoing persons. Such an appeal shall not operate as a supersedeas pending the determination of such appeal of any such adjudication or any order or judgment of the probate division based upon such adjudication except to the extent it is specifically provided by the probate division in an order entered at the time of or after the notice of appeal has been filed. The probate division shall in such order allow supersedeas of any order or judgment of commitment or confinement of such person unless it is found that such person by reason of his mental condition is so far disordered in his mind as to endanger his own person or the person or property of others; and the probate division may, in its discretion, allow supersedeas of such adjudication and other orders and judgments of the probate division based thereon, in whole or in part.  2. If the probate division of the circuit court finds that the alleged disabled person is incapable of managing his affairs and refuses to allow supersedeas, the probate division of the circuit court may appoint a guardian ad litem to collect, protect, and preserve the alleged disabled person's assets and, on order of the circuit court, disburse funds for the necessary support and maintenance of the alleged disabled person and those members of his family who are dependent upon him. The appointment of the guardian ad litem as well as the decision of the probate division of the circuit court as to supersedeas may be reviewed by the appellate court on motion by an interested party at any time after the notice of appeal has been filed. -------- (RSMo 1939  284, A.L. 1955 p. 385  18, A.L. 1965 p. 632, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)  Prior revision: 1929  285 
Effective - 02 Jan 1979   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 
Effective - 02 Jan 1979   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 discretion, and if no person is prejudiced thereby, may order that the appeal be stayed until the decree of final distribution is made and that the appeal be heard only as a part of any appeal which may be taken from the decree of final settlement and distribution. This section does not apply to guardianships. -------- (L. 1955 p. 385  19, A.L. 1978 H.B. 1634)  Effective 1-02-79 
Effective - 02 Jan 1979   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 1-02-79 
Effective - 28 Aug 1983   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 the name of the decedent, and those pertaining to guardianships and conservatorships under the name of the ward and protectee; after the name of each file shall be shown the file and register number and the book and page of the register;  (2) A register, arranged in numerical order, in which shall be listed in chronological order under the file and register number and the name of the decedent or ward or protectee, all documents filed or issued and all orders, judgments and decrees made pertaining to the estate, the date thereof, and a reference to the volume and page of any other book in which any record has been made of such order or document;  (3) An abstract of all judgments of other courts filed and of all claims established in the probate division of the circuit court against the estate of each decedent which shall show their amount, date and class, and to whom payable;  (4) A record of wills exhibited to be proven properly indexed, in which shall be recorded such wills, together with the proof thereof and the certificate of probate or rejection thereof;  (5) A record of bonds, in which shall be recorded all bonds filed;  (6) A record of letters, in which shall be entered all letters issued;  (7) A record of inventories, in which shall be recorded all inventories and appraisements;  (8) A record of settlements in which shall be recorded the accounts and settlements of all personal representatives, conservators, and guardians;  (9) A record of probate proceedings, which shall contain all orders, judgments and decrees of the court;  (10) A record of the minutes of the proceedings of the court.  2. All vouchers and receipts in any estate filed in the court may be destroyed on order of the court after they have been on file for a period of five years after final termination of administration proceedings in the estate.  3. Other provisions of law to the contrary notwithstanding, any records required to be kept by the probate division of the circuit court under subsection 1 of this section or by any other law may be kept and maintained by means other than bound volumes of paper pages, including such means as photography, microphotography, photostatic process, electrostatic process, facsimile reproduction, perforated tape, magnetic tape or other electromagnetic means, electronic data processing, machine-readable media, graphic or video display, or any combination thereof. All courts keeping records and information by any of the aforesaid means shall keep and have readily available to the public the necessary machines and equipment to present the records and information in a readily readable form; and, further, the courts shall properly and adequately index such records and information so that the same shall be readily retrievable. -------- (L. 1955 p. 385  29, A.L. 1969 S.B. 81, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45) 
Effective - 01 Jan 1981   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 relating to determination of death and status are applicable:  (1) A certified or authenticated copy of a death certificate issued by an official or agency of the place where the death occurred is prima facie proof of the fact, place, date, time of death, and the identity of the decedent;  (2) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence, sufficient to support a judicial finding, of the status and of the dates, circumstances, and places disclosed by the record or report;  (3) A person who is absent for a continuous period of five years, during which time he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1983   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 settlements, the following apply:  (1) Interests to be affected shall be described in pleadings which give reasonable information to owners by name or class, by reference to the instrument creating the interest, or in other appropriate manner;  (2) Persons are bound by orders binding others in the following cases:  (a) Orders binding the sole holder or all coholders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, bind other persons to the extent their interests, as objects, takers in default, or otherwise, are subject to the power;  (b) To the extent there is no conflict of interest between them or among persons represented, orders binding a guardian bind the ward; orders binding a conservator bind the protectee; orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will establishing or adding to a trust, to review the acts or accounts of a prior fiduciary and in proceedings involving creditors or other third parties; and orders binding a personal representative bind persons interested in the undistributed assets of a decedent's estate in actions or proceedings by or against the estate. If there is no conflict of interest and no conservator or guardian has been appointed, a parent may represent and bind his minor child;  (c) An unborn or unascertained person who is not otherwise represented is bound by an order to the extent his interest is adequately represented by another party having a substantially identical interest in the proceeding;  (3) Notice is required as follows:  (a) Notice as prescribed by section 472.100 shall be given to every interested person, or to one who can bind an interested person as described in paragraphs (a) and (b) of subdivision (2) above. Notice may be given both to a person and to another who may bind him;  (b) Notice is given to unborn or unascertained persons, who are not represented under paragraph (a) or (b) of subdivision (2) above, by giving notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained persons;  (4) At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, disabled, unborn, or unascertained person, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, the same guardian ad litem may be appointed to represent several different persons or interests. -------- (L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45) 
Effective - 01 Jan 1981   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 and 474.293. -------- (L. 1980 S.B. 634)  Effective 1-01-81 
Effective - 28 Aug 1993   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 may approve, ratify, confirm and validate any act or transaction performed by the personal representative of the estate, without court authorization which the court would have had power under this chapter, chapter 473, and chapter 474 to authorize the personal representative to conduct. -------- (L. 1993 S.B. 88  2) 
Effective - 28 Aug 2009   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 of real or personal property, compromises of claims by and against the estate, purchases, sales, mortgages, exchanges, abandonment, leases of any duration, improvements, contracts to improve, contracts to sell, contracts to purchase, and contracts to exchange and grants of options, easements, profits or other rights with respect to land or other property. It also includes, without limitation, payment of a mortgage indebtedness on the real estate of the decedent out of the personal estate and purchase of real estate at a sale made under a mortgage, deed of trust, vendor's lien or other lien held by the decedent. -------- (L. 1993 S.B. 88  3, A.L. 2009 H.B. 239) 
Effective - 28 Aug 2018   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) 
Effective - 28 Aug 2018   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, receives, or stores a digital asset of the user or provides goods or services to the user;  (3) "Agent", an attorney-in-fact granted authority under a durable or nondurable power of attorney;  (4) "Carries", engages in the transmission of electronic communications;  (5) "Catalogue of electronic communications", information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person;  (6) "Conservator", a person appointed by a court to have the care and custody of the estate of a minor or a disabled person. A "limited conservator" is one whose duties or powers are limited. The term "conservator", as used in sections 472.400 to 472.490, includes limited conservator unless otherwise specified or apparent from the context;  (7) "Content of an electronic communication", information concerning the substance or meaning of the communication which:  (a) Has been sent or received by a user;  (b) Is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public; and  (c) Is not readily accessible to the public;  (8) "Court", any court with competent jurisdiction within this state;  (9) "Custodian", a person that carries, maintains, processes, receives, or stores a digital asset of a user;  (10) "Designated recipient", a person chosen by a user using an online tool to administer digital assets of the user;  (11) "Digital asset", an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record;  (12) "Electronic", relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;  (13) "Electronic communication", has the same meaning as set forth in 18 U.S.C. Section 2510(12), as amended;  (14) "Electronic communication service", a custodian that provides to a user the ability to send or receive an electronic communication;  (15) "Fiduciary", an original, additional, or successor personal representative, conservator, agency, or trustee;  (16) "Information", data, text, images, videos, sounds, codes, computer programs, software, databases, or the like;  (17) "Online tool", an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person;  (18) "Person", an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity;  (19) "Personal representative", executor or administrator, including an administrator with the will annexed, an administrator de bonis non, an administrator pending contest, an administrator during minority or absence, and any other type of administrator of the estate of a decedent whose appointment is permitted, or any person who performs substantially the same function under the law of Missouri, including without limitation an affiant who has filed a small estate affidavit under section 473.097. It does not include an executor de son tort;  (20) "Power of attorney", a record that grants an agent authority to act in the place of a principal;  (21) "Principal", an individual who grants authority to an agent in a power of attorney;  (22) "Protected person", an individual for whom a conservator has been appointed, including a protectee, a disabled person, and an individual for whom an application for the appointment of a conservator is pending;  (23) "Record", information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;  (24) "Remote computing service", a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. Section 2510(14), as amended;  (25) "Terms-of-service agreement", an agreement that controls the relationship between a user and a custodian;  (26) "Trustee", a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another, including an original, additional, and successor trustee, and a co-trustee;  (27) "User", a person that has an account with a custodian;  (28) "Will", includes a testamentary instrument, a codicil, a testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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, 2018;  (3) A conservatorship proceeding commenced before, on, or after August 28, 2018; and  (4) A trustee acting under a trust created before, on, or after August 28, 2018.  2. Sections 472.400 to 472.490 shall apply to a custodian if the user resides in this state or resided in this state at the time of the user's death.  3. Sections 472.400 to 472.490 shall not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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 digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.  2. If a user has not used an online tool to give direction under subsection 1 of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.  3. A user's direction under subsection 1 or 2 of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms-of-service. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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 digital assets of the user.  2. Sections 472.400 to 472.490 shall not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.  3. A fiduciary's or a designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under section 472.415. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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 designated recipient full access to the user's account;  (2) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or  (3) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.  2. A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under sections 472.400 to 472.490.  3. A custodian shall not disclose under sections 472.400 to 472.490 a digital asset deleted by a user.  4. If a user directs or a fiduciary requests a custodian to disclose under sections 472.400 to 472.490 some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:  (1) A subset limited by date of the user's digital assets;  (2) All of the user's digital assets to the fiduciary or designated recipient;  (3) None of the user's digital assets; or  (4) All of the user's digital assets to the court for review in camera. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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 content of an electronic communication sent or received by the user if the representative gives the custodian:  (1) A written request for disclosure in physical or electronic form;  (2) A certified copy of the death certificate of the user;  (3) A certified copy of the letters testamentary or letters of administration of the representative or a certified copy of the certificate of clerk in connection with a small estate affidavit or court order;  (4) Unless the user provided direction using an online tool, then in the case of user consent to disclosure, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and  (5) If requested by the custodian for the purpose of identifying the correct account of the user:  (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;  (b) Evidence linking the account to the user; or  (c) A finding by the court that:  a. The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision;  b. Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701, et seq., as amended, 47 U.S.C. Section 222, as amended, or other applicable law;  c. Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or  d. Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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 catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:  (1) A written request for disclosure in physical or electronic form;  (2) A certified copy of the death certificate of the user;  (3) A certified copy of the letters testamentary or letters of administration of the representative or a certified copy of certificate of clerk in connection with a small-estate affidavit or court order; and  (4) If requested by the custodian for the purpose of identifying the correct account of the correct user:  (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;  (b) Evidence linking the account to the user;  (c) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or  (d) A finding by the court that:  a. The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision; or  b. Disclosure of the user's digital assets is reasonably necessary for administration of the estate. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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 the agent the content if the agent gives the custodian:  (1) A written request for disclosure in physical or electronic form;  (2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;  (3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and  (4) If requested by the custodian for the purpose of identifying the correct account of the correct user:  (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or  (b) Evidence linking the account to the principal. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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 authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:  (1) A written request for disclosure in physical or electronic form;  (2) An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;  (3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and  (4) If requested by the custodian for the purpose of identifying the correct account of the correct user:  (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or  (b) Evidence linking the account to the principal. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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 the trustee and the content of the electronic communications. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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 communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:  (1) A written request for disclosure in physical or electronic form;  (2) A certified copy of the trust instrument or a certification of the trust under section 456.10-1013 that includes consent to disclosure of the content of electronic communications to the trustee;  (3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and  (4) If requested by the custodian for the purpose of identifying the correct account of the correct user:  (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or  (b) Evidence linking the account to the trust. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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 communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:  (1) A written request for disclosure in physical or electronic form;  (2) A certified copy of the trust instrument or a certification of the trust under section 456.10-1013;  (3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and  (4) If requested by the custodian for the purpose of identifying the correct account of the correct user:  (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or  (b) Evidence linking the account to the trust. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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 by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian:  (1) A written request for disclosure in physical or electronic form;  (2) A certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and  (3) If requested by the custodian for the purpose of identifying the correct account of the correct user:  (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or  (b) Evidence linking the account to the protected person.  3. A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this subsection shall be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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 care;  (2) The duty of loyalty; and  (3) The duty of confidentiality.  2. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:  (1) Except as otherwise provided in section 472.415, is subject to the applicable terms-of-service agreement;  (2) Is subject to other applicable law, including copyright law;  (3) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and  (4) May not be used to impersonate the user.  3. A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.  4. A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including Missouri law on unauthorized computer access.  5. A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:  (1) Has the right to access the property and any digital asset stored in it; and  (2) Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including Missouri law on unauthorized computer access.  6. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.  7. A fiduciary of a user may request a custodian to terminate the user's account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by:  (1) If the user is deceased, a certified copy of the death certificate of the user;  (2) A certified copy of the letter of testamentary or letters of administration of the representative or a certified copy of the certificate of clerk in connection with a small-estate affidavit or court order, power of attorney, or trust giving the fiduciary authority over the account; and  (3) If requested by the custodian for the purpose of identifying the correct account of the correct user:  (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;  (b) Evidence linking the account to the user; or  (c) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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 comply with a request under sections 472.400 to 472.490 from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.  2. An order under subsection 1 of this section directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. Section 2702, as amended.  3. A custodian may notify the user that a request for disclosure or to terminate an account was made under sections 472.400 to 472.490.  4. A custodian may deny a request under sections 472.400 to 472.490 from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.  5. Sections 472.400 to 472.490 do not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under such sections to obtain a court order which:  (1) Specifies that an account belongs to the protected person or principal;  (2) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and  (3) Contains a finding required by law other than as provided under sections 472.400 to 472.490.  6. A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with sections 472.400 to 472.490. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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. 1250) 
Effective - 28 Aug 2018   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. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 2018   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 effect without the invalid provision or application, and to this end the provisions of sections 472.400 to 472.490 are severable. -------- (L. 2018 H.B. 1250) 
Effective - 28 Aug 1959   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 property; except that when the major part of a nonresident decedent's estate in this state consists of real estate, the will shall be probated and letters testamentary or of administration shall be granted in the county in which the real estate or the major part thereof is located;  (3) If the decedent had no domicile in this state and left no property therein, in any county in which the granting thereof is required in order to protect or secure any legal right.  2. If proceedings are commenced in more than one county, they shall be stayed except in the county where first commenced until final determination of venue in the county where first commenced. The proceedings are deemed commenced by the filing of an application for letters; and the proceedings first legally commenced extends to all of the property of the estate in this state.  3. All orders, settlements, trials and other proceedings pertaining to any estate shall be had or made in the county in which the letters were granted. -------- (RSMo 1939  4, 5, 531, L. 1955 p. 385  30, A.L. 1959 S.B. 141)  Prior revisions: 1929  4, 5, 530; 1919  4, 5, 518; 1909  12, 13, 548  (1961) When sections 473.010 and 473.668 are read together they clearly authorize the appointment of an administrator for the estate of a nonresident decedent to the end that plaintiffs in personal injury action could maintain such action against and obtain service upon the administrator. State ex rel. McCubbin v. Ginn (Mo.), 347 S.W.2d 119. 
Effective - 01 Jan 1981   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 is deemed one proceeding for purposes of jurisdiction. Such entire proceeding is a proceeding in rem. No notice is jurisdictional except the notice by publication provided in section 473.033, unless the provision requiring the notice expressly provides that the notice is jurisdictional. Whether the administration is supervised or independent, from the time of first publication of the notice provided in section 473.033, the probate division of the circuit court has in rem jurisdiction of all real and personal property of the decedent located within this state. -------- (L. 1955 p. 385  31, A.L. 1957 p. 829, A.L. 1980 S.B. 637)  Effective 1-01-81  (1966) Under present probate code, probate court acquires no more jurisdiction initially over an intestate's realty than it did under prior statutes. Clapper v. Chandler (Mo.), 406 S.W.2d 114.
Effective - 28 Aug 1983   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 decedent, and residence addresses of the surviving spouse, heirs, devisees and legatees of the decedent, if any, and their birth dates, if minors; the names and addresses of the conservators of any minor or disabled heirs, legatees or spouse of the decedent, if known; and if applicant has reason to believe that there are any heirs or devisees who are mentally incapacitated or that there are other heirs or devisees but their names and addresses are unknown to him, he shall so state;  (3) The probable value of the real and personal property;  (4) If decedent had no domicile in this state, the location and the probable value of any land owned by him in this state at the time of his death, if any, and the probable value of the personal property within the state, so far as is known, which may be subject to administration in this state;  (5) If the decedent died testate and the will has not been delivered to the court, the contents of the will, either by attaching a copy of it to the petition, or, if the will is lost, destroyed or suppressed, by including a statement of the provisions of the will so far as known;  (6) The names and residence addresses of the persons, if any, named as executors;  (7) Where letters of administration on the estate of an intestate are sought, the name and residence address of the person for whom letters are prayed, and his relationship to the decedent or other facts, if any, which entitle such person to appointment;  (8) The name and address of the attorney for the applicant;  (9) That if letters are issued, the applicant will make a perfect inventory of the estate, pay the debts and legacies, if any, as far as the assets extend and the law directs, and account for and distribute or pay all assets which come into the possession of the personal representative, and perform all things required by law touching the administration of the estate;  (10) Whether the application is for supervised or independent administration.  2. After letters have been granted on an estate, the personal representative or other interested person, if the information contained in the application required by subsection 1 is not complete or is no longer correct, shall communicate in writing promptly to the clerk such facts known to him as are necessary to complete or correct the same. -------- (L. 1955 p. 385  32, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1983 S.B. 44 & 45) 
Effective - 23 May 1996   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 within twenty days after the death of a decedent, then any interested person may petition the probate division of the circuit court which would be the proper venue for the administration of the estate of such decedent for the issuance of letters testamentary or of administration. For purposes of this section, in addition to persons provided for in subdivision (15) of section 472.010, any person who has attached a claim supported by an affidavit setting forth the basis upon which such person has a claim against the decedent shall be an interested person.  2. The petition must be filed within one year after the date of death of the decedent and shall include the following:  (1) The decedent's name, the address of the decedent's last residence and the date of death of the decedent;  (2) If a written will of the decedent has been presented for probate, the names and addresses of the personal representatives designated in such will; and  (3) The names, addresses and relationships to the decedent of the decedent's heirs as is known to, or can be reasonably ascertained by, the petitioner.  3. Within fifteen days from the date of filing, the petition shall be set for hearing to determine who should be directed to apply for letters testamentary or of administration, and not to determine the validity of any claim. Notice of the hearing shall be served upon all interested persons in the manner and within such time as directed by the court. Upon hearing of the petition, the court shall enter such order or orders as it deems appropriate, including any of the following:  (1) An order directing the person found by the court to be entitled to the issuance of letters testamentary or of administration to apply for and qualify for such letters within such time as is allowed by the court, and in default of such timely application and qualification, upon application, the court shall issue letters of administration to some other person found suitable by the court;  (2) An order refusing letters on the estate; or  (3) An order dismissing the petition. -------- (RSMo 1939  8, A.L. 1955 p. 385  34, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1996 S.B. 494)  Prior revisions: 1929  8; 1919  8; 1909  10  Effective 5-23-96  (1961) Where appointment of an administrator who had no interest in the estate was made eleven months after decedent's death on application of attorney for widow having wrongful death action against decedent's estate, the burden was on those opposing the appointment to establish that persons entitled to administer were residents and otherwise qualified. In re Norman's Estate (A.), 347 S.W.2d 908. (1962) In subsequent proceeding in prohibition to restrain action for damages for wrongful death against administrator was void for lack of finding of nonresidence of widow, judgment in "In re Norman's Estate" held res judicata and preliminary writ quashed. State ex rel. Farmer v. Allison (A.), 359 S.W.2d 245. (1992) Personal representatives did not waive and renounce their right to apply for letters testamentary by filing their petition after the twenty days allowed by the statute. Statute does not limit the time in which a named executor must file the application for letters in probate; rather, statute merely ensures that where executor has failed to file in a in a timely manner, other interested persons should be free to do so. Matter of Estate of Bloemker, 829 S.W.2d 7 (Mo. App. E.D.). 
Effective - 02 Jan 1979   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. 1634)  Prior revisions: 1929  1; 1919  1; 1909  9  Effective 1-02-79 
Effective - 28 Aug 1955   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 proceedings are pending, with a written acknowledgment of or proof of service, a written request, stating that he desires written notice by ordinary mail of the time and place of all hearings on the settlement of accounts, on final distribution, and on any other matters for which any notice is required by law, by rule of court or by an order in the particular case. The applicant for notice shall include in his written request his post-office address or that of his attorney. Unless the court otherwise directs, upon filing the request the clerk shall give the applicant notice of all hearings for which any notice is required as aforesaid, or of such of those hearings as he designates in his request. -------- (L. 1955 p. 385  36)  (1987) Order granting special notice of probate hearings to interested person pursuant to this section was not subject to interlocutory appeal. Cordes v. Caldwell, 731 S.W.2d 463 (Mo.App.E.D.)
Effective - 23 May 1996   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 notice to creditors of the decedent to file their claims in the court or be forever barred. The notice shall be published once a week for four consecutive weeks. The clerk shall send a copy of the notice by ordinary mail to each heir and devisee whose name and address are shown on the application for letters or other records of the court, but any heir or devisee may waive notice to such person by filing a waiver in writing. The personal representative may, but is not required to, send a copy of the notice by ordinary mail or personal service to any creditor of the decedent whose claim has not been paid, allowed or disallowed as provided in section 473.403. Proof of publication of notice under this section and proof of mailing of notice shall be filed not later than ten days after completion of the publication. The notice shall be in substantially the following form:   To all persons interested in the estate of ______, decedent:   On the ______ day of ______, 20______, (the last will of the decedent having been admitted to probate) ______ was appointed the personal representative of the estate of ______, decedent, by the probate division of the circuit court of ______ County, Missouri. The business address of the personal representative is ______, and the personal representative's attorney is ______ of ______.   All creditors of the decedent are notified to file claims in court within six months from the date of first publication of this notice or if a copy of this notice was mailed to, or served upon, such creditor by the personal representative, then within two months from the date it was mailed or served, whichever is later, or be forever barred to the fullest extent permissible by law. Such six-month period and such two-month period do not extend the limitation period that would bar claims one year after the decedent's death, as provided in section 473.444, RSMo, or any other applicable limitation periods. Nothing in section 473.033, RSMo, shall be construed to bar any action against a decedent's liability insurance carrier through a defendant ad litem pursuant to section 537.021, RSMo.   Receipt of this notice by mail should not be construed by the recipient to indicate that the recipient necessarily has a beneficial interest in the estate. The nature and extent of any person's interest, if any, can be determined from the files and records of this estate in the probate division of the circuit court of ______ County, Missouri.   Date of the decedent's death was ______, 20______   Date of first publication is ______, 20______     __________________      Clerk of the Probate Division    of the Circuit Court    ______ County, Missouri   -------- (L. 1955 p. 385  37, A.L. 1969 S.B. 86, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 H.B. 369, A.L. 1989 H.B. 145, A.L. 1993 S.B. 88, A.L. 1996 S.B. 494)  Effective 5-23-96  (1962) Weekly newspaper did not forfeit right theretofore vested in it to publish legal notices by suspending publication the last week in December of one year for vacation purposes and where it resumed continuous weekly publications after the procedure was questioned. State ex rel. Henderson v. Proctor (Mo.), 361 S.W.2d 802. (1985) Held, due process does not require any more than publication notice to a creditor that a decedent's estate is being administered and the notice provisions of sections 473.360 and 473.033, RSMo, are constitutional. Estate of Busch v. Ferrell-Duncan Clinic (Mo. banc) 700 S.W.2d 87.
Effective - 28 Aug 1955   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 p. 385  38)  Prior revisions: 1929  79; 1919  78; 1909  86 
Effective - 28 Aug 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 intestate, a description of his person, the time and place of his death, the place of his nativity, if known, and the appraised amount of his estate. -------- (RSMo 1939  80, A.L. 1955 p. 385  39)  Prior revisions: 1929  80; 1919  79; 1909  87 
Effective - 02 Jan 1979   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 jurisdiction of the estate or to the probate division of the circuit court of the county where the will is found and if the latter, that court shall keep a copy and deliver the original will, by certified mail, to the probate division of the circuit court which has jurisdiction of the estate.  2. Wills of decedents found in safe deposit boxes are in the custody of the depository for the purposes of this section and said depository may make a copy of the will before delivering it to the proper court.  3. If the probate division of the circuit court is satisfactorily informed that any person has in his possession the will of any testator, and refuses to produce the same, the court may summon the person, and compel him, by attachment and commitment, to produce the same. -------- (RSMo 1939  569, A.L. 1955 p. 385  40, A.L. 1971 S.B. 85, A.L. 1978 H.B. 1634)  Prior revisions: 1929  568; 1919  556; 1909  584  Effective 1-02-79 
Effective - 28 Aug 1955   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. 385  41)  Prior revisions: 1929  531; 1919  519; 1909  549 
Effective - 28 Aug 2016, 2 histories   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 delivery of a will of a decedent, if such will has not previously been delivered, to the probate division of the circuit court which would be the proper venue for the administration of the estate of such decedent, or the delivery of a verified statement to such court, if the will of such decedent is lost, destroyed, suppressed or otherwise not available, setting forth the reason such will is not available and setting forth the provisions of such will so far as known; and  (2) One of the following:  (a) An affidavit pursuant to section 473.097, which requests such will be admitted to probate; or  (b) A petition which seeks to have such will admitted to probate; or  (c) An authenticated copy of the order admitting such will to probate in any state, territory or district of the United States, other than this state.  3. No proof shall be taken of any will nor a certificate of probate thereof issued unless such will has been presented within the applicable time set forth as follows:  (1) In cases where notice has previously been given in accordance with section 473.033 of the granting of letters on the estate of such testator, within six months after the date of the first publication of the notice of granting of letters, or within thirty days after the commencement of an action under section 473.083 to establish or contest the validity of a will of the testator named in such will, whichever later occurs;  (2) In cases where notice has not previously been given in accordance with section 473.033 of the granting of letters on the estate of testator, within one year after the date of death of the testator;  (3) In cases involving a will admitted to probate in any state, territory or district of the United States, other than this state, which was the decedent's domicile, at any time during the course of administration of the decedent's domiciliary estate in such other state, territory or district of the United States.  4. A will presented for probate within the time limitations provided in subsection 3 of this section may be exhibited to be proven, and proof received and administration granted on such will at any time after such presentation.  5. A will not presented for probate within the time limitations provided in subsection 3 of this section is forever barred from admission to probate in this state.  6. Except as provided in subsection 4 of this section and section 537.021, no letters of administration shall be issued unless application is made to the court for such letters within one year from the date of death of the decedent. -------- (RSMo 1939  532, A.L. 1955 p. 385  42, A.L. 1969 S.B. 85, A.L. 1973 H.B. 216, A.L. 1978 H.B. 1634, A.L. 1996 S.B. 494, A.L. 2016 H.B. 1765)  Prior revisions: 1929  531; 1919  519; 1909  549  (1997) Action by probate division is condition precedent to bringing suit to set aside a will or to establish a will that has been rejected. Brunig v. Humburg, 957 S.W.2d 345 (Mo.App.E.D.). (2005) Tolling provisions of federal Servicemembers' Civil Relief Act toll statute of limitations for filing petition for presentment and application for letters testamentary for covered individuals. State ex rel. Estate of Perry ex rel. Perry, 168 S.W.3d 577 (Mo.App.W.D.). 
Effective - 28 Aug 1983   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 shall testify to facts showing that the will was executed in accordance with section 474.320. This section does not alter the rules of evidence as to the establishment of a will by probate in solemn form or affect the probate of a self-proved will.  2. If either or both of the subscribing witnesses to the will are dead, physically or mentally incapable of testifying, or their whereabouts unknown, then due execution of the will by testator and its attestation by subscribing witnesses shall be proved by the available subscribing witness, if any, and proof of the handwriting of any dead or mentally incapacitated subscribing witness or subscribing witness whose whereabouts is unknown, or by such other competent evidence as is available. -------- (L. 1955 p. 385  43, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1983 S.B. 44 & 45) 
Effective - 02 Jan 1979   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, and directed, if the witness resides out of the United States to any court having a seal, of any state, kingdom, republic or empire, or mayor or other chief officer of any city or town having a seal, or to any minister or consul of the United States to any country in which the witness resides; if without this state and within the United States, to any court having a seal, or to any notary public in the state, territory or district in which the witness resides; and if within this state, to any court having a seal, or judge thereof, notary public, mayor, or other chief officer of any city or town in the county where the witness resides, empowering him to take and certify the attestation of the witness. If any witness is a member of the Armed Forces of the United States on active duty and out of this state, the commission may be issued to any commissioned officer, other than a warrant officer, of any of the Armed Forces of the United States, on active duty, and shall authorize him to take and certify the attestation of the witness. -------- (RSMo 1939  533, A.L. 1955 p. 385  44, A.L. 1973 S.B. 132, A.L. 1978 H.B. 1634)  Prior revisions: 1929  532; 1919  520; 1909  550  Effective 1-02-79 
Effective - 28 Aug 1961   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 to such commission is a copy as his last will, or that some other person signed it by his direction, and in his presence, that the witness subscribed his name thereto in the presence of testator, the testimony so taken shall have the same force as if taken before the court or clerk. -------- (RSMo 1939  534, A.L. 1955 p. 385  45, A.L. 1961 p. 653)  Prior revisions: 1929  533; 1919  521; 1909  551 
Effective - 28 Aug 1983   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 any action involving the validity of a will upon a showing that the subscribing witness is dead, mentally incapacitated or cannot be found. -------- (RSMo 1939  537, 541, A.L. 1955 p. 385  46, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  536, 540; 1919  524, 528; 1909  554, 558 
Effective - 01 Jan 1981   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 proof.  2. Procedure for the contest of a will probated under subsection 1 shall be as provided in section 473.083. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1955   473.067. Proof of nuncupative wills.  Proof of nuncupative wills is subject to the requirements of section 474.340. -------- (L. 1955 p. 385  47) 
Effective - 23 May 1996   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 period for a final settlement pursuant to section 473.590 or for a statement of account pursuant to subsection 4 of section 473.840.  2. The mother of an alleged heir who is not yet born and is in gestation shall have the right to file an action in accordance with subsection 1 of this section on behalf of the alleged heir. -------- (L. 1955 p. 385  48, A.L. 1971 S.B. 85, A.L. 1985 S.B. 35, et al., A.L. 1989 H.B. 145, A.L. 1996 S.B. 494)  Effective 5-23-96  (1996) Illegitimate child may prove paternity during probate pursuant to this section even if section 210.828 statute of limitations has run. In the Matter of Carl Nocita, 914 S.W.2d 358 (Mo.banc). (2000) Statute requiring application for letters of administration within one year of decedent's death applies to paternity proceedings brought under Uniform Parentage Act. Johnson v. Akers, 9 S.W.3d 608 (Mo.banc). 
Effective - 28 Aug 1961   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 will was revoked, the will shall be admitted to probate as the last will of the testator.  2. On an application for letters, the clerk or court shall determine whether the deceased died testate or intestate and grant letters accordingly or on proper grounds, may deny the application. -------- (L. 1955 p. 385  49, A.L. 1961 p. 653) 
Effective - 28 Aug 1971   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 letters, for the purpose of admitting a will to probate not theretofore presented to the court except that, if a previous will has been probated or rejected, it may not be reopened after the time for bringing a proceeding under section 473.083;  (2) It may be vacated or modified for good cause as provided in section 472.150;  (3) The finding that the alleged decedent is dead is not final or conclusive. -------- (L. 1955 p. 385  50, A.L. 1971 S.B. 85)  (1957) A contingent debtor who was defendant in action brought by administrator held entitled to attack validity of appointment of administrator and to appeal from order denying removal of administrator. In re Dugan (A.), 309 S.W.(2d) 137. Same rule applies to appointment of guardian of minors. In re Dugan (A.), 309 S.W.2d 145.
Effective - 28 Aug 1955   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 with their testimony. If for any reason a written will is not in the custody of the court, the court shall find the contents thereof, and the order admitting the will to probate shall state the contents and a certificate shall be annexed as above provided. Every will certified as herein provided, or the record thereof, or a duly certified transcript of the record, may be read in evidence in the courts in this state without further proof. -------- (L. 1955 p. 385  51) 
Effective - 01 Jan 1981   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 sections 473.073 and 473.083. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 13 Jul 1989   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 first publication of notice of granting of letters on the estate of the decedent, whichever is later, and, by petition filed with the clerk of the circuit court of the county, contests the validity of a probated will, or prays to have a will probated which has been rejected by the probate division of the circuit court, then probate or rejection of the will is binding. An heir, devisee, trustee or trust beneficiary under another purported will of the same decedent, and a person who has acquired, before or after the death of the testator, all or part of the interest of such heir or devisee by purchase, gift, devise, intestate succession, mortgage or lien, is interested in the probate of a will for purposes of this section.  2. Whenever it is shown or appears to and is found by the judge of the probate division that any person interested in the probate of a will is a minor or mentally incapacitated person, and that the filing of a contest may be to the interest of the minor or person, the court shall appoint a guardian ad litem for the minor or person, who shall file or join in the contest within the time fixed by subsection 1 of this section.  3. It is not necessary to join as parties in a will contest persons whose interests will not be affected adversely by the result thereof. Subject to the provisions of section 472.300, persons not joined as parties in a will contest are not bound by the result thereof and have no rights in or to any consideration given for dismissal pursuant to subsection 8 of this section.  4. Upon filing of the petition the clerk of the circuit court shall immediately notify the probate division of the circuit court and transmit to it a copy of the petition within ten days after its filing.  5. Any contest of the validity of a probated will or any prayer to have probated a will which has been rejected by the judge of the probate division shall be heard before a circuit judge other than the judge of the probate division, provided, however, that with the consent of the judge of the probate division, such actions may be filed in or transferred to the probate division for hearing. Service of summons, petition, and subsequent pleadings thereto together with all subsequent proceedings in such will contest proceedings shall be governed by the Missouri Rules of Civil Procedure and the provisions of The Civil Code of Missouri which are in effect.  6. In any such action the petitioner shall proceed diligently to secure and complete service of process as provided by law on all parties defendant. If service of process is not secured and completed upon all parties defendant within ninety days after the petition is filed, the petition, on motion of any defendant duly served upon the petitioner or his attorney of record, in the absence of a showing by the petitioner of good cause for failure to secure and complete service, shall be dismissed at the cost of the petitioner.  7. If a timely petition is filed, it and the answer or answers thereto shall frame the issues of intestacy or testacy or which writing or writings constitute the decedent's will. The issues shall be tried by a jury, or if no party requires a jury, by the court, and the judgment thereon shall determine the issues. The verdict of jury or the finding and judgment of the court is final, saving to the court the right of granting a new trial and to the parties the right of appeal as in other cases.  8. Any such action may be voluntarily dismissed, after the period of contest has expired, by consent of all parties not in default, at the cost of the party or parties designated, at any time prior to final judgment. Dismissal under this subsection shall not be considered a compromise of the action requiring court approval pursuant to sections 473.084 and 473.085, even though the parties have contractually agreed to an exchange of consideration for such dismissal or consent, and even though others similarly situated do not participate in such consideration.  9. If the action is dismissed under the provisions of subsection 6 or 8 of this section, the judge of the probate division shall proceed with the administration of the estate in accord with his previous order admitting the will to probate or rejecting a will as if the petition had never been filed with the clerk of the circuit court. -------- (RSMo 1939  538, 539, 540, A.L. 1955 p. 385  52, A.L. 1959 S.B. 141, A.L. 1969 p. 550, A.L. 1973 S.B. 114, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45, A.L. 1989 H.B. 145)  Prior revisions: 1929  537, 538, 539; 1919  525, 526, 527; 1909  555, 556, 557  Effective 7-13-89  (1984) The only question that may be litigated in a will contest is whether a document is the last will and testament of the decedent, and no other claims may be joined. Romann v. Bueckmann (Mo. App.E.D.), 686 S.W.2d 25. (1987) As used in this section, the term "adversely affected" means that the person may lose some benefit if the will contest succeeds, not if the will contest fails. Zimmerman v. Preuss, 725 S.W.2d 876 (Mo. banc). (1987) A will contest may be dismissed voluntarily with prejudice pursuant to this section and the estate distributed in accordance with court approved settlement agreement of parties to will contest pursuant to sections 474.084 and 474.085 so long as agreement is reasonable and takes into account all interested parties including those that may not be parties to will contest. Mamoulian v. St. Louis University, 732 S.W.2d 512 (Mo. banc). (1996) The requirements of sections 473.017 and 473.033 must be followed before the statutory bar of this section may be exercised to exclude a will contest in an open estate. Bosworth v. Sewell, 918 S.W.2d 773 (Mo.banc). (1997) Action by probate division is condition precedent to bringing suit to set aside a will or to establish a will that has been rejected. Brunig v. Humburg, 957 S.W.2d 345 (Mo.App.E.D.).
Effective - 01 Jan 1981   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 estate of the decedent of any successor, or the administration of the estate, if approved in a proceeding in the court for that purpose, is binding on all the parties thereto, including those unborn, unascertained, or who could not be located. An approved compromise is binding even though it may affect a trust or an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities who are not parties to it. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1982   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 acting for any minor child having beneficial interests or having claims which will or may be affected by the compromise. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts are unknown and cannot reasonably be ascertained;  (2) Any interested person, including a personal representative or trustee, may then submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust, and other fiduciaries and representatives;  (3) After notice to all interested persons or their representatives, including the personal representative of the estate and all affected trustees of trusts, the court in which the controversy is pending, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries over which it has jurisdiction to execute the agreement. Minor children represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise. Upon the making of the order and the execution of the agreement, all further disposition of the estate is in accordance with the terms of the agreement. -------- (L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision) 
Effective - 28 Aug 1955   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) 
Effective - 23 May 1996   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 in amount than is allowed by law as exempt property and the allowance to the surviving spouse or unmarried minor children under section 474.260;  (2) When the personal estate of the decedent does not exceed fifteen thousand dollars and there is no widower, widow or unmarried minor children, any creditor of the decedent whose claim has not been barred by section 473.444 or any creditor of the estate may apply for refusal of letters by giving bond in the sum of not less than the value of the estate, the bond to be approved by the court, conditioned upon the creditor's obligating himself or herself to pay, so far as the assets of the estate will permit, the debts of the decedent in the order of their preference, and to distribute the balance, if any, to the persons entitled to such balance under the law. Liability of the sureties on the bond shall terminate unless proceedings against them are instituted within two years after the bond is filed. The court may dispense with the filing of a bond if the court finds the bond is not necessary.  2. Proof may be allowed by or on behalf of the widower, widow, unmarried minor children or creditor before the court of the value and nature of the estate, and if the court is satisfied that no estate will be left after allowing to the surviving spouse or unmarried minor children their exempt property and statutory allowances or that the personal estate does not exceed fifteen thousand dollars when application is made by a creditor, the court may order that no letters of administration shall be issued on the estate, unless, upon the application of other creditors or parties interested, the existence of other or further property is shown.  3. After the making of the order, and until such time as it may be revoked, the surviving spouse, unmarried minor children or creditor may collect and sue for all the personal property belonging to the estate, if a surviving spouse or creditor, in the same manner and with the same effect as if the person had been appointed and qualified as executor or administrator of the estate, and if minor children, in the same manner and with the same effect as now provided by law for proceedings in court by infants in bringing suit.  4. When the estate of the decedent includes real estate and its value, less liens and encumbrances, together with the personal property, is not greater in value than the exempt property and allowances to the surviving spouse or unmarried minor children, the surviving spouse or unmarried minor children are entitled to such real property and may make record evidence of title to such real property without appointment of an executor or administrator by filing in the office of the recorder of deeds of each county where the real property is situated a certified copy of the order of refusal of letters, describing the real property, naming the persons entitled to such real property and showing their right to succeed to the property.  5. The surviving spouse or unmarried minor children who receive property of the estate under this section may retain such property, but a creditor receiving property under this section shall apply the proceeds of such property to debts of the estate in the order in which claims against the estate of deceased persons are now classified and preferred by law, and shall distribute the balance, if any, to the persons entitled thereto under the law. Upon compliance with this procedure, the real estate involved shall not thereafter be taken in execution for any debts or claims against the decedent, but the compliance has the effect of establishing the right of the surviving spouse or unmarried minor children to succeed to the real property; however, nothing in this section shall affect the right of secured creditors with respect to the real property.  6. Any person who has paid funeral expenses or debts of decedent is deemed a creditor for the purpose of making application for the refusal of letters of administration under this section and is subrogated to the rights of the original creditor. -------- (RSMo 1939  2, A.L. 1955 p. 385  57, A.L. 1957 p. 829, A.L. 1967 p. 639, A.L. 1971 S.B. 19, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 35, et al., A.L. 1996 S.B. 494)  Prior revisions: 1929  2; 1919  2; 1909  10  Effective 5-23-96 
Effective - 10 Jun 1981   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 administration pursuant to section 473.090, and the performance of the duties required by this section shall not constitute the practice of law as defined in section 484.010. -------- (L. 1980 S.B. 637, A.L. 1981 S.B. 117)  Effective 6-10-81 
Effective - 23 May 1996   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, upon petition by any person who could have applied to the court pursuant to section 473.090 or section 473.097, if the court finds the requirements of either section would have been initially met, the court may order the pending matter be completed under section 473.090 or section 473.097 and proceed pursuant to either section as authorized by statute. The court may proceed with or without notice to any interested party. -------- (L. 1996 S.B. 494)  Effective 5-23-96 
Effective - 28 Aug 1957   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, shall in its order thereunder make such division of the property as will effectuate the apportionment. -------- (L. 1957 p. 829) 
Effective - 28 Aug 2002   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 entitled to the real property of such estate, as provided in this section, without awaiting the granting of letters testamentary or of administration, if all of the following conditions are met:  (1) The value of the entire estate, less liens, debt, and encumbrances, does not exceed forty thousand dollars;  (2) Thirty days have elapsed since the death of the decedent and no application for letters or for administration or for refusal of letters under section 473.090 is pending or has been granted, or if such refusal has been granted and subsequently revoked;  (3) A bond, in an amount not less than the value of the personal property, approved by the judge or clerk of the probate division is filed by the person making the required affidavit conditioned upon the payment of the debts of the decedent, including any debts to the state of Missouri, the expenses of funeral and burial and compliance with future orders of the court in relation to the estate of the decedent; and further conditioned that any part of the property to which the distributee is not entitled will be delivered to the persons entitled to the property under the law. Liability of the sureties on the bonds provided for in this section terminates unless proceedings against them are instituted within two years after the bond is filed; except that, the court may dispense with the filing of a bond if it finds that the same is not necessary;  (4) A fee, in the amount prescribed in subsection 1 of section 483.580, and when required, the publication cost of the notice to creditors are paid or the proof of payment for such publication is provided to the clerk of the probate division.  2. Notwithstanding the limitation periods set out in section 473.050, the affidavit required by this section may be made by the person designated as personal representative under the will of the decedent, if a will has been presented for probate within the limitation periods specified in section 473.050, otherwise by any distributee entitled to receive property of the decedent any time after thirty days after decedent's death, and shall set forth all of the following:  (1) That the decedent left no will or, if the decedent left a will, that the will was presented for probate within the limitation periods specified in section 473.050;  (2) That all unpaid debts, claims or demands against the decedent or the decedent's estate and all estate taxes due, if any, on the property transfers involved have been or will be paid, except that any liability by the affiant for the payment of unpaid claims or demands shall be limited to the value of the property received;  (3) An itemized description and valuation of property of the decedent. As used in this subdivision, the phrase "property of the decedent" shall not include property which was held by the decedent as a tenant by the entirety or a joint tenant at the time of the decedent's death;  (4) The names and addresses of persons having possession of the property;  (5) The names, addresses and relationship to the decedent of the persons entitled to and who will receive, the specific items of property remaining after payment of claims and debts of the decedent, included in the affidavit;  (6) The facts establishing the right to such specific items of property as prescribed by this section.  The certificate of the clerk shall be annexed to or endorsed on the affidavit and shall show the names and addresses of the persons entitled to the described property under the facts stated in the affidavit and shall recite that the will of decedent has been probated or that no will has been presented to the court and that all estate taxes on the property, if any are due, have been paid.  3. A copy of the affidavit and certificate shall be filed in the office of the clerk of the probate division and copies of the affidavit and certificate shall be furnished by the clerk.  4. The distributees mentioned in this section may establish their right to succeed to the real estate of the decedent by filing a copy of the foregoing affidavit and certificate of the clerk in the office of the recorder of deeds of each county where the real property is situated.  5. When the value of the property listed in the affidavit is more than fifteen thousand dollars, the clerk shall cause to be published in a newspaper of general circulation within the county which qualifies under chapter 493 a notice to creditors of the decedent to file their claims in the court or be forever barred. The notice shall be published once a week for two consecutive weeks. Proof of publication of notice pursuant to this section shall be filed not later than ten days after completion of the publication. The notice shall be in substantially the following form:   To all persons interested in the estate of ______, Decedent:   On the ______ day of ______, 20______, a small estate affidavit was filed by the distributees for the decedent under section 473.097, RSMo, with the probate division of the circuit court of ______ County, Missouri.   All creditors of the decedent, who died on ______, 20______, are notified that section 473.444 sets a limitation period that would bar claims one year after the death of the decedent. A creditor may request that this estate be opened for administration.   Receipt of this notice should not be construed by the recipient to indicate that the recipient may possibly have a beneficial interest in the estate. The nature and extent of any person's interest, if any, may possibly be determined from the affidavit on this estate filed in the probate division of the circuit court of ______ County, Missouri.   Date of first publication is ______, 20______     __________________       Clerk of the Probate Division     of the Circuit Court     ______ County, Missouri     6. Upon compliance with the procedure required by this section, the personal property and real estate involved shall not thereafter be taken in execution for any debts or claims against the decedent, but such compliance has the same effect in establishing the right of distributees to succeed to the property as if complete administration was had; but nothing in this section affects the right of secured creditors with respect to such property.  7. The affiant shall collect the property of decedent described in the affidavit. The property of decedent shall be liquidated by the affiant to the extent necessary to pay debts of decedent. If the decedent's property is not sufficient to pay such debts, abatement of the shares of the distributees shall occur in accordance with section 473.620. The affiant shall distribute the remaining property to such persons identified in the affidavit as required in subdivision (5) of subsection 2 of this section who are entitled to receive the specific items of personal property, as described in the affidavit, or to have any evidence of such property transferred to such persons. To the extent necessary to facilitate distribution, the affiant may liquidate all or part of decedent's property. -------- (L. 1955 p. 385  54, A.L. 1957 p. 829, A.L. 1967 p. 640, A.L. 1971 S.B. 19, A.L. 1973 S.B. 112, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1985 S.B. 35, et al., A.L. 1986 S.B. 787, A.L. 1993 S.B. 88, A.L. 1994 S.B. 701, A.L. 1996 S.B. 494, A.L. 2002 H.B. 1537) 
Effective - 28 Aug 1955   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 to an executor or administrator of the decedent, and he is not required to see to the application thereof or to inquire into the truth of any statement in the affidavit if made by any other person. If any person to whom the affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled in an action brought for that purpose by or on behalf of the persons entitled thereto under section 473.097, upon proof of the defeasible right declared by such section. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any administrator or executor of the estate or to the surviving spouse or minor children of the decedent who proceed under section 473.090 or 473.093 or to any other person having a superior right. -------- (L. 1955 p. 385  55) 
Effective - 02 Jan 1979   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 be made by one or more appraisers appointed by the court and the cost thereof shall be paid by the persons entitled to the property in accordance with the order of the court. -------- (L. 1955 p. 385  58, A.L. 1971 S.B. 163, A.L. 1978 H.B. 1634)  Effective 1-02-79 
Effective - 28 Aug 1985   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 are disqualified or fail to apply for letters, letters shall be granted to the others designated, and if all personal representatives designated are found by the court to be incompetent, unsuitable or improper or are disqualified or fail to apply, letters shall be granted to some other qualified person.  2. Letters of administration shall be granted to the following persons if otherwise qualified:  (1) To the husband or wife;  (2) To one or more of those who are entitled to distribution of the estate, who the court shall believe will best manage and preserve the estate. A conservator of a distributee is not entitled to preference;  (3) If the court believes no one of the persons entitled to administer is a competent and suitable person, or if any such person fails to apply for letters when directed by the court, some other person may be appointed;  (4) A person entitled to letters of administration under subdivision (1) or (2) of this subsection, or who would be entitled thereto but for section 473.117, may, if he has attained the age of eighteen years and has sufficient mental capacity for the purpose, nominate a qualified person to act as personal representative. Any such person may renounce his right to nominate or to be appointed by an appropriate writing filed with the court. When two or more persons share a priority, those of them who do not renounce must concur in nominating another to act for them or in applying for appointment.  3. A natural person or corporate fiduciary, otherwise qualified, who is a nonresident of this state may be appointed as a personal representative. -------- (RSMo 1939  7, 11, A.L. 1955 p. 385  60, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.)  Prior revisions: 1929  7, 11; 1919  7, 11; 1909  15, 19  (1967) A sister has no priority to the appointment as an administratrix ad litem as statutory provisions as to preferences which are applicable to cases of general administration do not govern the appointment of a special or temporary administrator pendente lite, and the probate court, in its discretion, may appoint some suitable person without regard to priorities. State v. Ross (A.), 420 S.W.2d 365.
Effective - 01 Jan 1981   473.113. Letters granted to others, when.  Letters may be granted at any time to any person deemed suitable if the persons entitled to preference file their renunciation thereof, in writing, with the clerk of the court. -------- (RSMo 1939  9, A.L. 1955 p. 385  61, A.L. 1980 S.B. 637)  Prior revisions: 1929  9; 1919  9; 1909  17  Effective 1-01-81 
Effective - 28 Aug 1987   473.117. Persons and corporations disqualified as personal representative  designation required  service of process, how made.  1. None of the following persons shall be appointed as a personal representative:  (1) No full-time judge of any court of this state or clerk, deputy clerk or division clerk of any court, but a judge, clerk, deputy clerk or division clerk may serve as a personal representative for a decedent who was a spouse or who was within the third degree of relationship by consanguinity or affinity as calculated according to the civil law;  (2) A person under the age of eighteen years or of unsound mind;  (3) A person who is under legal disability as a result of conviction of a crime;  (4) A habitual drunkard;  (5) Except as otherwise provided by section 362.600, a corporation, partnership or association organized under the law of a state or country other than the state of Missouri, or any United States national banking association having its principal place of business outside the state of Missouri;  (6) No personal representative of a personal representative, in consequence thereof, shall be a personal representative of the first decedent.  2. When any corporation is named as personal representative in any will hereafter executed, and qualifies as such, the presumption is that the will was not prepared by a salaried employee of such corporation. However, upon the application of any heir or devisee, made in the probate division of the circuit court of the county for the removal of such personal representative, said presumption may be rebutted by evidence satisfactory to the court hearing the application, unless the will or some codicil or certificate attached thereto contains a recital that at or before the execution of the will the testator had advice or counsel in relation thereto from someone not under salary from such corporation. In the absence of such recital, the court may on such application and upon satisfactory evidence that said will was prepared by a salaried employee of the corporation revoke the appointment of and remove such corporation as personal representative.  3. Before a nonresident of this state or a corporation organized under the laws of another state or country is issued letters testamentary or of administration he, she or it shall file in the probate division of the circuit court a designation, including the signature and address, of a resident of this state, or a corporation of this state authorized to administer trusts, as agent for the service of process on and the receipt of notice by such nonresident or foreign corporation. This designation shall be recited in the letters testamentary or of administration. Such a designation may be revoked only by a new designation of an agent for service and notice in this state, which shall be endorsed on the letters testamentary or of administration. By filing such designation, the nonresident submits personally to the jurisdiction of the court in all proceedings relating to the administration of the estate and to the performance of his fiduciary duties until discharged of those duties by the court.  4. Service of process may be made upon a personal representative who is a nonresident of this state, or a corporation organized under the laws of another state or country, by registered or certified mail, addressed to his, her or its last reasonably ascertainable address. Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon such a personal representative in the manner in which service could have been made under other laws of this state on either the personal representative or his decedent immediately prior to death. If service is made upon a personal representative as provided in this subsection, he shall be allowed at least thirty days within which to appear or respond. -------- (RSMo 1939  6, 10, A.L. 1955 p. 385  62, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1985 S.B. 35, et al., A.L. 1986 S.B. 787, A.L. 1987 H.B. 637)  Prior revisions: 1929  6, 10; 1919  6, 10; 1909  14, 18  (1987) This section does not permanently disqualify a person convicted of a felony from being appointed personal representative; rather the court in making the appointment is to consider whether such conviction is reasonably related to the competency of the individual to fulfill the duties of personal representative pursuant to the provisions of section 561.016. In Re Estate of Foxworth, 732 S.W.2d 931 (Mo.App.S.D.).
Effective - 02 Jan 1979   473.120. Form of letters testamentary.  Letters testamentary issued to executors may be in the following form:    County of ______ ss.   The state of Missouri to all persons to whom these presents shall come, greeting: Know ye, that the last will of ______, deceased, has, in due form of law, been exhibited, proved and recorded, and inasmuch as it appears that ______ has been appointed executor in and by the said last will to execute the same and to the end that the property of the testator may be preserved for those who appear to have a legal right or interest therein, and that the said last will may be executed according to the request of the testator, we do hereby authorize ______, as such executor, to take possession and control of all personal property, owned by the said ______ at the time of his death, except the exempt property of the surviving spouse or unmarried minor children, in whosesoever possession the same is found and to perform and fulfill all duties enjoined upon him by the will, so far as there shall be property and the law charges him, and in general to do and perform all other things which are required of him by law.   In testimony whereof, I, ______, clerk of the probate division of the circuit court in and for said county of ______, have hereunto signed my name and affixed the seal of said probate division, at office, this ______ day of ______, A.D. ______.     __________________      Clerk of the Probate Division   -------- (RSMo 1939  37, A.L. 1955 p. 385  63, A.L. 1978 H.B. 1634)  Prior revisions: 1929  37; 1919  36; 1909  44  Effective 1-02-79 
Effective - 02 Jan 1979   473.123. Form of letters of administration.  Letters of administration issued in this state may be in the following form:    County of ______ ss.   The state of Missouri to all persons to whom these presents shall come, greeting: Know ye, that whereas ______, late of the county of ______, died intestate, as it is said, having at the time of his death, property in this state, which may be lost, destroyed or diminished in value if speedy care be not taken of the same. To the end, therefore, that said property may be collected, preserved and disposed of according to law, we do hereby appoint ______ administrator of all personal property owned by ______ at the time of his death, except the exempt property of the surviving spouse or unmarried minor children, with full power and authority to secure and dispose of said property according to law, and collect all moneys due said decedent, and in general to do and perform all other acts and things which are required of him by law.   In testimony whereof, I ______, clerk of the probate division of the circuit court in and for the county of ______ aforesaid, have hereunto signed my name and affixed the seal of said probate division, at office, this ______ day of ______, A.D. 20______.     __________________      Clerk of the Probate Division   -------- (RSMo 1939  38, A.L. 1955 p. 385  64, A.L. 1978 H.B. 1634)  Prior revisions: 1929  38; 1919  37; 1909  45  Effective 1-02-79 
Effective - 02 Jan 1979   473.127. Letters c.t.a. and d.b.n., form.  In all cases where letters of administration with will annexed, letters of administration de bonis non, during minority or absence, are issued by the judge or clerk of the probate division, the same shall be issued in conformity to the foregoing forms, as near as may be, taking care to make the necessary variations, additions or omissions to suit each particular case. -------- (RSMo 1939  39, A.L. 1955 p. 385  65, A.L. 1978 H.B. 1634)  Prior revisions: 1929  39; 1919  38; 1909  46  Effective 1-02-79 
Effective - 28 Aug 1955   473.130. Letters or copies, evidence.  Letters or copies of the record thereof, duly certified under the seal of the proper court, shall be evidence. -------- (RSMo 1939  36, A.L. 1955 p. 385  66)  Prior revisions: 1929  36; 1919  35; 1909  43 
Effective - 28 Aug 1955   473.133. Administrator during minority or absence.  If the executor named in a will is a minor or absent from the state, letters may be granted, during the time of minority or absence, to some other person who shall take charge of the property and administer the same according to law, under the direction of the court. -------- (RSMo 1939  13, A.L. 1955 p. 385  67)  Prior revisions: 1929  13; 1919  13; 1909  21 
Effective - 02 Jan 1979   473.137. Administrator pending contest, appointed when  duties.  1. If the validity of a will is contested by any person who, after a hearing in the probate division, is found to be interested in the probate of the will, the court shall grant letters of administration to the executor named in the will, if he has no beneficial interest in the estate save the compensation allowed by law to executors, upon giving bond in such amount as the court may require.  2. If, after such hearing, it appears that the executor named in the will has an interest adverse to any such contestant of the will, the court may, in its discretion, grant letters of administration to some disinterested person or corporation, who shall give proper bond.  3. An administrator appointed pursuant to this section shall proceed with the administration of the estate until termination of the will contest, at which time he shall account to the executor or legal administrator when qualified, and, if it shall appear to the court that the decedent died possessed of real estate in the state, the court shall direct him to take charge of and manage such real estate until the termination of such will contest. -------- (RSMo 1939  14, A.L. 1955 p. 385  68, A.L. 1978 H.B. 1634)  Prior revision: 1929  14  Effective 1-02-79 
Effective - 28 Aug 1957   473.139. Resignation by executor or administrator, procedure, effect.  Upon petition of an executor or administrator, and after the filing of his final settlement as required by subdivision (3) of subsection 2 of section 473.540, the court, for good cause shown, may permit him to resign and upon accepting his resignation shall revoke his letters. The effect of the resignation and revocation is the same as in other cases of revocation of letters. The petition may be heard without notice or after giving notice to the persons and in the manner directed by the court. -------- (L. 1957 p. 829) 
Effective - 28 Aug 1983   473.140. Removal of personal representative.  If any personal representative becomes mentally incapacitated or is convicted of a felony or other infamous crime, or becomes an habitual drunkard, or in any manner incapable or unsuitable to execute the trust reposed in him, or fails to discharge his official duties, or wastes or mismanages the estate, or acts so as to endanger any corepresentative, or fails to answer any citation and attachment to make settlement, the court, upon its own motion, or upon complaint in writing made by any person interested supported by affidavit, after notice to the personal representative, and to the attorney of record, if any, of any personal representative who cannot be served with notice in this state, shall hear the matter and may revoke the letters granted. -------- (RSMo 1939  10, 43, A.L. 1955 p. 385  69, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  10, 43; 1919  10, 42; 1909  18, 50  (1962) Administrator was guilty of breach of trust and properly removed where estate was grossly mismanaged and could have been settled in 2 years but was delayed for 7 years, during which time only 3 settlements were filed though no extension of time was obtained. Credits were properly disallowed for expenses caused by administrator's mismanagement and delay. In re Alexander's Estate (Mo.), 360 S.W.2d 92. (1975) Moving to another state is not equivalent to becoming a "nonresident" absent intent to remain there. In re Estate of Ritter (A.), 518 S.W.2d 453.
Effective - 28 Aug 1955   473.143. Revocation of letters on finding will.  1. If, after letters of administration are granted, a will of the deceased is found, and probate thereof granted, the letters shall be revoked, and letters testamentary granted.  2. If a will is proved, and letters thereon granted, and the probate thereof is afterward set aside, the letters shall be revoked, and other letters granted of the goods unadministered. -------- (RSMo 1939  40, 41, A.L. 1955 p. 385  70)  Prior revisions: 1929  40, 41; 1919  39, 40; 1909  47, 48 
Effective - 28 Aug 1955   473.147. Administrator d.b.n., when appointed.  1. If all the executors or the administrator of an estate die or resign or their letters are revoked, letters of administration of the goods remaining unadministered shall be granted in the discretion of the court to any qualified beneficiary or beneficiaries mentioned in the will, if any, or to any person to whom administration could have been granted if original letters had not been obtained.  2. If, after final settlement of an estate is had and the executor or administrator has been discharged, unadministered assets of the estate are discovered, letters of administration of the goods remaining unadministered, if there are unpaid allowed claims or if other good cause is shown, may be granted to those to whom administration would have been granted if the original letters had not been obtained. Any person to whom such letters are granted shall make his final settlement and be discharged as soon as possible after letters are granted.  3. Any administrator appointed under this section shall perform like duties and incur like liabilities as a former executor or administrator. -------- (RSMo 1939  47, A.L. 1955 p. 385  71)  Prior revisions: 1929  47; 1919  46; 1909  54  (1977) Discovery of unadministered assets standing alone is not sufficient to bring about operation of the statute. Matter of the Estate of Waller (A.), 559 S.W.2d 312.
Effective - 28 Aug 1955   473.150. Remaining executor or administrator to continue.  If there is more than one executor of an estate, and the letters of part of them are revoked or surrendered, or part of them dies, those who remain shall discharge all the duties required by law respecting the estate, except that the court, if it finds same to be in the interests of the estate, may revoke the letters testamentary of the surviving executor, and issue letters of administration with the will annexed to the survivor and some other qualified person to whom administration could have been granted if original letters had not been issued. -------- (RSMo 1939  46, A.L. 1955 p. 385  72)  Prior revisions: 1929  46; 1919  45; 1909  53 
Effective - 28 Aug 1989   473.153. Compensation of personal representatives, accountants and attorneys.  1. If a testator by will makes provision for the compensation of his personal representative, that shall be allowed and taken as his full compensation unless he files in the court a written instrument renouncing all claim for the compensation provided by the will before qualifying as personal representative. When no compensation is provided in the will, or when there is no will, or when the personal representative renounces all claim to the compensation provided in the will, the compensation of the personal representative shall be determined pursuant to this section. When there is only one personal representative he shall be allowed as the minimum compensation for his services the following percentages of the value of the personal property administered and of the proceeds of all real property sold under order of the probate court:    On the first $ 5,000,  5 percent;     On the next 20,000,  4 percent;     On the next 75,000,  3 percent;     On the next 300,000,  2 3/4 percent;     On the next 600,000,  2 1/2 percent;     On all over 1,000,000,  2 percent.    In any case where reasonable compensation to the personal representative is in excess of the minimum provided in the above schedule, the court shall allow such additional compensation as will make the compensation of the personal representative reasonable and adequate. Performance by the personal representative of extraordinary services is not necessary to entitle him to such additional compensation. Such percentages shall be computed on the value of the personal property at the time of disbursement or distribution thereof, except that where it is necessary to allow compensation before the property is disbursed or distributed, or to allow compensation to a personal representative who has been succeeded by another personal representative, the court may determine the fair market value of property at the time of making the allowance and base such percentage thereon.  2. When there are two or more joint or successor personal representatives they shall be allowed in the aggregate reasonable compensation for their services, not exceeding twice the minimum provided for in the schedule set forth in subsection 1 of this section or five percent of the value of the personal property administered and of the proceeds of the real property sold under order of the probate division, whichever is less, except that this maximum limitation shall not apply if possession has been taken of real property pursuant to order of the probate division but such real property has not been sold under order of the probate division, or if extraordinary services have been performed. Where there are two or more joint or successor personal representatives the compensation allowed them shall be apportioned among them by the court according to the services actually rendered by each, or as they may agree.  3. Attorneys performing services for the estate at the instance of the personal representative shall be allowed out of the estate as the minimum compensation for their services sums equal to the percentages set forth in the schedule contained in subsection 1 of this section. In any case where reasonable compensation to the attorneys is in excess of the minimum provided in the schedule the court shall allow such additional compensation as will make the compensation of the attorneys reasonable and adequate. Performance by the attorneys of extraordinary services is not necessary to entitle them to such additional compensation. If the personal representative is an attorney, no allowance shall be made for legal services performed by him or at his instance unless such services are authorized by the will or by order of the court or are consented to by all heirs and devisees whose rights may be adversely affected by the allowance. In addition, when one member of a law firm or professional corporation serves as personal representative of the estate and another member of the same law firm or professional corporation serves as the attorney for the estate, only one fee as set forth in subsection 1 of this section shall be allowed.  4. A personal representative may employ independent accountants, certified public accountants, or tax specialists holding a valid permit to practice before the United States Treasury Department to assist him in filing estate tax returns, federal and state income tax returns, or establishing records of account and reporting on financial results in those estates requiring this service and such person shall be allowed reasonable compensation for such service as determined by the court. If the personal representative is a certified public accountant, tax specialist holding a valid permit to practice before the United States Treasury Department or an independent accountant, no allowance shall be made for accountant services performed by him or at his instance unless such services are authorized by will or by order of the court or are consented to by all heirs and devisees whose rights may be adversely affected by the allowance. In addition, when one member of an accounting firm or professional corporation serves as an accountant for the estate, only one fee as set forth in subsection 1 of this section will be allowed.  5. If the court finds that any accountant's services or actions in connection therewith are wrong, improper or injurious to the estate, no accountant fee whatsoever shall be allowed.  6. Compensation properly allowable hereunder may be allowed to personal representatives or attorneys upon final settlement, or partial compensation upon application therefor, at any time or times during administration. If the court finds that a personal representative has failed to discharge his duties as such in any respect it may deny him any compensation whatsoever or may reduce the compensation which would otherwise be allowed. If the court finds that any attorney's services or actions in connection therewith are wrong, improper or injurious to the estate, no attorney fee whatever shall be allowed.  7. No personal representative, other than one who is an attorney, may appear in court except by attorney, and such attorney may not be a salaried employee of the personal representative, but when the personal representative is an attorney, nothing herein shall prevent his being represented in court by a partner, associate or employee who is an attorney. Any personal representative may prepare and file his own inventories and settlements. -------- (L. 1955 p. 385  73, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1989 H.B. 145)  (1956) Attorneys for heirs in will contest, through whose efforts additional assets were brought into the estate, held not entitled to fee payable from the estate because prior statutes made no provision therefor. In re Estate of Foster v. Theis (A.), 290 S.W.2d 185. (1962) Administrator and attorneys were not entitled to fees where estate was grossly mismanaged, assets permitted to be wasted, proper accounts and records were not kept and acts amounted to breach of trust. In re Alexander's Estate (Mo.), 360 S.W.2d 92. (1969) Deduction allowed for the purpose of computing state inheritance taxes are to be computed on the valuation of the estate at death, and should not be computed on the basis of any increase in the value of the estate after death. Estate of Stevenson v. David (Mo.),447 S.W.2d 299. (1976) Where testator in will "gave" $15,000 to executor as compensation "in lieu of all statutory commission and compensations to which he might otherwise have been entitled", the difference between the statutory minimum fee and the $15,000 was taxable as a bequest, in absence of any findings as to what was reasonable compensation. Matter of Estate of Lamb (Mo.), 533 S.W.2d 560.
Effective - 28 Aug 1989   473.155. Compensation of accountants and attorneys (first class counties and St. Louis City).  1. In all counties of the first class and St. Louis City, other provisions of law notwithstanding, attorneys performing services for the estate at the instance of the personal representative shall be allowed out of the estate as the minimum compensation for their services sums equal to the percentages set forth in the schedule contained in subsection 1 of section 473.153. In any case where reasonable compensation to the attorneys is in excess of the minimum provided in the schedule the court shall allow such additional compensation as will make the compensation of the attorneys reasonable and adequate. Performance by the attorneys of extraordinary service is not necessary to entitle them to such additional compensation.  2. If the personal representative is an attorney, no allowance shall be made for legal services performed by him or at his instance unless such services are authorized by the will or by order of the court or are consented to by all heirs and devisees whose rights may be adversely affected by the allowance. In addition, when one member of a law firm or professional corporation serves as personal representative of the estate and another member of the same law firm or professional corporation serves as the attorney for the estate, only one fee as set forth in subsection 1 of section 473.153 shall be allowed.  3. A personal representative may employ independent accountants, certified public accountants, or tax specialists holding a valid permit to practice before the United States Treasury Department to assist him in filing estate tax returns, federal and state income tax returns, or establishing records of account and reporting on financial results in those estates requiring this service and such person shall be allowed reasonable compensation for such service as determined by the court. If the personal representative is a certified public accountant, tax specialist holding a valid permit to practice before the United States Treasury Department or an independent accountant, no allowance shall be made for accountant services performed by him or at his instance unless such services are authorized by will or by order of the court or are consented to by all heirs and devisees whose rights may be adversely affected by the allowance. In addition, when one member of an accounting firm or professional corporation serves as an accountant for the estate, only one fee as set forth in subsection 1 of this section will be allowed.  4. Nothing in subsection 2 of this section shall apply to attorneys employed by any duly elected public administrator who is an attorney. -------- (L. 1965 p. 634  1, 2, 3, A.L. 1980 S.B. 637, A.L. 1989 H.B. 145) 
Effective - 01 Jan 1981   473.157. Bond of personal representative  conditions of bond.  1. Except as provided in section 473.160, every personal representative, before entering upon the duties of his office, shall execute and file a bond, approved by the judge or the clerk, procured at the expense of the estate, with sufficient security, in an amount fixed by the judge or clerk for the protection of interested parties.  2. The condition of the bond shall be as follows:  "The condition of the bond is that if ______ personal representative of the estate of ______, deceased, shall faithfully administer said estate, account for, pay and deliver all money and property of said estate and perform all other things touching said administration required by law, or the order or decree of any court having jurisdiction, then the above bond to be void; otherwise to remain in full force." -------- (RSMo 1939  18, 19, A.L. 1955 p. 385  74, A.L. 1980 S.B. 637)  Prior revisions: 1929  18, 19; 1919  17, 19; 1909  25, 26  Effective 1-01-81 
Effective - 28 Aug 1985   473.160. Bond not required, when.  1. When, by the terms of the will, the testator expresses a wish that no bond be required of the personal representative, no bond shall be required unless the court, in its discretion, finds it proper to require it; but the court, in its discretion, may at any subsequent time require a bond to be given.  2. Any assets of an estate may be deposited at any time with a depositary upon such terms as may be prescribed by order of the court and the amount of the bond of the personal representative may be reduced in proportion to the value of the assets deposited. Such assets may not thereafter be withdrawn from deposit without an order of the court which may also require that an additional bond be filed and approved before the withdrawal.  3. No bond shall be required of any corporation which at the time of its appointment by the court as personal representative has a certificate of the director of finance of the state of Missouri that such corporation has complied with the provisions of section 362.590.  4. No bond shall be required if the court, upon good cause shown, finds that a bond is not required for the protection of interested parties. -------- (L. 1955 p. 385  75, A.L. 1971 S.B. 163, A.L. 1980 S.B. 637, A.L. 1985 S.B. 35, et al.) 
Effective - 28 Aug 1955   473.163. Agreements with surety as to deposit of assets.  It is lawful for the executor or administrator to agree with his surety for the deposit of any or all moneys and other assets of the estate with a bank, safe deposit or trust company, authorized by law to do business as such, or other depositary approved by the court, if such deposit is otherwise proper, in such manner as to prevent the withdrawal of the moneys or other assets without the written consent of the surety, or on order of the court made on such notice to the surety as the court may direct. -------- (L. 1955 p. 385  76) 
Effective - 28 Aug 1955   473.167. Execution of bond.  Each bond shall be signed by the executor or administrator and his surety and shall be acknowledged before the judge or clerk or before some officer authorized to take acknowledgments of deeds and a certificate of the acknowledgment shall be endorsed thereon. -------- (RSMo 1939  22, A.L. 1955 p. 385  77)  Prior revisions: 1929  22; 1919  21; 1909  29 
Effective - 28 Aug 1955   473.170. Obligees of bond  liability of surety.  The bond of the executor or administrator shall run to the state of Missouri to the use of all persons interested in the estate and shall be for the security and benefit of such persons. The sureties shall be jointly and severally liable with the executor or administrator and with each other. -------- (L. 1955 p. 385  78) 
Effective - 28 Aug 1955   473.173. Bond of joint executors or administrators.  When two or more persons are appointed executors or administrators of the same estate and are required to give a bond, the court may require either a separate bond from each or one bond from all of them, and none shall act or intermeddle in the estate except those giving bond as required by the court. -------- (L. 1955 p. 385  79) 
Effective - 28 Aug 1955   473.177. Affidavit of personal sureties.  Each personal surety shall execute and file with the court an affidavit that he owns property subject to execution, of a value over and above his liabilities, equal to the amount of the bond, and shall include in such affidavit the total amount of his obligations as surety on other official or statutory bonds. The affidavit shall be attached to and kept with the bond in the files of the court. -------- (L. 1955 p. 385  80) 
Effective - 28 Aug 1955   473.180. Persons not acceptable as sureties.  No judge of probate, sheriff, marshal, clerk of a court, or deputy of either, and no attorney at law, shall be taken as surety for any executor or administrator. -------- (RSMo 1939  21, A.L. 1955 p. 385  81)  Prior revisions: 1929  21; 1919  20; 1909  28 
Effective - 28 Aug 1955   473.183. Approval of bond.  The judge or clerk shall examine and approve or reject the bond of each executor or administrator and the approval or rejection thereof shall be endorsed thereon and entered on the records of the court. In the case of personal sureties, the judge or clerk shall take special care to accept as sureties, only those who are solvent and sufficient and who are not bound in too many other bonds. Before giving approval, the judge or clerk may take testimony or examine on oath the applicant or persons offered as his sureties as to the value and character of the assets of the personal surety. If the bond is rejected the executor or administrator, within such time as the judge, or in his absence, the clerk directs, shall give a bond with satisfactory sureties. -------- (RSMo 1939  22, 24, 25, A.L. 1955 p. 385  82)  Prior revisions: 1929  22, 24, 25; 1919  21, 23, 24; 1909  29, 31, 32 
Effective - 28 Aug 1955   473.187. Bond valid though rejected.  Any bond taken by the clerk is valid until a new bond is given, notwithstanding its subsequent rejection by the court. -------- (RSMo 1939  26, A.L. 1955 p. 385  83)  Prior revisions: 1929  26; 1919  25; 1909  33 
Effective - 28 Aug 1955   473.190. Sufficiency of bond to be shown on settlements.  Whenever a final settlement is not made within one year, the court, before extending the time for making such settlement and before approving any annual settlement thereafter made, shall require the executor or administrator to establish the sufficiency of his bond and if the court has reason to believe that any surety thereon has become a nonresident of the state or has died or become insolvent or if, for any reason, the bond appears insufficient the court shall direct the executor or administrator to give new or additional security. -------- (RSMo 1939  22, A.L. 1955 p. 385  84)  Prior revisions: 1929  22; 1919  21; 1909  29 
Effective - 28 Aug 1955   473.193. Inquiry into condition of sureties  order for new bond.  If the judge has reasonable grounds to believe that a surety on the bond of any executor or administrator has died, removed from the state or is or likely to become insolvent or that the principal on the bond is likely to become insolvent or is wasting the estate or that the bond was not taken according to law, he at any time, either on his own motion or on the motion of an interested party, including a surety, may set a time and place for examination into the matters and shall give notice thereof to the principal in the bond. The court, after such hearing, may direct the executor or administrator to give another bond. -------- (RSMo 1939  27, 28, 29, 32, A.L. 1955 p. 385  85)  Prior revisions: 1929  27, 28, 29, 32; 1919  26, 27, 28, 31; 1909  34, 35, 36, 39 
Effective - 01 Jan 1981   473.197. Court may require, increase or decrease bond, when.  The court may require bond, or increase or decrease the amount of the bond of the personal representative when good cause therefor appears. The clerk shall inquire into the adequacy of the bond upon the filing of an inventory, appraisement or settlement or when real estate is sold, mortgaged, leased or taken possession of under order of court and, if the bond is found to be in an amount in excess of or less than that last fixed under section 473.157, the court shall enter an order requiring an additional bond or reducing the penalty of the existing bond. -------- (L. 1955 p. 385  86, A.L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1955   473.200. Letters revoked on failure to give bond.  If an executor or administrator fails to give a bond as required by the court, within the time fixed by the court, his letters shall be revoked. -------- (RSMo 1939  31, 32, A.L. 1955 p. 385  87)  Prior revisions: 1929  31, 32; 1919  30, 31; 1909  38, 39 
Effective - 28 Aug 1955   473.203. Effect of new bond.  Any bond given to replace a former bond, when given and approved, discharges the former sureties from any liabilities arising from any misconduct of the principal after the filing of same, and the former sureties are only liable for misconduct which happened prior to the giving of the new bond. The executor or administrator shall be required to file an account of his administration to the date of the new bond. The new bond binds the sureties thereon with respect to acts and omissions of the executor or administrator from the time when the sureties on the original bond are no longer liable therefor, or from such prior time as the court directs. -------- (RSMo 1939  30, A.L. 1955 p. 385  88)  Prior revisions: 1929  30; 1919  29; 1909  37 
Effective - 01 Jan 1981   473.207. Execution of bond deemed appearance by surety  procedure on breach of obligation of bond.  1. The execution of the bond of a personal representative is deemed an appearance by the surety in the proceeding for the administration of the estate including all hearings with respect to the bond.  2. On breach of the obligation of the bond of the personal representative, the court, after notice to the obligors in the bond and to such other persons as the court directs, may summarily determine the damages as a part of the proceeding for the administration of the estate, and by appropriate process enforce the collection thereof from those liable on the bond. The determination and enforcement may be made by the court upon its own motion or upon application of a successor personal representative, or of any other personal representative, or of any other interested person. The court may hear the application at the time of settling the accounts of the defaulting personal representative or at such other time as the court may direct. Damages shall be assessed on behalf of all interested persons and may be paid over to the successor or other nondefaulting personal representative and distributed as other assets held by the personal representative in his official capacity.  3. If the court has already determined the liability of the personal representative, a surety shall not be permitted thereafter to deny liability in any action or hearing to determine their liability; but the surety may intervene in any hearing to determine the liability of the personal representative.  4. The provisions of subsections 1, 2, and 3 of this section shall apply to a depositary which has executed a certification pursuant to section 473.160.  5. In assessing damages pursuant to this section, the court may apportion the losses sustained between the depositary and the obligors on the bond of the personal representative on the following basis:  (1) Those damages sustained as a result of the failure of the depositary to hold the assets delivered to it in restricted custody shall be assessed against the depositary and the personal representative, together with that proportion of the consequential damages determined to have resulted by reason of such failure;  (2) All other damages sustained as a result of the breach of the obligation of the bond shall be assessed against the obligors on the bond. -------- (L. 1955 p. 385  89, A.L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1955   473.210. Successor may sue on bond.  The succeeding administrator, or remaining executor or administrator, may proceed in any court having jurisdiction in civil actions against an executor or administrator and his sureties, or either of them or against any other person possessed of any part of the estate. -------- (RSMo 1939  55, A.L. 1955 p. 385  90)  Prior revisions: 1929  55; 1919  54; 1909  62 
Effective - 23 May 1996   473.213. Limitations on suits.  Proceedings upon the bond of a personal representative shall not be brought subsequent to one year after the personal representative's discharge. -------- (L. 1955 p. 385  91, A.L. 1996 S.B. 494)  Effective 5-23-96  (1963) In suit for accounting brought by heir at law against originally appointed administratrix, the succeeding administrator de bonis non, and the surety on bond of administratrix, statute of limitations, applicable would be section 516.120(5) rather than section 473.213 since the suit appeared to be action for relief on ground of fraud and not a suit on the surety bond. Stark v. Cole (A.), 373 S.W.2d 473.
Effective - 28 Aug 1955   473.217. Action on bond generally.  The bond of an executor or administrator may be sued on at the instance of any party injured, in the name of the state, to the use of such party, for waste or mismanagement of the estate, or other breach of the conditions of the bond; and damages shall be assessed thereon as on bonds with collateral conditions. -------- (RSMo 1939  281, A.L. 1955 p. 385  92)  Prior revisions: 1929  282; 1919  280; 1909  287  (1963) Suit for accounting by heir at law against originally appointed administratrix, the succeeding administrator de bonis non, surety on bond of administratrix was properly brought in heir's own name since plaintiff's case was bottomed on allegations of fraud occurring after the surety had performed its obligation under the bond by paying sum to the estate and cause of action was one personal to plaintiff. Stark v. Cole (A.), 373 S.W.2d 473.
Effective - 02 Jan 1979   473.220. Inventory and appraisement.  Within thirty days after letters are granted on the estate of a deceased member of any partnership, the surviving partner or partners shall file a verified inventory of the partnership in the probate division in which letters are issued on the estate, to be a part of the court records of the administration of the decedent's estate. If no letters are issued on the decedent's estate in this state the surviving partners shall file the inventory within sixty days after the death of a partner in the probate division of the circuit court of the county of which the decedent was a resident at the time of his death or, if a nonresident, in the probate division of the circuit court of the county in which the partnership had its principal business office in this state, the inventory to be indexed under the name of the deceased partner and also the name of the partnership and to be a part of the court records of the administration of the partnership. The inventory shall state the proportionate share of the deceased partner, the aggregate value of the assets of the partnership and the aggregate of its liabilities, but no detailed list of assets or liabilities is required unless ordered by the court. Upon the verified petition of any interested party or on its own motion the court, in its discretion, may order the surviving partners to file a detailed list of assets and liabilities of the partnership and it also may order that the assets of the partnership be appraised as provided by law for the appraisal of the assets of a decedent. On the request of any surviving partner, the court may issue a certificate reciting that he has filed an inventory of the assets of the partnership in accordance with this section and that he will be held to account to the executor or administrator of the estate of the decedent in accordance with the Uniform Partnership Law. -------- (L. 1955 p. 385  93, A.L. 1957 p. 829, A.L. 1978 H.B. 1634)  Effective 1-02-79 
Effective - 02 Jan 1979   473.223. Settlement.  The surviving partner may continue in possession of the partnership estate, pay its debts, and settle its business, shall account to the executor or administrator of the estate of the decedent, and shall pay over such balances as from time to time are payable to him. Upon the verified petition of the executor or administrator or on its own motion the probate division whenever it appears necessary may order the surviving partner to account to the court. -------- (L. 1955 p. 385  94, A.L. 1978 H.B. 1634)  Effective 1-02-79 
Effective - 02 Jan 1979   473.227. Security.  If the surviving partner commits waste or if it appears to the court that it is for the best interest of the estate of the decedent, the probate division may order the surviving partner to give security for the faithful settlement of the partnership affairs and the payment to the executor or administrator of any amount due the estate. -------- (L. 1955 p. 385  95, A.L. 1978 H.B. 1634)  Effective 1-02-79 
Effective - 02 Jan 1979   473.230. Citation of partner.  If the surviving partner fails or refuses to file the inventory, list of liabilities, or appraisal or it appears proper to order the surviving partner to account to the probate division or to file a bond, the court shall order a citation to issue requiring the surviving partner to appear and show cause why he has not filed an inventory, list of liabilities, or appraisal or why he should not account to the court or file a bond. The citation shall be served not less than ten days before the return day designated therein and shall be served and returned in the manner provided for summons in civil cases. If the surviving partner neglects or refuses to file an inventory, list of liabilities, or appraisal or fails to account to the court or to file a bond, after he has been directed to do so, the court may commit him to jail until he complies with the order of the court. Where the surviving partner fails to file a bond after being ordered to do so by the court, the court may also appoint a receiver of the partnership estate with like powers and duties of receivers in chancery, and order the costs and expenses of the proceedings to be paid out of the partnership estate or out of the estate of decedent, or by the surviving partner personally or partly by each of the parties. -------- (L. 1955 p. 385  96, A.L. 1978 H.B. 1634)  Effective 1-02-79 
Effective - 23 May 1996   473.233. Inventory and appraisement  classification of property.  1. Within thirty days after letters are granted, unless a longer time is granted by the court, the personal representative shall make and return an inventory and appraisement, in one written instrument, of all of the property of the decedent, including exempt property, which comes to his possession or knowledge, a statement of all encumbrances, liens, and other charges on any item, and all other property possessed by decedent at the time of his death. The property shall be classified therein as follows:  (1) Real property, with plat or survey description and the street address or approximate direction and distance from any city or town, and the popular name thereof, if any;  (2) Furniture, household goods, and wearing apparel, but no detailed appraisement or listing of the items thereof is required;  (3) Corporate stocks described by name, number of shares, class of stock;  (4) Mortgages, bonds, notes, and other written evidences of debt, together with interest due thereon, described by name of debtor, recording data, and other identification;  (5) Bank accounts, insurance policies payable to the personal representative, and money;  (6) All other personal property accurately identified, including a statement of the decedent's proportionate share in any partnership and of its net value as shown in the inventory required by section 473.220. No detailed appraisement or listing of the assets of the partnership property is required in the inventory filed by the personal representative;  (7) All property possessed but not owned by the decedent at his death shall be listed in the inventory, but separately from other property, together with a statement as to the knowledge of the personal representative as to its ownership.  2. At any time when it appears necessary, the judge or clerk may authorize the personal representative to employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value, as of the date of the decedent's death, of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The name and address of any appraiser shall be indicated on the inventory with the item or items he appraised. -------- (L. 1955 p. 385  97, A.L. 1957 p. 829, A.L. 1959 S.B. 141, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1996 S.B. 494 merged with S.B. 869)  Effective 5-23-96 (S.B. 494); 8-28-96 (S.B. 869) 
Effective - 28 Aug 1959   473.237. Affidavit to inventory.  The administrator or executor and appraisers shall annex to the inventory and appraisement an affidavit stating that it is a full inventory and description of all the property of the decedent which has come into the possession or knowledge of the executor or administrator, and of the property in the possession of the decedent at his death, as far as they know, and an appraisement of all the property subject to appraisement. The executor or administrator shall make an additional affidavit stating that he was not in debt or bound in any contract to the decedent at the time of his death, except as stated in the inventory and appraisement. The administrator or executor has power to administer the oaths for the affidavits required by this section and section 473.233. -------- (RSMo 1939  59, A.L. 1955 p. 385  98, A.L. 1957 p. 829, A.L. 1959 S.B. 141)  Prior revisions: 1929  59; 1919  58; 1909  66 
Effective - 28 Aug 1955   473.240. Additional inventory.  If, after making the first inventory and appraisement, any other real or personal estate of the deceased comes to the possession or knowledge of the executor or administrator, he shall file a similar additional inventory and appraisement thereof. -------- (RSMo 1939  60, A.L. 1955 p. 385  99)  Prior revisions: 1929  60; 1919  59; 1909  67 
Effective - 28 Aug 1955   473.243. Compensation of appraisers.  The court shall make a reasonable allowance to each appraiser for his compensation, taking into consideration the amount and character of the services rendered by each, and his reasonable travel and other expenses. -------- (L. 1955 p. 385  100) 
Effective - 28 Aug 1955   473.247. Debt of executor not discharged.  If any person appoints his debtor executor of his will, the appointment does not discharge the debt, but the debt constitutes an asset in his hands. -------- (RSMo 1939  101, A.L. 1955 p. 385  101)  Prior revisions: 1929  101; 1919  100; 1909  108 
Effective - 28 Aug 1955   473.250. Debt of administrator, assets.  All debts due by an administrator to his testator or intestate are considered assets in his hands. -------- (RSMo 1939  100, A.L. 1955 p. 385  102)  Prior revisions: 1929  100; 1919  99; 1909  107 
Effective - 28 Aug 1955   473.253. Inventory as evidence.  Inventories and appraisements may be given in evidence, but are not conclusive for or against any executor or administrator, but other evidence may be introduced to vary the effect thereof. -------- (RSMo 1939  74, A.L. 1955 p. 385  103)  Prior revisions: 1929  74; 1919  73; 1909  81 
Effective - 28 Aug 1955   473.260. Devolution of estate at death.  When a person dies, his real and personal property, except exempt property, passes to the persons to whom it is devised by his last will, or, in the absence of such disposition, to the persons who succeed to his estate as his heirs; but it is subject to the possession of the executor or administrator and to the election of the surviving spouse and is chargeable with the expenses of administering the estate, the payment of other claims and allowances to the family, except as otherwise provided in this law. -------- (L. 1955 p. 385  105) 
Effective - 28 Aug 1955   473.263. Possession of assets.  1. Every executor or administrator has a right to and shall take possession of all the personal property of the decedent except exempt property of the surviving spouse and unmarried minor children, and administer it in accordance with this law.  2. The court, on its own motion or on the motion of any interested person, may order the executor or administrator to take possession of the real estate of the decedent when necessary for the payment of claims or for the preservation thereof. When ordered to take possession of real estate, the executor or administrator shall pay the taxes and collect the rents and earnings thereon until the estate is settled or until delivered by order of the court to the distributees. He may rent the real property of the estate for a period not exceeding one year. He shall keep in tenantable repair the buildings and fixtures under his control and may protect the same by insurance. He may maintain an action for the possession of the real property or to determine the title to the same. -------- (L. 1955 p. 385  106)  CROSS REFERENCES:  Exempt property and allowances to surviving spouse and children, 474.250 to 474.280  Uniform act for simplification of fiduciary security transfers, Chap. 403 (1962) Administrator was properly refused credit for expenses of operation of deceased's farm where he had not sought or obtained an order from the probate court authorizing him to do so. In re Alexander's Estate (Mo.), 360 S.W.2d 92. 
Effective - 28 Aug 1955   473.267. Assets for payment of claims.  The real and personal property liable for the payment of claims includes all property transferred by the decedent with intent to defraud his creditors or any of them, or transferred by any other means which is in law void as against his creditors or any of them, and the executor or administrator may recover the property, so far as necessary for the payment of claims, and take such steps as are necessary to recover the same. Property recovered by the executor or administrator constitutes general assets for the payment of all creditors; but no property so transferred shall be taken from anyone who purchased it for a valuable consideration, in good faith and without actual or constructive knowledge of the fraud. -------- (L. 1955 p. 385  107) 
Effective - 28 Aug 1955   473.270. Collection of debts, prosecution and defense of suits.  Executors and administrators shall collect all money and debts of every kind due to the decedent, and give receipts and discharges therefor, and shall commence and prosecute all actions which may be maintained and are necessary in the course of his administration, and defend all actions brought against him. -------- (RSMo 1939  94, A.L. 1955 p. 385  108)  Prior revisions: 1929  94; 1919  93; 1909  101  CROSS REFERENCES:  Administrator of deceased life tenant to collect rents due deceased, remedy, RSMo 441.160, 441.170  Execution ordered by administrator d.b.n., when, RSMo 513.080  (1956) Administrator was entitled to intervene and recover surplus proceeds arising from mortgage foreclosure sale of his decedent's land, as against purchaser from heir who contended administrator had no right to real estate. Trenton Motor Co. v. Watkins (A.), 291 S.W.2d 659.
Effective - 28 Aug 1955   473.273. Actions instituted by or against decedent, duties.  Executors and administrators shall prosecute and defend all actions commenced by or against the decedent during his lifetime which are maintainable by or against the executor or administrator. -------- (RSMo 1939  97, A.L. 1955 p. 385  109)  Prior revisions: 1929  97; 1919  96; 1909  104 
Effective - 28 Aug 1955   473.277. Compromise of debts due estate.  When it appears for the best interest of the estate, the executor or administrator, on order of the court, may effect a fair and reasonable compromise with any debtor or other obligor, or extend, renew or in any manner modify the terms of any obligation owing to the estate. If the executor or administrator holds a mortgage, pledge or other lien upon property of another person, he may accept, in lieu of foreclosure, a conveyance or transfer of the encumbered assets from the owner thereof in satisfaction of the indebtedness secured by the lien, if it appears for the best interest of the estate and if the court so orders. In the absence of prior authorization or subsequent approval of the court, no compromise binds the estate. -------- (L. 1955 p. 385  110) 
Effective - 28 Aug 1955   473.280. Purchase at foreclosure of mortgage held by estate.  Whenever any note, bond, account, or other indebtedness belonging to the estate of any decedent is secured by mortgage, deed of trust, vendor's lien or other lien on any property, and the same is due and unpaid, the administrator or executor of the estate, under the order of the court, may purchase the property at the sale made under the mortgage, deed of trust or other lien, at a price not exceeding the amount due the estate on the note, bond, account or other indebtedness. -------- (RSMo 1939  95, A.L. 1955 p. 385  111)  Prior revisions: 1929  95; 1919  94; 1909  102 
Effective - 28 Aug 1955   473.283. Title to real estate, how taken on such purchase  how administered.  1. Where real estate is acquired under either section 473.277 or 473.280, the conveyance thereof shall be made to the executor or administrator who holds it in trust for the same persons, whether creditors, heirs or legatees, who would be entitled to the proceeds of the mortgage if the premises had been redeemed; but if it appears to the court that the property is not required for the payment of debts, legacies or family allowances, the court shall direct that the deed be made so as to effect a conveyance to the heirs or devisees of the decedent.  2. Any real estate acquired by an executor or administrator under section 473.277 or 473.280 constitutes assets in his hands, and shall be administered and accounted for as such, and may be leased or sold for the payment of debts in the same manner as any real estate of which the decedent died seized, but the sale thereof shall be made upon the order of the court and upon the petition filed as provided for by law in other cases. -------- (RSMo 1939  95, 96, A.L. 1955 p. 385  112)  Prior revisions: 1929  95, 96; 1919  94, 95; 1909  102, 103 
Effective - 28 Aug 1957   473.287. Encumbered property to be redeemed, when.  1. If any person dies leaving real or personal property encumbered by mortgage, deed of trust, pledge, or other lien, or owning any equity of redemption, the court, in accordance with the provisions of this subsection, may order the executor or administrator to redeem the same, in whole or in part, out of other personal assets of the estate, or may order the executor or administrator to sell other real estate or to mortgage or pledge real or personal property of the estate in his hands for the purpose of raising money for such redemption. If there is a will section 473.620 applies with respect to the application or use of the property for the redemption. When not prejudicial to the rights of creditors, the court may order redemption, if it finds:  (1) The property is not specifically devised by a will and redemption will promote the interests of the estate and upon payment of the secured debt the security will become an asset of the estate; or  (2) The will of the decedent, either by express provision or clear implication, shows that the decedent intended that the secured debt, in the event of his death, should be paid out of other assets of his estate and the security exonerated from the lien of the debt; or  (3) From the terms of the loan or mortgage agreement or from the circumstances surrounding the loan or mortgage transaction, that decedent, whether testate or intestate, intended that the debt, in the event of his death, should be paid out of the other assets of the estate and that the security should be thereby exonerated from the lien of the debt.  2. No redemption of property securing an obligation which is not due shall be compelled under this section without the consent of the holder of the secured debt unless a claim is filed thereon or the instrument creating the obligation permits redemption.  3. The court may order all of the right, title and interest of the deceased in the security to be sold for the same purposes and under the same conditions and procedure as is provided in this law for sales of other property of the decedent. -------- (L. 1955 p. 385  113, A.L. 1957 p. 829)  Prior revisions: 1929  139; 1919  138; 1909  147  CROSS REFERENCE:  Foreclosure of mortgages stayed by death of mortgagor, 443.300 
Effective - 28 Aug 1963   473.290. Payment of debt of decedent secured by property of another  procedure.  When any indebtedness of a decedent is secured by mortgage, pledge or other lien on property which is owned by another or which, on the death of the decedent, becomes the exclusive property of another, but is not subject to administration, the indebtedness shall be allowed and paid as other claims against the estate of the decedent unless it appears to the court that (1) the mortgage, pledge or lien was given to secure payment of the purchase price of the encumbered property or of an obligation incurred in connection with the improvement of the property, or (2) the decedent did not actually receive a substantial consideration in the transaction in which the indebtedness arose, or (3) the decedent had exclusive ownership and control of the property during his lifetime and it appears from the loan or mortgage agreement or circumstances surrounding the transaction giving rise to the mortgage, pledge or lien that decedent intended that the security should be exhausted in case of his death before any payment thereon is made from his estate. If the holder of the secured debt does not institute proceedings for the allowance and payment thereof against the estate of the decedent within three months after publication of notice of letters, then before the time for filing of claims expires the owner of any property given as security for an indebtedness under circumstances described in this section may petition the court for such orders as are necessary for the protection of his rights and for the allowance of so much of the indebtedness against the estate as will be sufficient to exonerate the security. Notice of hearing on the petition shall be given to the executor or administrator and to the holder of the indebtedness. After hearing the court may make such order in the premises as may be necessary to preserve the rights of the parties, including, if proper, an allowance of the claim against the estate. -------- (L. 1955 p. 385  114, A.L. 1963 p. 655) 
Effective - 01 Jan 1981   473.293. Disposition of valueless or encumbered property.  When any personal or real property is valueless, or is so encumbered, or is in such condition that it is of no benefit to the estate, the court may by order authorize the personal representative to make such disposition thereof as the court may find to be appropriate, including, where appropriate, the immediate distribution thereof to the heirs or legatees, the abandonment, giving away or destruction thereof, the relinquishment of all interest of the estate therein, or such other disposition as may be appropriate in the circumstances. -------- (L. 1955 p. 385  115, A.L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1955   473.297. Expenditures for preservation of property.  When any property of an estate is in such condition as to be in imminent danger of loss or destruction or loss in value, the executor or administrator may make such expenditures as are reasonably and prudently required to avoid such loss, destruction, or loss in value until he can obtain consideration of the matter by the court, and on approval of the court such expenditures shall be allowed as expenses of administration. The court may by order authorize such further expenditures to prevent loss, destruction or loss in value as the interest of the estate requires, and shall allow them as expenses of administration. -------- (RSMo 1939  102, 103, A.L. 1955 p. 385  116)  Prior revisions: 1929  102, 103; 1919  101, 102; 1909  109, 110 
Effective - 28 Aug 1955   473.300. Continuation of business of decedent.  Upon a showing of advantage to the estate, the court may authorize the executor or administrator to continue any business of the decedent for the benefit of the estate; but if the decedent died testate and his estate is solvent, the order of the court is subject to the provisions of the will. The order may be with or without notice. If notice is not given to all interested persons before the order is made, the court shall promptly require the giving of notice to such interested persons as have not been previously notified to the effect that such order has been made and that they will have opportunity to show cause why it should not be set aside or modified. The order may provide:  (1) For the conduct of the business solely by the executor or administrator, or as a corporation to be formed by the executor or administrator, or for the participation as a partner by the executor or administrator in a business in which the decedent was a partner, subject to applicable provisions of law and the agreement of the other person or persons continuing such business as partners;  (2) The extent of the liability of the estate, or any part thereof, or of the executor or administrator, for obligations incurred in the continuation of the business;  (3) As to whether liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate set aside for use in the business or to the estate as a whole; and  (4) As to the period of time for which the business may be conducted, and such other conditions, restrictions, regulations and requirements as the court orders. -------- (L. 1955 p. 385  117) 
Effective - 01 Jan 1981   473.303. Specific execution of contract of decedent  petition.  1. If a decedent entered into a contract, specifically enforceable in equity, and did not execute the same in his lifetime, nor give power by will to execute the same, the other party, wishing specific execution of the contract, or the personal representative of the decedent, may present a verified petition to the court, setting forth the facts and stating that no part of the contract has been satisfied except as set forth, and praying that an order be made that the personal representative execute such contract specifically, by executing a deed for the same.  2. If the other party to the contract with the decedent is his personal representative, the personal representative may proceed against his copersonal representative, if any, in the same manner as prescribed by this law in other cases; but if there is no copersonal representative and he files the petition, the court shall appoint some suitable person as administrator ad litem who has the same powers and shall perform the same duties required of personal representative in such cases by this law. -------- (RSMo 1939  168, 169, 176, A.L. 1955 p. 385  118, A.L. 1980 S.B. 637)  Prior revisions: 1929  169, 170, 177; 1919  168, 169, 176; 1909  177, 178, 185  Effective 1-01-81 
Effective - 02 Jan 1979   473.307. Notice  hearing  intervention.  Upon the filing of a petition for specific execution of the contract, the court shall fix the time and place for hearing thereon. Notice of the filing of the petition and of the time and place of hearing thereon, together with a copy of the petition, shall be served on the executor or administrator twenty days before the date of the hearing. The court may order notice of the filing of the petition and of the time and place of hearing to be served by registered mail on the interested heirs or devisees whose addresses appear in the court's file and records in the estate. Any interested heir or devisee may appear and intervene, upon written application to intervene filed prior to the time of the hearing. -------- (RSMo 1939  170, A.L. 1955 p. 385  119, A.L. 1957 p. 829, A.L. 1978 H.B. 1634)  Prior revisions: 1929  171; 1919  170; 1909  179  Effective 1-02-79 
Effective - 28 Aug 1983   473.310. Specific execution of contract of decedent, court order  warranties  conveyance or lease under will.  1. If the court, after hearing all parties, believes that specific execution of such contract ought to be made, it shall make an order that the personal representative execute and deliver an instrument of conveyance to the person entitled thereto upon performance of the contract.  2. The deed of conveyance shall refer in apt and appropriate terms to the order of court under which it is made, shall convey the property according to the order and shall be acknowledged by the personal representative. If the contract for a conveyance requires the giving of warranties, the deed to be given by the personal representative shall contain the warranties required. Such warranties shall be binding on the estate as though made by the decedent but shall not bind the personal representative personally.  3. If a personal representative has been given power by will to make a conveyance or lease, he may execute, in lieu of the foregoing procedure, and without order of the court, a conveyance or lease to the person entitled thereto upon performance of the contract.  4. The deed made under this section is as effectual as if it had been executed by the decedent. -------- (RSMo 1939  171, 172, 173, A.L. 1955 p. 385  120, A.L. 1980 S.B. 637, A.L. 1983 H.B. 369)  Prior revisions: 1929  172, 173, 174; 1919  171, 172, 173; 1909  180, 181, 182 
Effective - 02 Jan 1979   473.313. Action for specific performance  proceedings in probate division of circuit court.  A party entitled to specific execution of a contract for the conveyance of real estate shall proceed in the probate division of the circuit court under sections 473.303 and 473.307. -------- (L. 1955 p. 385  120, A.L. 1957 p. 829, A.L. 1978 H.B. 1634)  Effective 1-02-79 
Effective - 28 Aug 1955   473.317. Completion of contracts to purchase property  exercise of options.  1. If any person dies having purchased real or personal property, and has not completed the payment therefor, nor provided for its payment by will, the court may order the completion of payment upon the same findings and conditions as are required by section 473.287 for the redemption of security for the decedent's debt. The court may, after notice to interested parties, order relinquishment, compromise or transfer of all such rights, title, and interest of the decedent in the property on such terms as the court finds to be for the benefit of the estate. This section shall not be construed to restrict any rights of the seller of the property.  2. If any person dies owning an option to purchase real or personal property, and it is to the advantage of the estate and will not be prejudicial to creditors or to specific devisees that such option be exercised, the court may by order authorize the exercise of the option by the executor or administrator and the payment by the executor or administrator of the purchase price. -------- (L. 1955 p. 385  121) 
Effective - 28 Aug 1955   473.320. Interest may be sold, when.  If the court believes that, after payment of claims, there will not be sufficient assets to pay for the real or personal property referred to in section 473.317, it may order the executor or administrator to sell all the right, title and interest of the decedent therein, including all right of the decedent to any option to purchase the real or personal property. -------- (RSMo 1939  134, A.L. 1955 p. 385  122)  Prior revisions: 1929  135; 1919  134; 1909  143 
Effective - 28 Aug 1955   473.323. Interest relinquished to vendor, when.  If the real or personal property referred to in section 473.317 has been purchased from any person, or if an option for its purchase has been obtained from any person, the court, if considered advantageous to the estate, may order the same relinquished to such person on the best terms that can be agreed upon. -------- (RSMo 1939  135, A.L. 1955 p. 385  123)  Prior revisions: 1929  136; 1919  135; 1909  144 
Effective - 28 Aug 1955   473.327. Procedure in case of sale of school lands.  If any real estate referred to in subsection 1 of section 473.317 has been purchased from any officer authorized by law to sell school lands, the court may order the same relinquished; and in such cases the officers may accept the relinquishment and surrender the obligation of the decedent. -------- (RSMo 1939  136, A.L. 1955 p. 385  124)  Prior revisions: 1929  137; 1919  136; 1909  145 
Effective - 28 Aug 1955   473.330. Conveyances, how made  procedure.  In all cases of relinquishment of the interest of a decedent in real estate under sections 473.323 and 473.327 and in all cases of the sale of the interest of a decedent in real estate under sections 473.287 and 473.320, the executor or administrator may make the relinquishments by deed or may convey to the purchaser all the right, title and interest the testator or intestate had in and to the real estate at the time of his death. Before any relinquishment or sale referred to in this section is ordered by the court, the executor or administrator shall proceed on petition and notice the same as is required by this law for proceedings to sell real estate to pay debts for other purposes. -------- (RSMo 1939  137, A.L. 1955 p. 385  125)  Prior revisions: 1929  138; 1919  137; 1909  146 
Effective - 28 Aug 2009, 2 histories   473.333. Investment of liquid assets.  Except as restricted or otherwise provided by the will of the decedent, on or after August 28, 2009, the personal representative shall, without authorization or approval of the court, invest liquid assets of the estate, including funds received from the sale of other assets, other than funds needed to meet debts and expenses currently payable, in accordance with the provisions of the Missouri prudent investor act, sections 469.900 to 469.913, subject to the following exceptions:  (1) Investment of any part or all of the liquid assets:  (a) In direct obligation of or obligations unconditionally guaranteed as to principal and interest by the United States; or  (b) In interest-bearing accounts and time deposits, including time certificates of deposit, in financial institutions to the extent the account or deposits are insured by the Federal Deposit Insurance Corporation, shall constitute prudent investments;  (2) If the personal representative determines it appropriate to delegate investment and management functions to an agent as provided in section 469.909, the agent to whom the delegation is made shall acknowledge in a writing delivered to the personal representative that the agent is acting as an investment fiduciary on the account. -------- (RSMo 1939  104, A.L. 1955 p. 385  126, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision, A.L. 1998 H.B. 1571, A.L. 2006 S.B. 892, A.L. 2009 H.B. 239)  Prior revisions: 1929  104; 1919  103; 1909  111  CROSS REFERENCE:  Multinational banks, securities and obligations of, investment in, when, 409.950 
Effective - 28 Aug 1957   473.337. Bank deposits.  Whenever it is consistent with proper administration of the estate, the executor or administrator may, without an order of court, deposit, as a fiduciary, the funds of the estate in a banking institution in this state as a general deposit and either as a demand, time or savings deposit. -------- (L. 1955 p. 385  127, A.L. 1957 p. 829) 
Effective - 28 Aug 1993   473.340. Discovery of assets, procedure for.  1. Any personal representative, administrator, creditor, beneficiary or other person who claims an interest in property which is claimed to be an asset of an estate or which is claimed should be an asset of an estate may file a verified petition in the probate division of the circuit court in which said estate is pending seeking determination of the title, or right of possession thereto, or both. The petition shall describe the property, if known, shall allege the nature of the interest of the petitioner and that title or possession of the property, or both, are being adversely withheld or claimed. The court may order the joinder, as a party, of any person who may claim an interest in or who may have possession of any such property.  2. Service of summons, petition and answer thereto together with all subsequent proceedings shall be governed by the Missouri Rules of Civil Procedure. Any party may demand a jury trial.  3. Upon a trial of the issues, the court shall determine the persons who have an interest in said property together with the nature and extent of any such interest. The court shall direct the delivery or transfer of the title or possession, or both, of said property to the person or persons entitled thereto and may attach the person of any party refusing to make delivery as directed. If the party found to have adversely withheld the title or possession, or both, of said property has transferred or otherwise disposed of the same, the court shall render a money judgment for the value thereof with interest thereon from the date the property, or any interest therein, was adversely withheld. In addition to a judgment for title and possession, or either, or for the value thereof, the court may enter a judgment for all losses, expenses and damages sustained, if any, but not including attorney fees, if it finds that the property was wrongfully detained, transferred or otherwise disposed of.  4. If the court finds that a complete determination of the issues cannot be had without the presence of other parties, the court may order them to be brought in by an amended or supplemental petition. The court shall order the joinder of the personal representative of the estate if he is not named as a party. -------- (RSMo 1939  63, A.L. 1955 p. 385  128, A.L. 1973 S.B. 210, A.L. 1978 H.B. 1634, A.L. 1982 S.B. 700 Revision, A.L. 1993 S.B. 88)  Prior revisions: 1929  63; 1919  62; 1909  70  (1958) Where money was given another by deceased to use for the benefit of deceased and upon her decease to be kept by the donee, a trust was created, and probate court had jurisdiction in proceeding under this statute to determine whether equitable title had ripened into legal title on deceased's death. Covey v. VanBibber (A.), 311 S.W.2d 112. (1961) Where ultimate issue in proceeding to discover assets was whether the assets constituted trust property or whether the trust had been revoked by decedent prior to her death, the probate court had no jurisdiction because the action is strictly equitable in nature. In re Frech's Estate (Mo.), 347 S.W.2d 224. (1963) Petition by executor held to state cause of action to establish and enforce a trust as to money held in joint bank account in names of decedent and defendant against contention that remedy at law was adequate in that probate court had jurisdiction to determine executor's claims in discovery proceedings and that such jurisdiction was exclusive. Matthews v. Pratt (Mo.), 367 S.W.2d 632. (1968) In proceeding under this section evidence supported administrator's contention that items in controversy were held either in joint tenancy or tenancy by the entirety and were not assets of the estate. In re Estate of Jeffries (Mo.), 427 S.W.2d 439. (1977) Petition to seek determination of title or right of possession to property may allege contingent interests on property as well as a specific interest. Clair v. Whittaker (Mo.), 557 S.W.2d 236. (1987) Failure to join the personal representative in an action to discover assets pursuant to this section is a jurisdictional defect since personal representative is an indispensable party pursuant to subsection 4 of this section. In Re Estate of Pilla, 735 S.W.2d 103 (Mo.App.E.D.). 
Effective - 23 May 1996   473.360. Limitations on filing of claims  when claims barred.  1. Except as provided in section 473.370, all claims against the estate of a deceased person, other than costs and expenses of administration, exempt property, family allowance, homestead allowance, claims of the United States and claims of any taxing authority within the United States, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract or otherwise, which are not filed in the probate division of the circuit court within six months after the date of the first published notice of letters testamentary or of administration or, if notice was actually mailed to, or served upon, such creditor, within two months after the date such notice was mailed, or served, whichever later occurs, or which are not paid by the personal representative, within six months after the first published notice of letters testamentary or of administration, are forever barred against the estate, the personal representative, the heirs, devisees and legatees of the decedent. No contingent claim based on any warranty made in connection with the conveyance of real estate is barred under this section. This six-month period does not extend any other applicable limitation periods.  2. Unless written notice of actions instituted or revived under section 473.363 or 473.367 is filed in the probate division within six months after the first published notice of letters, no recovery may be had in any such action on any judgment therein against the personal representative out of any assets being administered upon in the probate division or from any distributee or other person receiving the assets. Timely filing of the claim against the estate, under this section, within six months after the first published notice of letters, whether said claim is filed before or after the institution or revival of an action against the personal representative or the estate shall satisfy the requirement of written notice herein imposed.  3. Nothing in this section affects or prevents any action or proceeding to enforce any mortgage, pledge or other lien upon property of the estate; except that attachment, judgment, and execution liens shall be enforced as provided in this chapter and not otherwise. -------- (L. 1955 p. 385  139, A.L. 1957 p. 829, A.L. 1959 S.B. 305, A.L. 1969 p. 551, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1989 H.B. 145, A.L. 1993 S.B. 88, A.L. 1996 S.B. 494)  Effective 5-23-96  CROSS REFERENCES:  Limitations extended by death, survival, RSMo 516.240 516.250  Survival of causes of action, RSMo 431.130, 537.010, 537.020, 537.030  (1960) Where suit on personal injuries claim was filed within the nine months but notice thereof was not filed in the probate court within that time the suit would be dismissed because barred by the nonclaim statute. The 1959 amendment with respect to making the bar applicable only to assets of the estate discussed. Smith v. Maynard (Mo.), 339 S.W.2d 737. (1962) Actions against administrator of estate for personal injuries were barred where actions had been barred under nonclaim statute prior to statute's amendment since amendment did not extend new privileges granted therein to bringing of new actions which had been extinguished prior to effective date of amendment. State ex rel. Whitaker v. hall (Mo.), 358 S.W.2d 845, Potts v. Vadnais (Mo.), S.W.2d 543. (1967) This section is mandatory and its purpose is to terminate all claims, whether due, not due, or contingent. In re Estate of Bierman (A.), 410 S.W.2d 342. (1985) Held, due process does not require any more than publication notice to a creditor that a decedent's estate is being administered and the notice provisions of sections 473.360 and 473.033, RSMo, are constitutional. Estate of Busch v. Ferrell Duncan Clinic (Mo. banc) 700 S.W.2d 87.
Effective - 01 Jan 1981   473.363. Suits pending at decedent's death deemed duly filed, when  personal representative to list pending actions  period of nonclaim not affected.  1. Any action pending against any person at the time of his death, which, by law, survives against the personal representative, is considered a claim duly filed against his estate from the time substitution of the personal representative for the deceased defendant, or motion therefor, is made and written notice thereof is filed in the probate division.  2. Within ninety days after the appointment of a personal representative, he shall file with the probate division a verified statement of all actions, known to him, pending against his decedent at decedent's death. Within this ninety-day period, the personal representative of a decedent against whom any action, known to the personal representative was pending at the date of death, shall notify in writing all adverse parties to the action or their attorneys of record therein, if any, and the clerk of the court in which the action was pending, stating the date of decedent's death, the name of the court which granted letters testamentary or of administration, the name and address of the person or persons to whom the letters were granted, the number of the estate, and the date of the first publication of notice of granting the letters testamentary or of administration. Nothing herein contained, however, shall be construed as extending, suspending, or in any other way affecting the period of nonclaim provided by section 473.360. In the case of the corporate personal representative, the corporation shall be chargeable with the knowledge of the individual or individuals conducting the administration of the estate. In the case of multiple personal representatives, a personal representative having no knowledge of the pendency of a suit against the decedent shall not be chargeable with the knowledge of a copersonal representative. No personal representative shall have any liability for failing to give notice. -------- (RSMo 1939  183, A.L. 1955 p. 385  140, A.L. 1959 S.B. 305, A.L. 1967 p. 642, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)  Prior revisions: 1929  184; 1919  183; 1909  192  Effective 1-01-81  (1961) Personal injury action which survived after death of defendant occurring six months before the amendment of the nonclaim statutes did not abate where plaintiff failed to comply with the original statutes but complied with the statutes as amended. Rabin v. Krogsdale (Mo.), 346 S.W.2d 58.
Effective - 01 Jan 1981   473.367. Actions commenced after decedent's death deemed filed, when.  Any action commenced against a personal representative, after death of the decedent, is considered a claim duly filed against the estate from the time of serving the original process on the personal representative, and the filing of a written notice in the probate division of the institution of such action within the time prescribed in section 473.360. -------- (RSMo 1939  184, A.L. 1955 p. 385  141, A.L. 1959 S.B. 305, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)  Prior revisions: 1929  185; 1919  184; 1909  193  Effective 1-01-81  (1962) Actions against administrator of estate for personal injuries were barred where actions had been barred under nonclaim statute prior to statute's amendment since amendment did not extend new privileges granted therein to bringing of new actions which had been extinguished prior to effective date of amendment. State ex rel. Whitaker v. Hall (Mo.) 358 S.W.2d 845. Potts v. Vadnais (Mo.), 362 S.W.2d 543.
Effective - 01 Jan 1981   473.370. Establishment of claim by judgment  judgment deemed filed, when.  1. A person having a claim against an estate may establish the same by the judgment or decree of some court of record, in the ordinary course of proceeding, upon filing a copy of the judgment or decree in the probate division.  2. Except where notice of revival of an action or of institution of an action is filed as required by section 473.363 or 473.367, any judgment or decree is deemed filed within the meaning of section 473.360 as of the time a copy of the judgment or decree is filed in the probate division as required by this section. -------- (RSMo 1939  188, A.L. 1955 p. 385  142, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)  Prior revisions: 1929  189; 1919  188; 1909  197  Effective 1-01-81 
Effective - 28 Aug 1985   473.380. Claims, form and verification  claim to be established by evidence.  1. No claim other than for costs and expenses of administration shall constitute a claim against an estate unless it is in writing, stating the nature and amount thereof, if ascertainable, and is signed by the claimant, or by some person for him who has knowledge of the facts, stating that to the best of his knowledge and belief he has given credit to the estate for all payments and offsets to which it is entitled and that the balance claimed is justly due.  2. If a claim is founded on a written instrument, the original or a copy thereof with all endorsements shall be attached to the claim. The original instrument shall be exhibited to the personal representative, upon demand, unless it is lost or destroyed, in which case its loss or destruction shall be stated in the claim.  3. The statement of claim herein required shall not be received as any evidence of the claim but such claim shall be established by competent evidence before it is paid or adjusted.  4. Upon the filing of any claim, the probate clerk shall immediately send a copy of the claim to the personal representative or his attorney. -------- (RSMo 1939  192, 194, A.L. 1955 p. 385  145, A.L. 1959 S.B. 141, A.L. 1980 S.B. 637, A.L. 1985 S.B. 35, et al.)  Prior revisions: 1929  193, 195; 1919  192, 194; 1909  201, 203  (1964) If a claimant concedes that payments were made on the subject of the claim, he must show such credits in his claim. But if he does not so concede, the burden is on the estate to prove payment, not on claimant to prove nonpayment. Hubbard v. Happel's estate (A.), 382 S.W.2d 416. (1974) Held that claim form used met requirements of this section and that signature not being on proper line did not invalidate the claim. State ex rel. Nollmann v. Gunn, (A.), 513 S.W.2d 710.
Effective - 28 Aug 1955   473.383. Claims not due, proceedings.  The court may allow any claim filed against an estate, which is payable at a future day, at the then present value thereof, or the court may order the executor or administrator to retain in his hands sufficient funds to satisfy the same upon maturity; or if the heirs, devisees, or legatees offer to give bond to a creditor for the payment of his claim according to the terms thereof, the court may order the bond to be given in satisfaction of such claim. -------- (L. 1955 p. 385  146) 
Effective - 01 Jan 1981   473.387. Secured claims  surrender of security  payment.  When a creditor holds any security for his claim, the security shall be described in the claim. If the claim is secured by a mortgage, pledge, or other lien which has been recorded or filed for record, it is sufficient to describe the lien by date, and refer to the volume, page and place of recording or filing and the names of parties thereto. The claim shall be allowed in the same amount as if it were unsecured and the judgment allowing it shall describe the security. The creditor may surrender his security and be paid out of the assets of the estate. Nothing in this law shall be construed to compel the creditor to surrender his security until he receives payment of his debt in full or he is paid the value of the security. Payment of the claim shall be upon the basis of the full amount allowed if the creditor surrenders his security; otherwise payment shall be upon the basis of one of the following:  (1) If the creditor exhausts his security before receiving payment, then upon the basis of the full amount of the claim less the amount realized upon exhausting the security;  (2) If the creditor has not exhausted or does not have the right to exhaust his security, then upon the basis of the full amount of the claim less the value of the security determined by converting the same into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise, or litigation. -------- (L. 1955 p. 385  147, A.L. 1980 S.B. 637)  Effective 1-01-81  (1961) Where parties to divorce suit entered into property settlement which provided for the payment of the attorneys for both parties, the claim for the attorney fees upon the death of one of the parties to the divorce action who signed the agreement could be established in the probate court. Yonke v. Albert's Estate (A.), 351 S.W.2d 794.
Effective - 28 Aug 1955   473.390. Contingent claims.  Contingent claims which cannot be allowed as absolute debts shall be filed nevertheless in the court and proved. If allowed as a contingent claim, the order of allowance shall state the nature of the contingency. If the claim becomes absolute before distribution of the estate, it shall be paid in the same manner as absolute claims of the same class. In all other cases the court may provide for the payment of contingent claims in any one of the following methods:  (1) The creditor and executor or administrator may determine, by agreement, arbitration or compromise, the value thereof, according to its probable present worth, and upon approval thereof by the court, it may be allowed and paid in the same manner as an absolute claim.  (2) The court may order the executor or administrator to make distribution of the estate but to retain in his hands sufficient funds to pay the claim if and when the same becomes absolute; but for this purpose the estate shall not be kept open longer than two years after distribution of the remainder of the estate has been made; and if the claim has not become absolute within that time, distribution shall be made to the distributees of the funds so retained, after paying any costs and expenses accruing during such period and the distributees are liable to the creditor to the extent of the estate received by them, if the contingent claim thereafter becomes absolute. When distribution is made to distributees, the court may require such distributees to give bond for the satisfaction of their liability to the contingent creditor.  (3) The court may order distribution of the estate as though the contingent claim did not exist, but the distributees are liable to the creditor to the extent of the estate received by them, if the contingent claim thereafter becomes absolute; and the court may require such distributees to give bond for the performance of their liability to the contingent creditor. -------- (L. 1955 p. 385  148)  (1958) Contract between three owners of corporation requiring each to pay specified amount to corporation, when, as and if it needed money and was short of cash held valid and allowable against estate of deceased party as a contingent claim. Becker-Behrens-Gist Lbr. Co. v. Adams (A.), 311 S.W.2d 70.
Effective - 02 Jan 1979   473.393. Collection of contingent claims from distributees  limitations  contribution.  If a contingent claim has been filed and allowed against an estate and all the assets of the estate including the fund, if any, set apart for the payment thereof, have been distributed, and the claim thereafter becomes absolute, the creditor may recover thereon against those distributees whose distributive shares have been increased by reason of the fact that the amount of the claim as finally determined was not paid prior to final distribution, if an action therefor is commenced within six months after the claim becomes absolute. The distributees are jointly and severally liable, but no distributee is liable for an amount exceeding the amount of the estate or fund distributed to him. If more than one distributee is liable to the creditor, he shall make all distributees who can be reached by process parties to the action. By its judgment the court shall determine the amount of the liability of each of the defendants as between themselves, but if any is insolvent or unable to pay his proportion, or beyond the reach of process, the others, to the extent of their respective liabilities, nevertheless, are liable to the creditor for the whole amount of his debt. If a person liable for the debt fails to pay his just proportion to the creditor, he is liable to indemnify all who, by reason of the failure on his part, have paid more than their just proportion of the debt, the indemnity to be recovered in the same action or in separate actions. -------- (L. 1955 p. 385  149, A.L. 1978 H.B. 1634)  Effective 1-02-79 
Effective - 28 Aug 2018, 2 histories   473.397. Classification of claims and statutory allowances.  All claims and statutory allowances against the estate of a decedent shall be divided into the following classes:  (1) Costs;  (2) Expenses of administration;  (3) Exempt property, family and homestead allowances;  (4) Funeral expenses;  (5) Debts and taxes due the United States of America;  (6) Debts for medical assistance owed to the state of Missouri under section 473.398;  (7) Expenses of the last sickness, wages of servants, claims for medicine and medical attendance during the last sickness, and the reasonable cost of a tombstone;  (8) Debts and taxes due the state of Missouri, any county, or any political subdivision of the state of Missouri;  (9) Judgments rendered against the decedent in his lifetime and judgments rendered upon attachments levied upon property of decedent during his lifetime;  (10) All other claims not barred by section 473.360. -------- (RSMo 1939  181, A.L. 1955 p. 385  150, A.L. 1965 p. 635, A.L. 1969 S.B. 84, A.L. 1980 S.B. 637, A.L. 2018 S.B. 806)  Prior revisions: 1929  182; 1919  181; 1909  190  CROSS REFERENCE:  State claims paramount--personal liability on failure to pay, 430.330 to 430.350
Effective - 28 Aug 2018, 2 histories   473.398. Recovery of public assistance funds from recipient's estate, when authorized  procedure  exceptions.  1. Upon the death of a person, who has been a participant of aid, assistance, care, services, or who has had moneys expended on his behalf by the department of health and senior services, department of social services, or the department of mental health, or by a county commission, the total amount paid to the decedent or expended upon his behalf after January 1, 1978, shall be a debt due the state or county, as the case may be, from the estate of the decedent. The debt shall be collected as provided by the probate code of Missouri, chapters 472, 473, 474 and 475.  2. Procedures for the allowance of such claims shall be in accordance with this chapter, and such claims shall be allowed as a claim of either the sixth or eighth class under subdivisions (6) and (8) of section 473.397.  3. Such claim shall not be filed or allowed if it is determined that:  (1) The cost of collection will exceed the amount of the claim;  (2) The collection of the claim will adversely affect the need of the surviving spouse or dependents of the decedent to reasonable care and support from the estate.  4. Claims consisting of moneys paid on the behalf of a participant as defined in 42 U.S.C. Section 1396 shall be allowed, except as provided in subsection 3 of this section, upon the showing by the claimant of proof of moneys expended. Such proof may include but is not limited to computerized records maintained by any governmental entity as described in subsection 1 of this section of a request for payment for services rendered to the participant, which shall be deemed to be competent and substantial evidence of payment.  5. The provisions of this section shall not apply to any claims, adjustments or recoveries specifically prohibited by federal statutes or regulations duly promulgated thereunder. Further, the federal government shall receive from the amount recovered any portion to which it is entitled.  6. Before any probate estate may be closed under this chapter, with respect to a decedent who, at the time of death, was enrolled in MO HealthNet, the personal representative of the estate shall file with the clerk of the court exercising probate jurisdiction a release from the MO HealthNet division evidencing payment of all MO HealthNet benefits, premiums, or other such costs due from the estate under law, unless waived by the MO HealthNet division. -------- (L. 1977 H.B. 462  1 to 4, A.L. 1981 S.B. 117, A.L. 1985 S.B. 5, et al., A.L. 1995 S.B. 357, A.L. 2007 S.B. 577, A.L. 2018 S.B. 806) 
Effective - 28 Aug 1990   473.399. Definitions  obligation to repay assistance, claim against estate, when  defenses, setoff  exceptions.  1. As used in this section, the following terms mean:  (1) "Assistance", funds expended by a state agency to or on behalf of a person in the form of aid, care, or services, except that for the purposes of this section, aid to families with dependent children shall not be considered assistance;  (2) "Obligor estate", the estate against which an obligation under this section arises;  (3) "Recipient", a person to whom or on whose behalf assistance is provided;  (4) "State agency", the department of social services, department of health and senior services and department of mental health of the state of Missouri.  2. For the purposes of this section, the providing of assistance shall create an obligation which may be recovered by filing a claim in the probate division of the circuit court against the decedent estate of the spouse of the deceased recipient upon such spouse's death as provided by the probate code of Missouri, chapters 472, 473, 474 and 475. The amount of the state debt shall be the full amount of assistance without interest provided to the recipient during the marriage of such recipient and spouse; provided that the liability of the obligor estate shall not exceed the value of the combined resources of the recipient and the spouse of the recipient on the date of death of the recipient.  3. The state agency providing the assistance may initiate a claim on the debt against the obligor estate.  4. The obligor estate may assert as a defense to the state agency's claim that more than two years prior to the providing of assistance, the recipient voluntarily abandoned the spouse.  5. An obligor estate shall have the right of setoff against the state debt for any amounts recovered by the state agency from the estate of the deceased recipient pursuant to section 473.398.  6. Claims shall not be filed under this section when collection of the state debt would be contrary to federal statutes for assistance programs in which federal funds are received. -------- (L. 1990 H.B. 1725  1)  (2008) Section's definition of estate does not include all non-probate transfers and thus is insufficiently broad to allow recovery by State of Medicaid benefits from estate of recipient's surviving spouse. In re Estate of Shuh, 248 S.W.3d 82 (Mo.App.E.D.).  (2008) Section authorizing State to receive reimbursement from Medicaid recipient's estate after recipient's death or from estate of recipient's spouse after death of spouse is preempted by federal statute. In re Estate of Bruce, 260 S.W.3d 398 (Mo.App.W.D.). 
Effective - 01 Jan 1981   473.403. Allowance of claims  court's duties  allowance by personal representative.  1. Except as provided in subsections 2 and 3 hereof, no claimant is entitled to payment unless his claim has been duly filed and allowed by the court. Upon the adjudication of any claim the court shall allow it in whole or in part, or disallow it. The order allowing the claim has the effect of a judgment and bears interest at the legal rate, unless the claim provides for a different rate in which case the judgment shall be rendered accordingly.  2. Except in case of the personal representative's own claim, any claim may be paid by the personal representative, without allowance thereof by the court, and credit may be had therefor in his settlement, provided the same is either paid or filed within the time prescribed by section 473.360; but, if written exceptions thereto are duly filed by any interested party within the time allowed for filing exceptions to the final settlement of the personal representative, hearing by the court shall be had thereon. On such hearing the burden is on the personal representative to prove that the estate was liable on the claim for the amount so paid. If the court adjudges that the estate was not liable for any part of the amount paid, the exceptions to such extent shall be sustained.  3. Claims for expenses of administration may be allowed upon application of the claimant or of the personal representative, or may be allowed in the discretion of the court at any settlement regardless of whether or not they have been paid by the personal representative. -------- (L. 1955 p. 385  152, A.L. 1969 p. 553, A.L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1955   473.407. Defenses against claims.  Any executor or administrator may assert the same offsets and other defenses against any suit or other proceeding instituted against the estate of his testator or intestate which he might have made in his lifetime. -------- (RSMo 1939  191, A.L. 1955 p. 385  153)  Prior revisions: 1929  192; 1919  191; 1909  200 
Effective - 01 Jan 1981   473.410. Offsets or counterclaims  personal representative to list  how asserted  procedure  judgment.  The personal representative shall file a statement of all offsets or counterclaims against the creditor not less than twenty days prior to the date of hearing. The court may permit the statement to be filed in less than twenty days prior to the date of the hearing for good cause. Upon hearing of the claim and offsets or counterclaims the court shall determine the amount due by and against the estate and render judgment in favor of or against the estate for the net amount. If a judgment is rendered against a claimant for any net amount, execution may issue in the same manner as on judgments in civil cases. An offset may or may not diminish or defeat the recovery sought by the opposing party. Such offset may claim relief exceeding in amount or different in kind from that sought in the claim of the creditor. -------- (L. 1955 p. 385  154, A.L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981   473.413. Hearing and disposition of claims  notice.  Each court may provide by rule for the time and notice of hearing and disposition of claims filed therein or may set any individual claim or claims for hearing irrespective of rule. Except when ordered by the court for cause or upon agreement of the parties the time for hearing of any claim shall not be fixed at any time before the expiration of twenty days after notice thereof has been served on the personal representative. -------- (L. 1955 p. 385  155, A.L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981   473.423. Claim of personal representative  how established  procedure  fee.  A personal representative may establish a claim against the estate by proceeding against his corepresentative in the manner prescribed for other persons; but if there is no corepresentative, he shall file his claim and other papers, and, unless the persons whose interests would be adversely affected consent thereto in writing, the court shall appoint some suitable person as administrator ad litem to appear and manage the defense. The fee allowed to the administrator ad litem shall be charged against the claimant as costs unless the claimant can show that the claim arose prior to decedent's death or, that by advancing funds on behalf of the estate, the estate was benefitted thereby, in which event the fee allowed the administrator ad litem shall be charged as costs against the estate and paid as an expense of administration. -------- (RSMo 1939  202, A.L. 1955 p. 385  158, A.L. 1980 S.B. 637)  Prior revisions: 1929  203; 1919  202; 1909  211  Effective 1-01-81 
Effective - 28 Aug 1980   473.427. Compromise of claims against estate.  When a claim against the estate has been filed or suit thereon is pending, the creditor and personal representative, if it appears for the best interest of the estate, may compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated. -------- (L. 1955 p. 385  159, A.L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981   473.430. Payments of claims and statutory allowances in order of classification  proportional payment  priority.  All claims and statutory allowances against an estate shall be paid by the personal representative, as far as he has assets, in the order specified in section 473.397; and no claim or statutory allowance of one class shall be paid until all previous classes are satisfied or it appears that there are sufficient assets to satisfy all previous classes. If there are not sufficient assets to pay the whole of any one class, claims shall be paid in proportion to their amounts. Exempt property, family allowance and homestead allowance have priority for payment, in the order listed, among themselves. -------- (RSMo 1939  207, A.L. 1955 p. 385  160, A.L. 1980 S.B. 637)  Prior revisions: 1929  208; 1919  207; 1909  216  Effective 1-01-81 
Effective - 23 May 1996   473.433. Payment of claims not required prior to six months after first publication  payments after six months  insufficient funds  payment with consent of all parties  no just claim to be barred, when.  1. Prior to the expiration of six months after the date of the first publication of letters, no personal representative shall be compelled to pay any claim presented to him or filed with the court; provided, however, that subsequent to the expiration of the time specified in section 473.360, no personal representative shall pay any claim except costs and expenses of administration, unless, within the time specified in sections 473.360, 473.363, and 473.367, said claim has either been filed with the court or acknowledged by the personal representative in writing to be a just claim.  2. Upon the expiration of six months after the date of first publication of letters, or when it appears that there are sufficient assets to pay all claims whether or not theretofore allowed, the personal representative shall proceed to pay all claims to which he has consented or which have been allowed by final judgment.  3. If it appears at any time that the estate is or may be insolvent, that there are insufficient funds on hand, or that there is other good and sufficient cause, the personal representative may report that fact to the court and apply for any order that he deems necessary in connection therewith.  4. Notwithstanding sections 473.360, 473.363, and 473.367, a personal representative may pay any claim at any time with the consent of all interested parties.  5. No claim filed with the court or acknowledged by the personal representative in writing to be a just claim, within the time specified in sections 473.360, 473.363 and 473.367, shall be barred on the basis of the claim not having been served upon the personal representative within the time specified in sections 473.360, 473.363, and 473.367. -------- (L. 1955 p. 385  161, A.L. 1969 p. 553, A.L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision, A.L. 1996 S.B. 494)  Effective 5-23-96  (1995) Six-month bar also applies in conservatorships. Rebound, Inc. v. Pugh, 912 S.W.2d 660 (Mo.App.W.D.).
Effective - 01 Jan 1981   473.437. Extension or renewal of encumbrances of assets.  When any assets of the estate are encumbered by mortgage, pledge or other lien, the personal representative may renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of his lien, in whole or in part, pursuant to agreement with the holder of the encumbrance, whether or not the holder of the encumbrance has filed a claim, if it appears to be for the best interest of the estate. -------- (L. 1955 p. 385  162, A.L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981   473.440. Enforcement of judgment, attachment or execution liens which attached prior to decedent's death.  When any real or personal property of an estate is bound by the lien of any judgment, attachment or execution, which attached prior to the death of decedent, the personal representative, when the best interests of the estate require, may obtain the redemption thereof, except that, if the estate is insolvent, the property subject to the lien shall be sold in the manner provided by law for the sale of property for the payment of obligations of the estate. The proceeds of the sale shall be used first to satisfy and pay the judgment or execution without regard to the classification thereof, except that claims in classes one through seven* of section 473.397 have precedence over such liens, and the residue, if any, shall be administered as other assets. If there is more than one judgment, attachment or execution lien, and the estate is insufficient to pay all of them, they shall be paid according to their priority, or, if they are of equal priority, the proceeds shall be applied to the several liens in proportion to their respective amounts. -------- (L. 1955 p. 385  163, A.L. 1980 S.B. 637)  Effective 1-01-81  *Seventh class was renumbered to eighth class in section 473.397 by S.B. 806, 2018. CROSS REFERENCES:  Attached property of decedent to be sold only under administration proceedings, 521.450, 521.460  Executions not to issue against executor or administrator, when, 513.075  Executors or administrators not to be summoned as garnishees, when, 525.030 
Effective - 01 Jan 1981   473.443. Proceedings where real estate has been sold under junior judgment.  1. If real estate, being or having been bound by the liens of several judgments or attachments, has been sold under a junior judgment, the personal representative shall file a petition alleging the fact of the sale, the name of the plaintiff in the junior judgment, the name of the purchaser, the dates and amounts of the several judgments and attachments, and the names of the persons in whose favor the several judgments were rendered, or such attachments are prosecuted.  2. The court thereupon shall cause a copy of the petition to be served, in the manner provided by statute or civil rule, upon the plaintiff in the judgment under which the real estate was sold and the purchaser thereof, together with an order that unless good cause to the contrary is shown, at a date fixed by the court, an order will be made for the sale of the whole or so much of the real estate as is sufficient to pay the prior judgments or attachments.  3. The purchaser of the real estate has the privilege of paying the prior judgments at any time within three months after the date of the service of the petition, or, in case of attachments, within the time specified in section 473.360.  4. If the purchaser of the real estate under the junior judgment fails to pay the prior judgment, or judgment upon prior attachments, or both, within the time prescribed in subsection 3 above, the real estate shall be sold in the manner provided by law for the sale of real estate of decedents free from the encumbrance of the title derived from the sale under the junior judgment, and the proceeds of the sale shall be disposed of according to law. -------- (RSMo 1939  151, A.L. 1955 p. 385  164, A.L. 1980 S.B. 637)  Prior revisions: 1929  152; 1919  151; 1909  160  Effective 1-01-81 
Effective - 13 Jul 1989   473.444. Limitations on filing claims  when claims barred.  1. Unless otherwise barred by law, all claims against the estate of a deceased person, other than costs and expenses of administration, exempt property, family allowance, homestead allowance, claims of the United States and claims of any taxing authority within the United States, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract or otherwise, which are not filed in the probate division, or are not paid by the personal representative, shall become unenforceable and shall be forever barred against the estate, the personal representative, the heirs, devisees and legatees of the decedent one year following the date of the decedent's death, whether or not administration of the decedent's estate is had or commenced within such one-year period and whether or not during such period a claimant has been given any notice, actual or constructive, of the decedent's death or of the need to file a claim in any court. No contingent claim based on any warranty made in connection with the conveyance of real estate is barred under this section.  2. Nothing in this section affects or prevents any action or proceeding to enforce any mortgage, pledge or other lien upon property of the estate; except that attachment, judgment, and execution liens shall be enforced as provided in this law and not otherwise. -------- (L. 1989 H.B. 145)  Effective 7-13-89  (2004) Department of Social Services is a "taxing authority" exempt from one-year limit for filing reimbursement claims against a decedent's estate. In re Cahill, 131 S.W.3d 859 (Mo.App.S.D.).  (2010) Section is self-executing and does not require sufficient state involvement to implicate due process protections. State ex rel. Houska v. Dickhaner, 323 S.W.3d 29 (Mo.banc). 
Effective - 28 Aug 1955   473.457. Sale of property under power in will.  1. The sale and conveyance of property under a will shall be made by the acting executor or administrator with the will annexed, if no other person is appointed by the will for that purpose, or if such person fails or refuses to act.  2. Whenever power to sell or otherwise deal with property under a will, by the terms thereof, is personal to the executor therein designated, the court may direct the exercise thereof by a successor executor or administrator or by some other person. The court has full power to supervise the exercise of such powers and to make such orders as are necessary to effectuate the will of testator.  3. When power to sell, mortgage, lease or exchange property of the estate has been given to any executor under the terms of any will, the executor may proceed under such power, or under the provisions of this law, as he may determine. -------- (RSMo 1939  132, A.L. 1955 p. 385  168)  Prior revisions: 1929  133; 1919  132; 1909  141 
Effective - 01 Jan 1981   473.460. Purposes for which property may be sold, mortgaged, leased or exchanged.  1. Real or personal property belonging to an estate may be sold, mortgaged, leased or exchanged under court order for any of the following purposes:  (1) For the payment of claims allowable against the estate;  (2) For the payment of any allowance made to the surviving spouse and minor children of a decedent;  (3) For the payment of any legacy given by the will of the decedent;  (4) For the payment of expenses of administration including court costs;  (5) For the payment of any gift, estate, inheritance or transfer taxes assessed upon the transfer of the estate or due from the decedent or his estate;  (6) For any other purpose in the best interests of the estate; or if it would be burdensome to the heirs or devisees to distribute the personal property or the real estate in kind.  2. Real and personal property may be sold or mortgaged under order of the court when necessary for the purpose of making distribution of the estate or any part thereof.  3. Personal property of the estate shall be exhausted before real estate is ordered sold for the payment of the obligations of the estate unless the court otherwise orders. -------- (L. 1955 p. 385  169, A.L. 1957 p. 829, A.L. 1965 p. 636, A.L. 1980 S.B. 637)  Effective 1-1-81  CROSS REFERENCES:  Conveyances to urban redevelopment corporation, when, 353.120  Homestead allowance, property not to be sold, when, 474.290  (1963) Subdivision (6) does not apply to situations of concern only to heirs and therefore neither the fact that it is desirable to sell the land because it cannot be satisfactorily partitioned in kind nor the fact that the real estate would bring a better price at a private sale by an administrator could make "necessary" the sale of real estate under subdivision (6). McIntosh v. Connecticut General Life Insurance Co. (Mo.), 336 S.W.2d 409. (1974) Held that failure to allege facts in support of statutory grounds for sale of property does not deprive probate court of jurisdiction. Coons v. Stokes (A.), 514 S.W.2d 33.
Effective - 01 Jan 1981   473.463. No known heirs, property to be sold.  When there are no known heirs or legal representatives of heirs, the personal representative shall sell all the real and personal estate of the decedent as to which he died intestate six months after administration is granted, unless the court otherwise orders. -------- (RSMo 1939  115, A.L. 1955 p. 385  170, A.L. 1980 S.B. 637)  Prior revisions: 1929  116; 1919  115; 1909  125  Effective 1-01-81 
Effective - 28 Aug 1955   473.467. Reservation of property under direction of will  specific devises reserved.  1. If any testator directs that his estate or any specific part or parts thereof be not sold, the same shall be reserved unless such sale is necessary for the payment of claims or allowances to surviving spouse or minor children.  2. Specific devises shall not be sold in any case unless necessary in accordance with section 473.620. -------- (RSMo 1939  112, 114, A.L. 1955 p. 385  171)  Prior revisions: 1929  113, 115; 1919  112, 114; 1909  122, 124 
Effective - 28 Aug 1955   473.470. Heirs may give bond and prevent sale.  An order prohibiting the sale of property for the payment of obligations of the estate may be granted if any of the persons interested in the estate executes and files in the court a bond in such sum and with such sureties as the court approves, conditioned to pay all obligations of the estate to the extent that the other property of the estate is insufficient therefor, within such time as the court directs. An action may be maintained on such bond by the executor or administrator. -------- (L. 1955 p. 385  172) 
Effective - 28 Aug 1957   473.473. Terms of sale.  In all sales of real or personal property the court may authorize credit to be given by the executor or administrator for the payment of such portion of the purchase price and for such periods of time, upon such rates of interest, with such security, and upon such other conditions as the court finds to be in the interests of the estate. -------- (L. 1955 p. 385  173, A.L. 1957 p. 829) 
Effective - 28 Aug 1955   473.477. Executor or administrator not to purchase, exception.  No executor or administrator shall purchase any property belonging to the estate which is sold either at public or private sale, unless written consent thereto is filed by the distributees. -------- (RSMo 1939  161, A.L. 1955 p. 385  174)  Prior revisions: 1929  162; 1919  161; 1909  170 
Effective - 28 Aug 1955   473.480. Validity of proceedings.  No proceedings for sale, mortgage, lease, exchange or conveyance by an executor or administrator of property belonging to the estate shall be subject to collateral attack on account of any irregularity in the proceedings if the court which ordered the same had jurisdiction of the estate. -------- (L. 1955 p. 385  175) 
Effective - 28 Aug 1955   473.483. Sales of perishable property.  Every executor or administrator may sell at private or public sale all goods and chattels of the decedent that are liable to perish, be consumed or rendered worse by the keeping upon obtaining order of the court so to do. Approval of the court of a sale without prior order validates the sale. -------- (RSMo 1939  111, A.L. 1955 p. 385  176)  Prior revisions: 1929  112; 1919  111; 1909  121 
Effective - 28 Aug 1957   473.487. Sale, mortgage or lease of personal property.  An executor or administrator may file a petition to sell, mortgage or lease any personal property belonging to the estate. The petition shall set forth the reasons for the application and describe the property involved. The petition may be heard with or without notice as the court directs. Notice of the hearing, if required, shall state briefly the nature of the application and shall be given as provided in section 472.100. The court may order the sale, mortgage or lease of the property described or any part thereof, on the most advantageous terms obtainable. No report or confirmation of the transaction is necessary unless required by the court; but no privately negotiated sale, mortgage or lease made under this section is valid unless prior authorization or subsequent approval of the court is secured. -------- (L. 1955 p. 385  177, A.L. 1957 p. 829) 
Effective - 28 Aug 1957   473.490. Sale of real estate on court's motion, when.  1. If, upon any settlement of the executor or administrator, it appears that the personal property of an estate is not sufficient for the payment of claims, legacies or allowances to the surviving spouse or unmarried minor children, the court may require a hearing to determine if real property of the estate should be sold, mortgaged or leased for that purpose.  2. Notice of the hearing, stating the time and nature thereof, shall be given by the clerk in the manner and to the persons as provided in subsection 2 of section 473.493.  3. Upon hearing the matter, and upon the adduction of satisfactory proof, the court may order the sale, mortgage or lease of such real property of the estate as the circumstances may require, and the same proceedings under this law shall thereafter be had in relation to the sale, mortgage or lease as if the same had been instituted on petition of the executor or administrator, or a creditor or other interested person. -------- (RSMo 1939  165, A.L. 1955 p. 385  178, A.L. 1957 p. 829)  Prior revisions: 1929  166; 1919  165; 1909  174 
Effective - 28 Aug 1957   473.493. Petition to sell, mortgage or lease real estate  notice  order.  1. An executor or administrator may file a petition to sell, mortgage or lease any real property belonging to the estate. The petition shall set forth the reason for the application and describe the property involved. It may apply for different authority as to separate parts of the property; or it may apply in the alternative for authority to sell, mortgage or lease. If the property is bound by the lien of a judgment or attachment, that fact shall be stated in the petition together with detailed information as to the date, amount and holder of the lien. Upon the filing of the petition, the court shall fix the time and place for the hearing thereof.  2. Notice of the hearing shall state briefly the nature of the application and shall be given to heirs and devisees whose names and addresses appear in the files or records of the case in the probate division of the circuit court and who are interested persons and to such other persons as the court directs. The notice shall be given by ordinary mail or by publication or both as ordered by the court. Publication, if any, shall be at least once each week for four consecutive weeks in accordance with section 472.100. Where service by publication is ordered, the hearing shall be held at the time specified in the notice which shall not be before the thirtieth day or later than the forty-second day after the date of the first insertion of the publication and, in other cases, the hearing shall be had at the time specified in the notice. For good cause shown on the date specified, or on a date to which the hearing is duly continued, the court may continue the hearing to a later date without further notice.  3. At the hearing and upon satisfactory proofs, the court may order the sale, mortgage or lease of the property described or any part thereof. When a claim secured by a mortgage on real property, under the provisions of this law, is payable at the time of distribution of the estate or prior thereto, the court with the consent of the mortgagee may, nevertheless, order the sale of the real property subject to the mortgage, but such consent releases the estate should a deficiency later appear. -------- (L. 1955 p. 385  179, A.L. 1957 p. 829) 
Effective - 28 Aug 1955   473.497. Creditor or other person may file petition, when.  If the executor or administrator does not make such application, a creditor or other person interested in the estate may file a like petition, giving twenty days' notice to the executor or administrator. On the filing of the petition the court may order the executor or administrator to furnish such information and records as the court deems necessary. On the petition the court shall proceed in the same manner as provided in section 473.493. -------- (RSMo 1939  145, A.L. 1955 p. 385  180)  Prior revisions: 1929  146; 1919  145; 1909  154 
Effective - 01 Jan 1981   473.500. Order for sale, mortgage or lease of property, content  duration  reappraisal, when.  The order shall describe the property to be sold, mortgaged or leased and may designate the sequence in which the several parcels shall be sold, mortgaged or leased. An order for sale shall direct whether the property shall be sold at private sale or public auction. If real property is to be sold at private sale it shall direct that the same shall not be sold for less than three-fourths of the appraised value; or if real property is to be leased, it shall direct that the same shall not be leased for less than the appraised rental value. If real property is to be mortgaged, it shall fix the maximum amount of principal, the maximum rate of interest, the earliest and latest date of maturity, and shall direct the purpose for which the proceeds shall be used. An order for sale, mortgage or lease shall remain in force until terminated by the court. The court may, if it finds that there is probable cause to believe that the value of the property has changed, order a reappraisal thereof. -------- (L. 1955 p. 385  181, A.L. 1959 S.B. 141, A.L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1955   473.507. Notice of public sale of real estate.  In all public sales of real estate made under this law, the executor or administrator shall cause a notice containing a particular description of the real estate to be sold and the street address or approximate direction and distance from any city or town, and popular name thereof, if any, stating the time, place and terms of sale, to be published once a week for four consecutive weeks prior to the sale in some newspaper. The name of the estate shall be printed in capital letters in the notice. The notice shall be published in accordance with section 472.100 except that the newspaper in which publication is made must be published in the county in which the land is situated, or if there is none, in an adjoining county. Omission of or error in the street address or approximate direction or distance from any city or town or popular name, or any of them, shall not affect the validity of the notice. -------- (RSMo 1939  159, A.L. 1955 p. 385  183)  Prior revisions: 1929  160; 1919  159; 1909  168 
Effective - 28 Aug 1955   473.510. Public sale of real estate, where made, adjournment.  1. All public sales of real estate, made by order of the court, shall be made at the courthouse door of the county in which the real estate is situated, or at such other place in the county as may be fixed by the court order, at the time specified in the notice, and shall be conducted openly by auction.  2. The executor or administrator may adjourn the sale from time to time, but not for longer than three months in all. Every adjournment shall be announced publicly at the time and place fixed for the sale. -------- (RSMo 1939  160, A.L. 1955 p. 385  184)  Prior revisions: 1929  161; 1919  160; 1909  169 
Effective - 28 Aug 1955   473.513. Report of sale  objections  approval.  1. Within ten days after making a sale, mortgage or lease of real estate, the executor or administrator shall make a full report of his proceedings, with the certificate of appraisement if a new appraisement is required by the court, and a copy of the advertisement, if a public sale, which report shall be verified by affidavit that he did not, directly or indirectly, purchase the real estate or any part thereof, or any interest therein, and that he is not interested in the property sold except as stated in the report. If the written consent of distributees to the purchase by the executor or administrator is filed as provided by section 473.477 the affidavit is not required. The report of sale shall remain on file ten days before being acted upon by the court.  2. A person interested in the estate desiring to object to confirmation may file objections in writing, setting forth the reasons therefor.  3. The court shall examine the report and if satisfied that the sale, mortgage or lease has been at the price and terms most advantageous to the estate and in all respects made in conformity with law and ought to be confirmed, shall approve the same and order the executor or administrator to make a deed, mortgage, lease or other proper instruments to the person entitled thereto. -------- (RSMo 1939  162, A.L. 1955 p. 385  185)  Prior revisions: 1929  163; 1919  162; 1909  171 
Effective - 28 Aug 1955   473.517. New sale ordered, when.  If the report and proceedings of the executor or administrator are not approved by the court, his proceedings shall be void. When from any cause no sale, mortgage or lease is made, the court with or without further notice to heirs or devisees, may order a new sale, mortgage or lease upon which the same proceedings shall be had as upon the original order or, unless the original order is terminated as provided in section 473.500, further proceedings may be had on the original order itself. -------- (RSMo 1939  163, A.L. 1955 p. 385  186)  Prior revisions: 1929  164; 1919  163; 1909  172 
Effective - 28 Aug 1955   473.520. Conveyance executed, contents  effect.  1. Upon approval of a sale, mortgage or lease in accordance with section 473.513, the executor or administrator shall execute, acknowledge and deliver a conveyance to the grantee or mortgagee or a lease to the lessee according to the order of approval.  2. In case of a sale or mortgage, the conveyance shall refer in apt and appropriate terms to the order of sale or mortgage and the court by which it was made, the certificate of appraisement, the advertisement, the time and place of sale, the report of the proceedings and order of approval thereof by the court, and the consideration and conveying or mortgaging to the grantee or mortgagee all the right, title and interest which the decedent had in the same.  3. In case of a lease, the lease shall contain like information and shall grant to the lessee possession and use of all the right, title and interest which decedent had in the demised premises.  4. Such deed, mortgage or lease shall convey to the grantee, or mortgagee, or lessee all the right, title and interest which the decedent had in such real estate at the time of his death, in accordance with its terms, and be evidence of the facts therein recited. -------- (RSMo 1939  164, A.L. 1955 p. 385  187)  Prior revisions: 1929  165; 1919  164; 1909  173 
Effective - 01 Jan 1981   473.523. Execution of conveyance or lease where personal representative resigns, dies or has letter revoked.  When a personal representative resigns or dies, or his letters are revoked after the sale, exchange, mortgage or lease of real estate, and before executing a conveyance or lease therefor, the purchaser, mortgagee, or lessee, his heirs, assigns or grantees may petition the court, stating the facts. If he satisfies the court that the purchase money was paid, the court shall order the personal representative then acting, or, if after final settlement, the sheriff of the county to execute and acknowledge to the purchaser, mortgagee or lessee, his heirs, assigns or grantees an appropriate conveyance or lease, referring to the petition and order of court, with such other recitals as provided by section 473.520. Such conveyance or lease shall be executed accordingly and has the same effect to all intents and purposes as if made by the personal representative who made the sale, exchange, mortgage or lease of the real estate. -------- (RSMo 1939  166, A.L. 1955 p. 385  188, A.L. 1980 S.B. 637)  Prior revisions: 1929  167; 1919  166; 1909  175  Effective 1-01-81 
Effective - 28 Aug 1955   473.527. Taxes not liens in hands of transferee.  The lien of the state for estate taxes shall not extend to any interest acquired by a purchaser, mortgagee, or lessee through any transfer made by an executor or administrator under a power contained in a will or under order of the court. -------- (L. 1955 p. 385  189) 
Effective - 28 Aug 1987   473.530. Brokers', abstracting, and auctioneers' fees.  In connection with the sale, mortgage, lease or exchange of property, the court may authorize the executor or administrator to pay, out of the proceeds realized therefrom or out of the estate, the customary and reasonable auctioneers', brokers' and real estate sales fees or commissions, and any necessary expenses for abstracting, title insurance, survey, revenue stamps and other necessary costs and expenses in connection therewith. -------- (L. 1955 p. 385  190, A.L. 1987 H.B. 356) 
Effective - 28 Aug 1955   473.533. Platting of real estate.  Whenever in the opinion of the court, it is to the interest of the estate to divide any lands belonging to the estate into village or town lots, the court, upon application of the executor or administrator, may make an order causing the same to be done; and thereupon the executor or administrator shall cause a plat of the lands so ordered to be divided to be made according to the provisions of the statute concerning the plats of towns and villages, and submit the same to the court for its approval. Upon approval of the plat by the court, a copy of the order approving the same, properly certified, shall be endorsed thereon; and the plat, so endorsed, shall be deposited and recorded as authorized by law in other cases. -------- (RSMo 1939  177, A.L. 1955 p. 385  191)  Prior revisions: 1929  178; 1919  177; 1909  186 
Effective - 28 Aug 1955   473.537. Exchange of property.  Whenever it appears upon the petition of the executor or administrator or of any person interested in the estate to be to the best interests of the estate to exchange any real or personal property of the estate for other property, the court may authorize the exchange upon such terms and conditions as it may prescribe, which may include the payment or receipt of part cash by the executor or administrator. If personal property of the estate is to be exchanged, the proceedings required for the sale of such property shall apply so far as may be; if real property of the estate is to be exchanged, the procedure for the sale of such property shall apply so far as may be. -------- (L. 1955 p. 385  192) 
Effective - 01 Jan 1981   473.540. Settlements required, when.  1. Every personal representative shall file in the court a statement of his accounts with proper vouchers, for settlement at the following times, unless the court otherwise orders:  (1) Annually on the anniversary date of the date of letters until the administration is completed;  (2) At any other time when directed by the court either on its own motion or on application of any interested person.  2. Every personal representative shall file final settlement of his estate at the following times:  (1) On the first court day after the expiration of six months and ten days after the date of the first publication of notice of letters granted or as soon thereafter as administration is completed;  (2) Within ten days after revocation of his letters unless the court otherwise orders;  (3) Upon his application to resign and before his resignation is accepted.  3. A personal representative may in case of continuance of the final settlement pursuant to order of the court, file the final settlement at any time before the date to which it was continued. The court may, in its discretion, for good cause shown, extend the time for filing any intermediate or final settlement, or permit the late filing thereof, without penalty. -------- (RSMo 1939  213, A.L. 1955 p. 385  193, A.L. 1980 S.B. 637)  Prior revisions: 1929  214; 1919  213; 1909  222  Effective 1-01-81  CROSS REFERENCE:  Partition sale proceeds, distribution before settlement prohibited, 528.140 
Effective - 28 Aug 2009   473.543. Settlements, contents  vouchers for disbursement  evidence, checks and drafts.  1. Each settlement filed by a personal representative shall state the period for which it is made and, among other things, shall contain a just and true account of all moneys collected by such personal representative, the date when collected, from whom collected and on what account collected, whether on claims charged in the inventory or for property sold or otherwise; and it shall show the exact amount of principal and interest collected on each claim, and also the amount and date of each expenditure or distribution, and to whom and for what paid. Such settlement shall also show what interest has been obtained by the personal representative upon any funds in his or her hands, and when obtained, on what amounts, for what time and at what rate percent. Each expenditure of more than seventy-five dollars for which a personal representative claims credit in any settlement shall be supported by vouchers executed by the person to whom the disbursement was made or other documentation, such as an electronic copy of a check or a bank statement, which establishes to the court's satisfaction that the payment claimed in the settlement was actually made to the payee to whom it is claimed to have been made. The court has discretion to require documentation for expenditures of less than seventy-five dollars. Every settlement shall be signed by the personal representative.  2. When the law, local probate rule or practice requires the production of original cancelled checks or drafts as part of any interim or final settlements of any kind by personal representatives, conservators, or other persons, such information may be retained and reproduced in a form permitted under section 362.413; and, provided such information meets the requirements of section 362.413, no court may require the production of the original checks and drafts. -------- (RSMo 1939  213, A.L. 1955 p. 385  194, A.L. 1980 S.B. 637, A.L. 1996 S.B. 494, A.L. 1998 S.B. 792, A.L. 2009 H.B. 273)  Prior revisions: 1929  214; 1919  213; 1909  222 
Effective - 28 Aug 1971   473.550. Interest to be accounted for.  All interest received by executors or administrators on debts due to the decedent are assets in their hands. They shall not use the money of the decedent for their own private purposes. If they do so, they shall be liable to the estate for interest and any loss of principal. The deposit pursuant to section 473.337 of funds of the estate in the banking department of a banking institution which is the sole or joint executor or administrator may, however, be made in all cases in which such deposit would have been proper if such banking institution were not an executor or administrator of the estate. The court, at each settlement, shall exercise an equitable control in making executors and administrators account for interest, and for that purpose may take testimony or examine the executor or administrator on oath. -------- (RSMo 1939  222, 223, A.L. 1955 p. 385  196, A.L. 1971 S.B. 163)  Prior revisions: 1929  223, 224; 1919  222, 223; 1909  231, 232 
Effective - 01 Jan 1981   473.553. Settlement docket, contents.  The clerk of the court shall keep a docket and enter therein a list of all personal representatives, the date of their letters and the time at which they are required to file their settlements. -------- (RSMo 1939  214, A.L. 1955 p. 385  197, A.L. 1957 p. 829, A.L. 1980 S.B. 637)  Prior revisions: 1929  215; 1919  214; 1909  223  Effective 1-01-81 
Effective - 28 Aug 1955   473.557. Notice of time for settlement.  The clerk shall notify each executor or administrator by ordinary mail of the day on which each of his settlements is required to be filed at least forty days before such date. Failure to receive the notice herein required shall not excuse any executor or administrator from making settlement at the time required by law. -------- (L. 1955 p. 385  198) 
Effective - 28 Aug 1955   473.560. Failure to file settlement, citation.  If any executor or administrator fails to appear and file settlement on the day for which his settlement is docketed, the court shall continue the settlement to some future day and issue a citation to the executor or administrator requiring him to file settlement on the day to which the settlement is continued or show good cause, if any he has, why his settlement has not been filed and why his letters should not be revoked. The citation shall be served in the manner prescribed by the court in accordance with section 472.100. -------- (RSMo 1939  216, A.L. 1955 p. 385  199)  Prior revisions: 1929  217; 1919  216; 1909  225 
Effective - 28 Aug 1955   473.563. Settlement after citation, penalty.  If, after service of the citation, the executor or administrator appears and files his settlement he shall be fined for his failure to file settlement at the proper time in a sum not exceeding one hundred dollars, unless he satisfies the court that it was impracticable for him to file settlement. All fines shall be paid into the county treasury and the executor or administrator and his sureties are liable for the same upon their bonds. -------- (RSMo 1939  218, A.L. 1955 p. 385  200)  Prior revisions: 1929  219; 1919  218; 1909  227 
Effective - 28 Aug 1955   473.567. Failure to settle after citation, letters revoked.  If the executor or administrator fails to appear as required by the citation or, appearing, fails or refuses to file settlement, or to show cause why settlement should be continued, the court, in addition to the fine provided for in section 473.563, may revoke his letters and issue attachments or other process to compel final settlement, directed to any county in the state. In all such cases the delinquent shall pay costs. -------- (RSMo 1939  219, A.L. 1955 p. 385  201)  Prior revisions: 1929  220; 1919  219; 1909  228 
Effective - 01 Jan 1981   473.570. Settlement, payment of claims  apportionment where assets insufficient.  After every settlement, when the best interests of the estate require it, on application of any interested person, the court shall ascertain the amount of money of the estate which has come to the hands of the personal representative from all sources and the amount of claims allowable against the estate, and may order the payment of the claims so allowable. If it appears that there is not sufficient assets to pay the whole of the debts and expenses of administration, the court may apportion, in accordance with the provisions of this law, among the creditors that percentage of their claims as appears will not adversely affect the rights of other creditors or the payment of administration expenses. The court may order that the personal representative pay the claims allowable against the estate according to the apportionment, reserving sufficient assets to pay expected claims and also reserving apportionments made on claims which remain undecided until decision is had thereon. -------- (RSMo 1939  224, A.L. 1955 p. 385  202, A.L. 1980 S.B. 637)  Prior revisions: 1929  225; 1919  224; 1909  233  Effective 1-01-81 
Effective - 28 Aug 1955   473.573. Creditor may have execution, when.  If an executor or administrator fails to pay any claim ordered to be paid, in accordance with an order under section 473.570 when demanded, the clerk of the court, on application of the creditor, and being satisfied that the demand has been made, shall issue execution for the amount ordered to be paid, and costs, against the property, goods and chattels and real estate of the executor or administrator. -------- (RSMo 1939  226, A.L. 1955 p. 385  203)  Prior revisions: 1929  227; 1919  226; 1909  235 
Effective - 28 Aug 1955   473.577. Scire facias against sureties, when.  If an execution is returned unsatisfied, the creditor may sue out of the court a scire facias against any one or more of the sureties of the executor or administrator, referring to the bond, the order of payment, the execution and return, and requiring the surety to show cause why judgment should not be rendered against him for the amount ordered to be paid and still unsatisfied. -------- (RSMo 1939  227, A.L. 1955 p. 385  204)  Prior revisions: 1929  228; 1919  227; 1909  236 
Effective - 28 Aug 1955   473.580. Proceedings on scire facias.  The scire facias may be directed to and served in any county in this state, and if, upon return thereof, good cause to the contrary is not shown, the court shall render judgment against the surety for the amount unpaid and costs and award execution therefor. -------- (RSMo 1939  228, A.L. 1955 p. 385  205)  Prior revisions: 1929  229; 1919  228; 1909  237 
Effective - 28 Aug 1955   473.583. Petition for final settlement and distribution.  At the time of filing of a final settlement the executor or administrator shall petition the court to allow and approve his settlement and if the estate is in a proper condition to be closed, he shall also petition the court for an order authorizing him to distribute the estate, and shall specify in the petition the persons to whom distribution is to be made and the proportions or parts of the estate to which each is entitled. -------- (L. 1955 p. 385  206) 
Effective - 10 Jun 1981   473.587. Notice of final settlement.  When an estate is in a condition to be closed before filing his final settlement and petition for distribution, the personal representative shall give, or cause to be given, at least twenty-nine days' notice by publication in the manner provided by section 472.100 stating (1) that he will file final settlement and petition for distribution on a date certain or as continued by the court, and (2) that objections to the final settlement or petition for distribution shall be in writing and filed within twenty days from the date the final settlement is filed. The notice shall be published once a week for four consecutive weeks, the last publication to be at least seven days prior to the date specified therein for filing of the settlement. At least fifteen days before the date specified in the published notice the personal representative shall give, or cause to be given, the same notice by ordinary mail to each heir and devisee then interested in the estate whose name and address is disclosed by the court records, and who has not, in writing, waived such notice. Prior to the approval of the final settlement, proof of service as provided in section 472.110 and any written waivers shall be filed. -------- (L. 1955 p. 385  207, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117)  Effective 6-10-81  (1962) Administrator was guilty of breach of trust and properly removed where estate was grossly mismanaged and could have been settled in 2 years but was delayed for 7 years, during which time only 3 settlements were filed though no extension of time was obtained. Credits were properly disallowed for expenses caused by administrator's mismanagement and delay. In re Alexander's Estate (Mo.), 360 S.W.2d 92.
Effective - 01 Jan 1981   473.590. Objections to settlement, when filed  form  hearing  approval.  Within twenty days after the filing of the final settlement and petition for distribution, or such longer time as may be ordered by the court, any interested person may file written objections thereto. The court may receive and file a final settlement before the date specified in the published notice, or before the date to which the settlement was continued, but in case of such premature filing the twenty-day period for filing objections shall run from the date specified in the published notice or the date to which the settlement was continued, as the case may be. The objections must be in writing and clearly state the specific grounds of objection and the modification desired. If no objections are filed, the court may approve the final settlement and order distribution as prayed, without hearing if it deems such action proper. If objections are filed, or if the court does not deem it proper to approve the final settlement and order distribution as prayed without hearing, a hearing on the matter shall be had. -------- (L. 1955 p. 385  208, A.L. 1980 S.B. 637)  Effective 1-01-81  (1972) If an interested person, within ten days after filing of a final settlement requests additional time to file his written objections the court may grant such extension. In re Estate of Schmer (Mo.), 485 S.W.2d 682.
Effective - 28 Aug 1955   473.593. Credit for uncollectible debts shown in inventory.  At his final settlement, the court shall give credit to the executor or administrator for any debt charged in the inventory as due to the estate, if the court is satisfied that the debt was not really due to the estate, or that it had been balanced or reduced by offsets in any court of competent jurisdiction, or that the debtor was insolvent, or that from any other cause it was impossible for the executor or administrator to have collected the claim by the exercise of due diligence. -------- (RSMo 1939  231, A.L. 1955 p. 385  209)  Prior revisions: 1929  232; 1919  231; 1909  240 
Effective - 28 Aug 1955   473.597. Conclusiveness of order approving final settlement.  Upon the approval of the final settlement of an executor or administrator, the executor or administrator and his sureties, subject to the right of appeal and to the power of the court to vacate its final orders, shall be relieved from liability for the administration of his trust prior to his final settlement, including liability with respect to the investment of the assets of the estate. The court may disapprove the final settlement in whole or in part and surcharge the executor or administrator for any loss caused by any breach of duty. -------- (L. 1955 p. 385  210) 
Effective - 28 Aug 1955   473.600. Accounting for assets received and disbursed after final settlement.  Receipts and disbursements of the executor or administrator, subsequent to the filing of his final settlement, shall be reported to the court before discharge. A settlement thereof, together with an estimate of the expenses of closing the estate, shall be made by the court and included in the order of distribution, or the court may treat the statement as a supplementary settlement and act on the same with or without notice but, if the court determines that notice is required or the executor or administrator or his sureties so request, notice shall be given in the manner prescribed by the court. -------- (L. 1955 p. 385  212) 
Effective - 28 Aug 1983   473.603. Settlement on death, resignation, or removal of personal representative.  1. If a personal representative dies, resigns, becomes legally disabled or his letters are revoked, he or his legal representatives or conservator shall file final settlement and shall account for, pay and deliver to his successor, or to the surviving or remaining personal representative all money and property of every kind, and all rights, credits, deeds, evidences of debt and such papers of every kind of the decedent, at such time and in such manner as the court orders. The final settlement may be made and approved without notice or after giving notice to the persons and in the manner directed by the court.  2. If a deceased personal representative leaves no estate subject to administration, and letters are issued to his personal representative solely for the purpose of making settlement under this section, the cost in the court proceeding in which letters are issued to the personal representative of the deceased personal representative shall be taxed in the estate of which he was personal representative; and, in the administration proceeding in the estate of the deceased personal representative there need be no publication as required by section 473.033. -------- (RSMo 1939  48, A.L. 1955 p. 385  213, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  48; 1919  47; 1909  55 
Effective - 28 Aug 1983   473.607. Proceedings to compel settlement  judgment, enforcement.  1. On the application of any successor or surviving personal representative or of any interested person the court may order any personal representative or his legal representatives or any other person to file any final settlement required by this law or by the order of the court, and may attach and commit for contempt any person who fails to file the settlement within the time fixed by the court until he complies with the order of the court.  2. The court, on the application of any successor or surviving personal representative or of any interested person, may also ascertain what quantity and kind of property of the decedent was in the hands of a personal representative who has failed to file his final settlement as required by this law or by the order of the court, or whose personal representative or conservator has failed to file settlement and may render judgment against the personal representative and his sureties therefor. The judgment may be enforced by execution or, in case delivery of specific property or papers is required, by attachment and commitment of his person until delivery is made.  3. An application filed under this section shall be set for hearing and at least ten days' notice of the time and place of the hearing thereon shall be given all parties affected thereby, by the clerk, and shall be served in the manner directed by the court in accordance with section 472.100. -------- (L. 1955 p. 385  214, A.L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 1955   473.610. Distribution, when required.  Executors and administrators shall not be compelled to make distribution or pay legacies until six months after the date of the letters, unless the legacies specified would be perishable, or subject to injury if retained six months. -------- (RSMo 1939  235, A.L. 1955 p. 385  215)  Prior revisions: 1929  236; 1919  235; 1909  244 
Effective - 28 Aug 1985   473.613. Partial distribution.  1. Subject to the provisions of section 473.618, upon application of the executor or administrator at any time, or on application of any distributee after the expiration of six months from the date of letters, the court may order the executor or administrator to deliver to any distributee any specific real or personal property, or the possession thereof, to which he is entitled or may decree partial distribution if the court believes that other distributees and claimants are not prejudiced thereby. Within a reasonable time after distribution of property under an order or decree made on application of the executor or administrator and before the decree of final distribution, or at any time before the decree of final distribution if partial distribution was not made on application of the executor or administrator, the court may order the distributee to return all or a part of the property or the value thereof. But no order of return shall be made unless application therefor is filed within the time prescribed by section 473.637 and for the purposes therein provided or for other proper purpose.  2. The partial distribution under this section may be decreed with or without notice to interested parties, as ordered by the court. A decree of partial distribution made after notice to interested persons is as conclusive as a decree of final distribution with respect to the estate distributed except to the extent that other distributees and claimants are deprived of the fair share or amount which they would otherwise receive on final distribution.  3. Before partial distribution is made, the court, upon the request of the executor or administrator, shall require that security be given for the return of the property so distributed to the extent necessary to satisfy the interest of any distributee or claimant prejudiced by the distribution. If partial distribution is made without such request for security, the executor or administrator and his sureties are liable for any loss or damage sustained by any interested party as a result thereof. -------- (L. 1955 p. 385  216, A.L. 1957 p. 829, A.L. 1985 S.B. 35, et al.)  (1984) Refusal to approve a petition for partial distribution is not a final judgment and therefore not appealable. Matter of Estate of Pilla (Mo. App.E.D.), 674 S.W.2d 658.
Effective - 28 Aug 1985   473.617. Decree of final distribution.  1. After the expiration of the time limit for the filing of claims, the executor or administrator, if the estate is in a condition to be closed, shall file his final settlement and at the same time petition the court to decree the final distribution of the estate.  2. In its decree of final distribution, the court shall designate the persons to whom distribution is to be made, and the proportions or parts of the estate, or the amounts, to which each is entitled under the will and the provisions of this law, including the provisions regarding advancements, election by the surviving spouse and minor children, lapse, renunciation and equitable retainer or setoff. Every tract of real property so distributed shall be specifically described therein. The decree shall find that the estate is in a condition to be closed; and if all claims have been paid, it shall so state; otherwise the decree shall state that all claims except those therein specified are paid and shall describe the claims for the payment of which a special fund is set aside, and the amount of the fund; if any contingent claims which have been duly allowed are still unpaid and have not become absolute, such claims shall be described in the decree, which shall state whether the distributees take subject to them. If a fund is set aside for the payment of contingent claims, the decree shall provide for the distribution of such fund in the event that all or a part of it is not needed to satisfy the contingent claims. If a decree of partial distribution has been previously made, the decree of final distribution shall expressly confirm it, or, for good cause, shall modify the decree and state specifically what modifications are made.  3. If a distributee dies before distribution to him of his share of the estate, his share may be distributed to the executor or administrator of his estate, if there is one; or if no administration on his estate is had and none is necessary according to the provisions of sections 473.090 to 473.107, the share of the distributee shall be distributed in accordance therewith.  4. The decree of final distribution is a conclusive determination of the persons who are the successors in interest to the estate of the decedent and of the extent and character of their interests therein, subject only to the right of appeal and the right to reopen the decree. It operates as the final adjudication of the transfer of the right, title and interest of the decedent to the distributees therein designated; but no transfer before or after the decedent's death by an heir or devisee shall affect the decree, nor shall the decree affect any rights so acquired by grantees from the heirs or devisees.  5. Whenever the decree of final distribution includes real property, a certified copy thereof shall be recorded by the executor or administrator in every county of this state in which any real property distributed by the decree is situated. The cost of recording the decree shall be charged to the estate.  6. Subject to the provisions of section 473.618, the personal representative shall make prompt distribution of the assets of the estate after entry of any order of distribution. -------- (L. 1955 p. 385  217, A.L. 1985 S.B. 35, et al.) 
Effective - 01 Jul 1997   473.618. Notice to judgment creditors of distribution  contents of request.  1. Any judgment creditor of a distributee desiring notice of any partial or final distribution or both, may, at any time subsequent to the granting of letters testamentary or of administration, file with the clerk of the probate division of the circuit court having jurisdiction a duly acknowledged request for such notice and shall cause a copy of the request to be served upon the personal representative administering the estate or upon such representative's attorney of record. The request shall specify the name and address of the judgment creditor, the name of the debtor-distributee and the identity of the estate. A separate request shall be filed for each judgment creditor of a distributee desiring notice. After the serving and filing of any such request, any distributee mentioned in the request may be referred to as a "debtor-distributee".  2. No partial or final distribution shall be made by a supervised or independent personal representative to a debtor-distributee after the serving and filing of any such request until at least twenty days after such representative has caused to be deposited in the United States mail an envelope certified or registered, and with postage fully prepaid, enclosing a notice of the distribution and the date when such distribution will be made, addressed to each person whose name and address is set forth in a request served and filed as provided in subsection 1 of this section. Actual receipt by the addressee of the envelope shall not be necessary to establish compliance with the requirements of this section. The receipt issued by the United States Post Office for certified or registered mail to evidence that the envelope has been delivered by the personal representative to the United States Post Office shall constitute proof of compliance with the notice requirements of this section. Any distribution made by any personal representative to a debtor-distributee prior to the time specified in the notice required by this subsection shall not discharge such representative as against a garnishment, attachment or other judicial process with respect to such debtor-distributee which is served upon such representative or upon such representative's attorney of record by or in behalf of any judgment creditor who has served and filed a request as described in subsection 1 of this section if such distribution is made after the serving and filing of such request by such judgment creditor and if such garnishment, attachment or other judicial process is served upon such personal representative or such representative's attorney of record prior to the scheduled date of such distribution. -------- (L. 1985 S.B. 35, et al., A.L. 1996 S.B. 869)  Effective 7-01-97 
Effective - 28 Aug 1955   473.620. Order in which assets are appropriated  abatement.  1. When it is necessary that there be an abatement of the shares of the distributees, they shall, subject to the provisions of the will, abate, without any preference or priority as between real and personal property, in the following order:  (1) Property not disposed of by the will;  (2) Residuary devises;  (3) General legacies;  (4) Specific devises. A general legacy charged on any specific property or fund for the purposes of this section is deemed property specifically devised to the extent of the value of the thing on which it is charged. Upon the failure or insufficiency of the thing on which it is charged, it is deemed a general legacy to the extent of such failure or insufficiency.  2. Subject to the provisions of the will, and to section 473.623, devises of the same class shall abate proportionately.  3. If the provisions of the will or the testamentary plan or the express or implied purpose of the devise would be defeated by the order of appropriation and application prescribed by subsection 1 hereof, the property of the testator shall be apportioned in the manner found necessary to give effect to the intention of the testator. -------- (L. 1955 p. 385  218)  (1984) In determining how the surviving spouse's election to take against the will affects the distribution of the rest of the estate when the testator has not specified what is to happen, the court held that the legislature did not intend for the abatement statute to apply to an election to take against the will. Wilkinson v. Brune (Mo. App. E.D.), 682 S.W.2d 107.
Effective - 02 Jan 1979   473.623. Contribution between devisees.  When it is necessary under the provisions of section 473.620 that there be an abatement of specific devises, whether of real or personal property, the court may by order determine the manner in which such abatement shall be accomplished, so that the burden of such abatement will be borne by all specific devisees proportionately according to the value of their respective specific devises, and if any specific devise is sold or applied to accomplish such abatement, the other specific devisees shall be obligated to contribute the respective amounts necessary so that the burden of such abatement will be borne proportionately as provided in this section. The court in its order shall determine the respective amounts to be so contributed and the same may be recovered by the executor or administrator or by the devisees entitled thereto. -------- (L. 1955 p. 385  219, A.L. 1978 H.B. 1634)  Effective 1-02-79 
Effective - 28 Aug 1955   473.627. Advancements to be determined.  All questions of advancements made, or alleged to have been made by an intestate to any heir may be heard and determined by the court at the time of the hearing on the petition for final distribution or at any time prior thereto. The amount of every advancement shall be specified in the decree of final distribution. -------- (L. 1955 p. 385  220) 
Effective - 28 Aug 1955   473.630. Right of retainer.  When a distributee of an estate is indebted to the estate, the amount of the indebtedness if due, or the present worth of the indebtedness, if not due, may be treated as an offset by the executor or administrator against any testate or intestate property, real or personal, of the estate to which such distributee is entitled. An offset hereunder shall be treated as if made as of the time of the death of the decedent and interest shall be adjusted accordingly. -------- (L. 1955 p. 385  221) 
Effective - 28 Aug 1985   473.633. Interest on general legacies.  1. All legacies, other than residuary ones or chattels, shall bear interest from twelve months after the date of the death of the testator at a rate equal to that allowed by law on money due upon order of the court. If the court finds that the legacies cannot be paid without jeopardizing the rights of interested parties because of litigation or other circumstances, the court shall determine what rate of interest, if any, not exceeding the rate allowed by law on money due upon order of the court, shall be allowed, after taking into consideration the income of the estate.  2. The yield on written instruments, shares of corporate stock and similar securities specifically devised shall be deemed a part of the legacy and shall be turned over to the legatee. -------- (RSMo 1939  237, A.L. 1955 p. 385  222, A.L. 1985 S.B. 35, et al.)  Prior revisions: 1929  238; 1919  237; 1909  246 
Effective - 28 Aug 1955   473.637. Distributees to refund, when  judgment.  If after the payment of the legacies or distributions, it becomes necessary that the same, or any part thereof, be refunded for the payment of claims, the court on application filed within five years from the payment of the legacies or distributions shall apportion the same among the legatees or distributees, according to the amount received by them, except that specific legacies are not required to be refunded unless the residue is not sufficient to satisfy the claims. If any legatee or distributee fails to refund, according to the order, on motion of the executor or administrator, the court shall, after ten days' notice in writing has been given to the legatee or distributee, enter judgment for the amount apportioned to him. -------- (RSMo 1939  246, A.L. 1955 p. 385  223)  Prior revisions: 1929  247; 1919  246; 1909  255 
Effective - 28 Aug 1959   473.640. Partition of personal property in kind.  If personal property which is to be distributed may be divided in kind, the court may order a partition thereof among the parties entitled; and for that purpose the court may appoint not more than three commissioners, disinterested and of no kin to the parties, who, after making affidavit that they will honestly and impartially discharge the trust reposed in them, shall make partition as equal in kind as the value and numbers of the articles of property will admit and report their proceedings to the court at a time fixed by the court. The court shall consider all objections to the report and may approve or modify the report and order partition accordingly or it may reject the report and proceed to make partition or appoint new commissioners as often as necessary to accomplish an equitable partition which will meet the approval of the court. -------- (RSMo 1939  239, A.L. 1955 p. 385  224, A.L. 1959 S.B. 141)  Prior revisions: 1929  240; 1919  239; 1909  248 
Effective - 28 Aug 1983   473.643. Property sold to effect partition, when.  1. If personal property cannot be divided in kind with advantage to the distributees, and it is not to their advantage that the same be sold by the personal representative, then, upon the application of a majority of those entitled to distribution, the court may order the same to be delivered to such person as they designate, in which selection minors shall act by their conservator, who shall proceed to collect, by suit or otherwise, all notes, accounts and choses in action so received in the name of the distributees, and dispose of all property so coming into his possession or under his control to their best interest, collecting the proceeds thereof, and distribute all moneys realized to the parties entitled thereto.  2. Such person, in the discretion of the court, may be required to give bond to the state of Missouri, with good securities, in such sum as the court may deem proper, for the faithful discharge of his duty, and for payment of parties entitled thereto of all moneys collected.  3. The party may be discharged from the trust upon his application, or upon the application of a majority of the heirs, when it appears to the court that it is not for the best interest of distributees that the trust be continued. -------- (RSMo 1939  240, A.L. 1955 p. 385  225, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  241; 1919  240; 1909  249 
Effective - 01 Jan 1981   473.647. Notice of application for partition.  Each person entitled to partition of personal property, not applying therefor, shall be notified, in writing, of the application ten days before the order is made. -------- (RSMo 1939  241, A.L. 1955 p. 385  226, A.L. 1980 S.B. 637)  Prior revisions: 1929  242; 1919  241; 1909  250  Effective 1-01-81 
Effective - 28 Aug 1955   473.650. Distributee may credit share against purchase price, when.  If a distributee becomes a purchaser of the property at a sale for the purpose of making distribution, his receipt for the amount of his share shall be received in payment of an equal amount of the purchase money, and the court shall allow the amount of such receipt as so much distributed under the order of court. -------- (RSMo 1939  243, A.L. 1955 p. 385  227)  Prior revisions: 1929  244; 1919  243; 1909  252 
Effective - 28 Aug 1955   473.653. Proceedings to compel distribution.  When an order is made by the court upon an executor or administrator to pay over money to the widow, heirs, legatees or distributees of an estate, and he fails to make such payment, the same proceedings may be had against him and his sureties to compel payment as are authorized in cases where an executor or administrator fails when ordered to pay claims allowed against an estate. -------- (RSMo 1939  245, A.L. 1955 p. 385  229)  Prior revisions: 1929  246; 1919  245; 1909  254 
Effective - 28 Aug 2011   473.657. Distribution.  1. Distribution to a distributee may be made to the distributee or to a person holding a power of attorney properly executed by the distributee in accordance with the law of the place of execution, or to the distributee's personal representative, guardian, or conservator.  2. Distribution may be made to the trustees of a trust account established pursuant to sections 402.199 to 402.208 if the court finds that the distributee qualifies as a life beneficiary under subdivision (1) of section 402.200 and that such distribution would be in the best interest of the distributee as prescribed by section 475.093. -------- (RSMo 1939  251, A.L. 1955 p. 385  230, A.L. 1983 S.B. 44 & 45 merged with H.B. 369, A.L. 1996 S.B. 494 merged with S.B. 768, A.L. 1999 S.B. 211, A.L. 2011 S.B. 70)  Prior revisions: 1929  252; 1919  251 
Effective - 01 Jan 1981   473.660. Discharge of personal representative.  Upon the filing of receipts or other evidence satisfactory to the court that distribution has been made as ordered in the final decree, the court shall enter an order of discharge. The discharge so obtained operates as a release from the duties of personal representative and operates as a bar to any suit against the personal representative and his sureties unless the suit is commenced within one year from the date of the discharge. Nothing in this section shall be construed to change the effect of an order approving final settlement as provided in section 473.597. -------- (L. 1955 p. 385  228, A.L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 2015   473.663. No administration within one year after death and no will probated, interested party may petition  contents of petition  notice.  1. If a person has died leaving property or any interest in property in this state and if no administration has been commenced on the estate of such decedent in this state within one year after the date of decedent's death, and if no written will of such decedent has been presented for probate in this state within the time period provided in subsection 3 of section 473.050, then any person claiming an interest in such property as heir or through an heir may file a petition in the probate division of the circuit court which would be of proper venue for the administration of the estate of such decedent to determine the heirs of the decedent at the date of the decedent's death and their respective interests or interests as heirs in the estate. The petition shall include all of the following known by, or can with reasonable diligence be ascertained by, the petitioner:  (1) The name, age, domicile, last residence address and the fact and date of death of the decedent;  (2) The names, relationship to the decedent and residence addresses of the heirs of the decedent at the time of the decedent's death;  (3) The names and residence addresses of any persons claiming through an heir of the decedent when such heir has died after the decedent;  (4) A particular description of the property of the decedent in this state with respect to which the determination is sought and the value of such property.  2. Upon the filing of the petition, the court shall set the time for the hearing of the petition, notice of which shall be given to:  (1) All persons known or believed to claim any interest in the property as heir or through an heir of the decedent;  (2) All persons who may at the date of the filing of the petition be shown by the records of conveyances of the county in which any real property described in such petition is located to claim any interest in such real property through the heirs of the decedent; and  (3) Any unknown heirs of the decedent.  3. The notice shall be given by publication by publishing the notice once each week for four consecutive weeks, the last insertion of publication to be at least seven days before the date set for the hearing. In addition, notice under subdivision (1) of subsection 2 of section 472.100, or notice by registered or certified mail, as the court shall direct, shall be given to every person named in the petition whose address is known to the petitioner.  4. Upon the hearing of the petition, the court shall make a decree determining the person or persons entitled to the property with respect to which a determination is sought, and their respective interest in the property as heirs or successors in interest to such heirs. The decree is conclusive evidence of the facts determined in such decree as against all parties to the proceedings.  5. A certified copy of the decree shall be recorded at the expense of the petitioner in each county in which any real property described in the decree is situated.  6. This section shall apply to those persons whose deaths occur on or after July 13, 1989. -------- (L. 1955 p. 385  231, A.L. 1957 p. 829, A.L. 1971 S.B. 85, A.L. 1982 S.B. 497, A.L. 1989 H.B. 145, A.L. 1996 S.B. 494, A.L. 2015 S.B. 340) 
Effective - 01 Jan 1981   473.665. Definitions.  As used in sections 473.665 to 473.694:  (1) "Local administration" means administration by a personal representative appointed in this state pursuant to proceedings described in this chapter;  (2) "Local personal representative" includes any personal representative appointed in this state pursuant to appointment proceedings described in this chapter, and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to section 473.677;  (3) "Resident creditor" means a person domiciled in, or doing business in, this state, who is, or could be, a claimant against an estate of a nonresident decedent. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1957   473.668. Administration of estate of nonresident decedent as original proceeding.  Administration proceedings and other procedures in this state with respect to property, tangible or intangible, of a nonresident decedent which is within the jurisdiction of this state are original proceedings or procedures conducted under the authority of this state solely, and are independent of and not ancillary to proceedings or procedures in any other state or country, and shall be had and conducted in this state as if the decedent were a resident, subject to and supplemented by the provisions in sections 473.671 to 473.694. -------- (L. 1957 p. 860  1) 
Effective - 28 Aug 1957   473.671. Jurisdiction of property  situs of intangibles.  The courts of this state have jurisdiction over all tangible and intangible property of a nonresident decedent having a situs in this state. For the purpose of such jurisdiction it is recognized as to other states and countries, and declared with respect to this state, that the situs of debts, rights and choses in action which are embodied in legal instruments such as stock certificates, bonds, negotiable instruments, insurance policies payable to an estate and other similar items is in that state or country in which such legal instruments are located, so that whatever state or country has jurisdiction of such instruments has, and of right ought to have, jurisdiction to administer upon or otherwise direct the disposition of the debts, rights and choses in action which they embody, or voluntarily relinquish such jurisdiction to other states and countries. For such purpose the situs of other debts, rights and choses in action is where the debtor is found. -------- (L. 1957 p. 860  2) 
Effective - 01 Jan 1981   473.675. Applicability of law to estate of nonresident decedent  exceptions.  The law of this state respecting proceedings, procedures and substantive rights relating in any way to the property in this state of a nonresident decedent and its disposition, including by way of illustration, but not limited to, all matters relating to (i) the commencement and conduct of an administration, (ii) distributions during or at the conclusion of an administration, (iii) any trust created under the will of a nonresident decedent, shall apply as if the decedent had been a resident of this state, subject to the following:  (1) Nothing in sections 473.668 to 473.694 shall be deemed to affect:  (a) Methods of proving foreign wills or the admissibility of such wills to probate or to record;  (b) The rights of a surviving spouse electing to accept or take against the will of a nonresident decedent, or the method of such election;  (c) The right of a person to take as a pretermitted heir or otherwise against the will of a nonresident decedent;  (d) The effect of divorce or the birth of a child as working or not working a revocation or partial revocation of the will of a nonresident;  (e) The effect of the contest in another jurisdiction of the will of a nonresident decedent upon its validity in Missouri;  (f) The applicability of any law in determining the validity of the execution of the will of a nonresident decedent;  (g) The determination of the ultimate burden of estate taxes imposed by reason of the death of a nonresident decedent;  (2) Real property of an intestate nonresident decedent descends according to the laws of this state, and his personal property devolves to his heirs or next of kin determined in accordance with the laws of the state or country of his domicile;  (3) Support and family allowances to surviving spouses and unmarried minor children are governed by the more liberal (to them) of the laws of the decedent's domicile and the laws of this state; but the court of this state in making such allowance and in ruling on applications for orders of refusal of letters of administration shall take into account any allowance which may be made in other jurisdictions and satisfied from property therein.  (4) Notwithstanding the requirements of this section that distributions during or at the conclusion of an administration shall be made as if the decedent were a resident, if the court finds that hardship to a foreign creditor would result therefrom or that the best interests of all persons having an interest in the estate would be forwarded by making a distribution to a foreign personal representative, the court may, in its discretion, order such distribution to the extent it finds necessary to avoid such hardship or to forward such interests.  (5) If the aggregate of liabilities of the estate in all jurisdictions exceeds its aggregate assets, the court shall order distribution, as far as practicable, so that all the creditors of decedent's estate, here and elsewhere, may receive a share in proportion to their respective obligations, with regard being given to any preferential rights determined by the court. To this end, distribution to a foreign personal representative may be ordered if all creditors whose claims have been allowed in the administration in this state shall have received their just proportions that would be due to them if the whole of the estate of the decedent, wherever found, were divided among all creditors in proportion to their respective obligations, after applying Missouri law respecting preferences to different species of obligations, and if and to the extent that the court finds such preference to be equitable under all the circumstances of the particular case. -------- (L. 1957 p. 860  3, A.L. 1980 S.B. 637)  Effective 1-01-81  (1959) Evidence held to establish domicile in state of Louisiana by prior resident of this state who had died, for the purpose of determining where his estate should be dispersed. In re Toler's Estate (Mo.), 325 S.W.2d 755. (1967) This section was intended to apply to generally recognized statutes of limitations, and was not intended to cause the nonclaim statute of the state in which a claim arose to become the applicable Missouri law upon presentation of such claim in Missouri probate proceedings. Owens v. Estate of Saville (Mo.), 409 S.W.2d 660.
Effective - 01 Jan 1981   473.676. Filing of copy of appointment of domiciliary foreign personal representative, when.  If no local administration, or application or petition therefor, is pending in this state, a domiciliary foreign personal representative may file with a probate division of the circuit court in this state, in a county in which property belonging to the decedent is located, authenticated copies of his appointment and of any official bond he has given. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981, 2 histories   473.677. Domiciliary foreign personal representative, powers, duties and obligations.  A domiciliary foreign personal representative, who has complied with section 473.676, may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state, subject to any conditions imposed upon nonresident parties generally. When acting in this state under this authority, a domiciliary personal representative has the duties and obligations of a local personal representative, except that he may pay or deliver personal property under section 473.691. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981   473.678. Power of domiciliary foreign personal representative, when executed  termination of powers  substitution of local personal representative, when.  The power of a domiciliary foreign personal representative under section 473.677 or 473.691 shall be exercised only if there is no administration, or application therefor, pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under section 473.677, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative acquires all the rights, and is subject to all duties and obligations, which have accrued by virtue of the exercise of the powers by the foreign personal representative, and may be substituted for him in any action or proceedings in this state. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981   473.682. Priority of personal representative appointed by court of decedent's domicile  exceptions.  A personal representative appointed by a court of the decedent's domicile has priority over all other persons for appointment as local personal representative, except where the decedent's will nominates different persons to be personal representative in this state and in the state of domicile. The domiciliary personal representative may nominate another, who shall have the same priority as the domiciliary personal representative. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981   473.685. Foreign personal representative subject to jurisdiction of courts of state, when.  A foreign personal representative submits himself to the jurisdiction of the courts of this state by:  (1) Filing authenticated copies of his appointment as provided in section 473.676;  (2) Receiving payment of money or taking delivery of personal property under section 473.691; or  (3) Doing any act as a personal representative in this state which would have given the state jurisdiction over him as an individual. Jurisdiction under subdivision (2) is limited to the money or value of personal property collected. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981, 2 histories   473.687. Foreign personal representative also subject to court's jurisdiction to same extent as decedent prior to death.  In addition to jurisdiction conferred by section 473.685, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately prior to death. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981   473.689. Service of process on foreign personal representative, how made.  1. Service of process may be made upon a foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address. Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this state on either the foreign personal representative or his decedent immediately prior to death.  2. If service is made upon a foreign personal representative as provided in subsection 1, he shall be allowed at least thirty days within which to appear or respond. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1967   473.691. Debtor or custodian may pay or deliver personal property to foreign representative, when.  Any person, firm or corporation upon whom no demand has been made by a personal representative or other person authorized by this state to collect a nonresident decedent's personal property may, at any time sixty days or more after his death, transfer, pay or deliver personal property of the nonresident decedent to the foreign personal representative or, if none, to such other person as may be entitled thereto, under the laws of said foreign state, and shall not be liable for the debts of or claims against the nonresident decedent or his estate by reason of having made the transfer, payment or delivery. -------- (L. 1957 p. 861  6, A.L. 1959 S.B. 335, A.L. 1967 p. 643) 
Effective - 01 Jan 1981   473.692. Adjudication against any personal representative of estate binding on local personal representative.  An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1971   473.694. Effect of law on reciprocal corporate fiduciaries law.  Nothing in sections 473.668 to 473.694 authorizes any "foreign corporation", as the term is defined in section 362.600, to act in any fiduciary capacity except as such foreign corporation is expressly permitted so to act by the provisions of section 362.600. -------- (L. 1957 p. 860  7, A.L. 1971 S.B. 163) 
Effective - 28 Aug 2002   473.697. Letters of administration for persons absent for five or more years  application  notice  hearing.  Whenever application shall be made to any probate division for letters of administration upon the estate of any person supposed to be dead, because of the absence of such person for five consecutive years from the place of his last known domicile within this state, or because such person was exposed to a specific peril of death due to a terrorist event, or because, having been a resident of this state, such person has heretofore gone from and has not returned to this state for five consecutive years, or, because, having been such resident of this state, such person shall hereafter go from and shall not return to this state for five consecutive years, or, because being a resident of this state, such person shall have so concealed or conducted himself within this state that he shall not have been heard of for five consecutive years by the judge of the probate division having jurisdiction of his estate, or by the persons interested therein, then said court, if satisfied that the applicant would be entitled to such letters if the supposed decedent were in fact dead, shall cause a notice to such supposed deceased person to be published in a newspaper, published in the county, once a week for four consecutive weeks, setting forth the fact that such application has been made, together with notice that on a day certain, which shall be at least two weeks after the last publication of such notice, the court will hear evidence concerning the alleged absence of the supposed decedent, and the circumstances and duration thereof. The persons applying for such letters of administration shall file a petition stating the facts upon which such application is based and the place where such supposed deceased person resided when last heard from by him or by any person within his knowledge. -------- (RSMo 1939  264, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 2002 S.B. 712)  Prior revisions: 1929  265; 1919  264; 1909  271  CROSS REFERENCE:  Presumption of death, when, 490.620 
Effective - 28 Aug 1939   473.700. Who may testify.  At the hearing the court shall receive such legal evidence as shall be offered, for the purpose of ascertaining whether the presumption of death is established; and no person shall be disqualified to testify by reason of his or her relationship as husband or wife to the supposed deceased, or by reason of his or her interest in the estate of the person supposed to be dead. -------- (RSMo 1939  265)  Prior revisions: 1929  266; 1919  265; 1909  272 
Effective - 28 Aug 1939   473.703. Publication of finding  time for rebuttal.  If satisfied, upon such hearing, that the legal presumption of death is established, the court shall so declare and it shall forthwith cause notice thereof to be published once a week for four consecutive weeks, in a newspaper published in the county, and also, if the court shall find that such supposed decedent resided in or was possessed of property located in any county in this or any other state at a time subsequent to his residence in the county in which applications are made, the notice of such publication shall be published in like manner in such other county. Such notice shall require the supposed decedent, if alive, or any other person for him, to produce to the court, within twelve weeks from the date of the last publication thereof, satisfactory evidence of the fact that he is still living; provided, that where publication is made in a daily newspaper, publication for each week after the first shall fall on the corresponding day of the week as did the first publication. -------- (RSMo 1939  266)  Prior revisions: 1929  267; 1919  266; 1909  273 
Effective - 02 Jan 1979   473.707. Issuance of letters, when.  If, within such period of twelve weeks, evidence shall not be offered satisfactory to the court that said supposed decedent is in fact still living, then it shall be the duty of the court to issue letters of administration to the party entitled thereto; and said letters, until revoked, and all acts done in pursuance thereof and in reliance thereupon, shall be as valid as if the supposed decedent were in fact dead. -------- (RSMo 1939  267, A.L. 1978 H.B. 1634)  Prior revisions: 1929  268; 1919  267; 1909  274  Effective 1-02-79 
Effective - 02 Jan 1979   473.710. Revocation of letters, when  effect  procedure.  The court may revoke said letters of administration at any time, upon satisfactory proof that the supposed decedent is in fact alive. After such revocation all the powers of the administrator shall cease, but all receipts and disbursements of assets, and other acts previously done by him, shall remain as valid as if said letters were unrevoked; and the administrator shall thereupon make a settlement of his administration to the date of revocation, and shall transfer all assets remaining in his hands to said supposed decedent, or to his duly authorized agent or attorney; provided, nothing in sections 473.697 to 473.720 contained shall validate the title of any person to any money or property received as widow, next of kin or heir of such supposed decedent, but the same may be recovered from such parties in all cases in which such recovery could be had if said sections had not been passed. -------- (RSMo 1939  268, A.L. 1978 H.B. 1634)  Prior revisions: 1929  269; 1919  268; 1909  275  Effective 1-02-79 
Effective - 02 Jan 1979   473.713. Distributees to give bond before receiving estate.  Before the distribution of the proceeds of the estate of such supposed decedent shall be made, the persons entitled to receive the same, respectively, shall enter into a bond to the state of Missouri, with sufficient security, to be approved by the court having jurisdiction of said estate, in such sum and in such form as the court shall direct, conditioned that if said supposed decedent shall in fact be alive at the time of such distribution, then the distributees shall refund the amount received by them, on demand, with interest thereon from the date of such demand; but if any person entitled to receive such distribution shall be unable to give the security aforesaid, then the money which he would be entitled to receive shall be paid over to the county treasurer, and by him loaned at the highest rate of interest obtainable, on security approved by said probate division of the circuit court, which interest shall be paid annually to the person entitled thereto, and such money shall remain so at interest until the security aforesaid is given, or the court, upon application, shall order it to be paid to the person or persons entitled to receive the same. -------- (RSMo 1939  269, A.L. 1978 H.B. 1634)  Prior revisions: 1929  270; 1919  269; 1909  276  Effective 1-02-79 
Effective - 28 Aug 1939   473.717. Supposed decedent substituted for administrator, when  effect on actions, judgments.  1. After the revocation of such letters of administration as aforesaid, the person erroneously supposed to be dead may, upon suggestion of said fact, filed of record, be substituted in all actions brought by the administrator of his estate, whether prosecuted to judgment or otherwise. He may, in all actions previously brought against his administrator, be substituted as defendant, on proper suggestion, filed by himself or by the plaintiff therein, but he shall not be compelled to go to trial in less than three months from the time of the filing of such suggestion.  2. Judgments recovered against the administrator before the revocation of his letters, as aforesaid, may be opened, upon application by the supposed decedent, if made by affidavit, denying specifically, on the knowledge of the affiant, the cause of action, or specifically alleging the existence of facts which would be a valid defense; but if within said three months, such application shall not be made, or, being made, the facts exhibited shall be adjudged an insufficient defense, the judgment shall be conclusive to all intents, saving the defendant's right to have the same reviewed, as in other cases, by appeal or by writ of error, as now provided by law. After the substitution of the supposed decedent as defendant in any judgment, as aforesaid, such judgment shall become a lien on his real estate situate in the county for which the court is held, and shall have the same force and effect as if said action had been originally instituted against said supposed decedent. -------- (RSMo 1939  270)  Prior revisions: 1929  271; 1919  270; 1909  277 
Effective - 28 Aug 1939   473.720. Payment of costs.  The costs attending the issue of letters of administration, or the revocation, shall be paid out of the estate of the supposed decedent; and all costs arising upon an application for letters which are refused shall be paid by the applicant. -------- (RSMo 1939  271)  Prior revisions: 1929  272; 1919  271; 1909  278 
Effective - 28 Aug 2018, 3 histories   473.730. Public administrators  qualifications  election  oath  bond  public administrator deemed public office, duties  salaried public administrators deemed county officials  City of St. Louis, appointments of administrators.  1. Every county in this state, except the City of St. Louis, shall elect a public administrator at the general election in the year 1880, and every four years thereafter, who shall be ex officio public guardian and conservator in and for the public administrator's county. A candidate for public administrator shall be at least twenty-one years of age and a resident of the state of Missouri and the county in which he or she is a candidate for at least one year prior to the date of the general election for such office. The candidate shall also be a registered voter and shall be current in the payment of all personal and business taxes. Each candidate for public administrator shall provide to the election authority a copy of a signed affidavit from a surety company, indicating that the candidate meets the bond requirements for the office of public administrator under this section. The secretary of state shall notify each election authority of the requirements of this section. The secretary of state will provide the necessary forms to assure compliance of the requirements of this section.  2. Before entering on the duties of the public administrator's office, the public administrator shall take the oath required by the constitution, and enter into bond to the state of Missouri in a sum not less than ten thousand dollars, with one or more securities, approved by the court and conditioned that the public administrator will faithfully discharge all the duties of the public administrator's office, which bond shall be given and oath of office taken on or before the first day of January following the public administrator's election, and it shall be the duty of the judge of the court to require the public administrator to make a statement annually, under oath, of the amount of property in the public administrator's hands or under the public administrator's control as such administrator, for the purpose of ascertaining the amount of bond necessary to secure such property; and such court may from time to time, as occasion shall require, demand additional security of such administrator, and, in default of giving the same within twenty days after such demand, may remove the administrator and appoint another.  3. The public administrator in all counties, in the performance of the duties required by chapters 473, 474, and 475, is a public officer. The duties specified by sections 475.120 and 475.343 are discretionary. The county shall defend and indemnify the public administrator against any alleged breach of duty, provided that any such alleged breach of duty arose out of an act or omission occurring within the scope of duty or employment.  4. After January 1, 2001, all salaried public administrators shall be considered county officials for purposes of section 50.333, subject to the minimum salary requirements set forth in section 473.742.  5. The public administrator for the City of St. Louis shall be appointed by a majority of the circuit judges and associate circuit judges of the twenty-second judicial circuit, en banc. Such public administrator shall meet the same qualifications and requirements specified in subsection 1 of this section for elected public administrators. The elected public administrator holding office on August 28, 2013, shall continue to hold such office for the remainder of his or her term. -------- (RSMo 1939  295, A. 1949 S.B. 1132, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1993 S.B. 88, A.L. 1996 S.B. 719, A.L. 2000 S.B. 542, A.L. 2003 H.B. 267, A.L. 2013 H.B. 163 merged with S.B. 99, A.L. 2017 S.B. 111 merged with S.B. 112, A.L. 2018 S.B. 806)  Prior revisions: 1929  296; 1919  293; 1909  299 
Effective - 28 Aug 2013   473.733. Certificate and oath  bond, how sued on.  The public administrator's certificate of election, if applicable, official oath and bond shall be filed and recorded with the probate clerk, and copies thereof, certified under the seal of such court, shall be evidence. Any person injured by the breach of such bond may sue upon the same in the name of the state for his own use. -------- (RSMo 1939  297, A.L. 1996 S.B. 719, A.L. 2013 H.B. 163 merged with S.B. 99)  Prior revisions: 1929  297; 1919  294; 1909  300 
Effective - 28 Aug 2013   473.737. Administrators to have separate offices  St. Louis administrator in civil courts building  certain public administrators to have secretaries  clerical personnel to be provided, when.  1. Each public administrator elected or appointed, as now or as hereafter provided for in sections 473.730 to 473.767, is hereby declared to be an officer for the county in which such administrator is elected or appointed. The county commissions of each county in this state shall make suitable provision for an office for the public administrator in the courthouse of the county if suitable space may be had for such an office, and shall be provided as soon as the county commission shall be of the opinion that the business in charge of the public administrator is such as to reasonably require a separate office for the convenience of the public. The public administrator of the city of St. Louis shall have suitable and convenient offices provided for him or her in the civil courts building by that city.  2. Each public administrator of a county, except a county of the first classification having a charter form of government, in which a state mental hospital is located, or any county of the second classification which contains a habilitation center operated by the department of mental health and which does not adjoin a county of the first classification shall be entitled to one secretary for one hundred cases or more handled by the office of the public administrator in the immediately preceding calendar year. Each secretary employed pursuant to the provisions of this subsection shall be paid in the same pay range as a court clerk II in the circuit court personnel system. All compensation paid secretaries employed pursuant to the provisions of this subsection shall be paid out of the county treasury and the commissioner of administration shall annually reimburse each county for the compensation so paid upon proper demand being made out of appropriations made for that purpose. The public administrator in such counties may also appoint a person to act as public administrator to serve during the absence of the public administrator.  3. The governing bodies of each county and each city not within a county of this state may provide clerical personnel, not qualifying as status of deputy, for the public administrator of the county, and such personnel shall be provided when the governing body is of the opinion that the business in charge of the public administrator is such as to reasonably require such personnel for the welfare of the public. -------- (RSMo 1939  296, A.L. 1945 p. 73, A.L. 1989 S.B. 127, et al., A.L. 1990 H.B. 1177 merged with S.B. 580, A.L. 1999 H.B. 275, A.L. 2013 H.B. 163 merged with S.B. 99) 
Effective - 28 Aug 2010   473.739. Compensation for attendance at training session, certain public administrators, expenses shall be reimbursed, when (certain counties of the first classification).  1. Each public administrator in counties of the first classification without a charter form of government who does not receive at least twenty-five thousand dollars in fees as otherwise allowed by law shall receive annual compensation of four thousand dollars and each such public administrator who does not receive at least forty-five thousand dollars in fees may request the county salary commission for an increase in annual compensation and the county salary commission may authorize an additional increase in annual compensation not to exceed ten thousand dollars.  2. Two thousand dollars of the compensation authorized in this section shall be payable to the public administrator only if he or she has completed at least twenty hours of instruction each calendar year relating to the operations of the public administrator's office when approved by a professional association of the county public administrators of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each public administrator who completes the training program and shall send a list of certified public administrators to the treasurer of each county. Expenses incurred for attending the training session shall be reimbursed to the county public administrator in the same manner as other expenses as may be appropriated for that purpose. -------- (L. 1984 S.B. 601  13, A.L. 1987 S.B. 65, et al., A.L. 1990 S.B. 580, A.L. 1996 S.B. 719, A.L. 1997 S.B. 11, A.L. 2000 S.B. 542, A.L. 2010 S.B. 808)  (2000) In determining amount of annual compensation to be paid to public administrators, more specific provisions of this statute apply over those of section 50.333. State ex rel. Pate v. Mooney, 22 S.W.3d 766 (Mo.App.E.D.). 
Effective - 28 Aug 1996   473.740. Compensation, Boone and Clay counties  removal from office  public administrator's fees paid to county, when  public administrator's salary in lieu of fees, when.  1. In all first classification counties not having a charter form of government and containing a portion of a city having a population of four hundred thousand or more inhabitants, and in all first classification counties not having a charter form of government and having a population of one hundred ten thousand, but less than two hundred thousand inhabitants, the public administrator shall receive as total compensation for such public administrator's services an annual salary established pursuant to section 50.343, to be paid in equal monthly installments by the county. In any other counties of the first classification not having a charter form of government, the salary commission may elect by majority vote to establish a salary as the alternative total compensation to be offered as compensation to the public administrator, to be paid in equal monthly installments by the county. If the salary commission elects to establish such salary alternative, it shall be established at either the time set forth in section 50.343 or at the salary commission meeting prior to the general election for the election of the office of public administrator. Should the salary commission elect to establish such salary alternative, the newly elected public administrator shall then make a determination within thirty days after taking office whether such public administrator elects to receive such salary or receive fees as may be allowed by law to executors, administrators and personal representatives, unless the court, for special reasons, allows a higher compensation. The election by the public administrator shall be made in writing to the county clerk. Should the public administrator elect to receive a salary, the public administrator's office may not then change at any future time to receive fees in lieu of salary. The alternative salary, if election is made by the public administrator to accept such, shall be in lieu of any compensation as set forth in section 473.739. In all other counties, the public administrator shall receive the same compensation for such public administrator's services as may be allowed by law, and as set forth in section 473.739, to executors, administrators, and personal representatives, unless the court, for special reasons, allows a higher compensation. Any such public administrator may be removed from office in the same manner and for the same causes as commissioners of the county commission.  2. In all counties in which the public administrator is paid an annual salary by the county, the county shall receive all amounts which would have been paid to the public administrator for the administrator's services pursuant to this chapter if such public administrator were in a county in which the public administrator was not paid an annual salary as provided in subsection 1 of this section. All amounts received by the county pursuant to the provisions of this subsection shall be deposited in the county treasury. -------- (RSMo 1939  298, A.L. 1981 S.B. 423, A.L. 1987 S.B. 65, et al., A.L. 1992 H.B. 1571, A.L. 1995 H.B. 274 & 268, A.L. 1996 H.B. 1286)  Prior revisions: 1929  298; 1919  295; 1909  301  CROSS REFERENCE:  Public administrator Boone and Clay County compensation how determined, 50.343 
Effective - 28 Aug 1983   473.741. County governing body may authorize additional compensation, when  maximum allowed  additional compensation to terminate, when (certain first class counties).  1. In addition to the compensation otherwise authorized by law for public administrators in first class counties not having a charter form of government and containing a portion of a city having a population of four hundred thousand or more inhabitants, the governing body of each of such counties may authorize additional compensation for the public administrator to be paid from county funds. Total compensation for each such public administrator, including any compensation authorized under this section, shall not exceed thirty-four thousand dollars per annum.  2. Prior to February 1, 1984, and thereafter prior to February first in each year in which a general election will be held at which public administrators will be elected, the governing body of each county defined in subsection 1 of this section shall establish the additional compensation to be paid the public administrator under this section for the ensuing term of office, and such additional compensation shall be paid the public administrator throughout such ensuing term of office.  3. All provisions of this section which authorize the granting of additional compensation for public administrators in the counties defined in subsection 1 of this section shall terminate upon the issuance of an opinion by the Missouri supreme court which would result in the state of Missouri being obligated or required to pay any such additional compensation even though such additional compensation is formally approved or authorized by the governing body of a county. -------- (L. 1983 S.B. 57  4) 
Effective - 28 Aug 2022, 2 histories   473.742. Salary schedule for public administrators, certain counties  administrator to choose salary or fee collection  certain administrators may join LAGERS.  1. Each public administrator in counties of the second, third or fourth classification and in the City of St. Louis shall make a determination within thirty days after taking office whether such public administrator shall elect to receive a salary as defined herein or receive fees as may be allowed by law to executors, administrators and personal representatives. The election by the public administrator shall be made in writing to the county clerk. Should the public administrator elect to receive a salary, the public administrator's office may not then elect to change at any future time to receive fees in lieu of salary. Every public administrator who begins his or her first term on or after January 1, 2023, shall be deemed to have elected to receive a salary as provided in this section.  2. If a public administrator elects to be placed on salary, the salary shall be based upon the average number of open letters in the two years preceding the term when the salary is elected, based upon the following schedule:  (1) Zero to five letters: salary shall be a minimum of seven thousand five hundred dollars;  (2) Six to fifteen letters: salary shall be a minimum of fifteen thousand dollars;  (3) Sixteen to twenty-five letters: salary shall be a minimum of twenty thousand dollars;  (4) Twenty-six to thirty-nine letters: salary shall be a minimum of twenty-five thousand dollars;  (5) Public administrators with forty or more letters shall be considered full-time county officials and shall be paid according to the assessed valuation schedule set forth below:    Assessed Valuation Salary   $ 8,000,000 to 40,999,999 $29,000   $ 41,000,000 to 53,999,999 $30,000   $ 54,000,000 to 65,999,999 $32,000   $ 66,000,000 to 85,999,999 $34,000   $ 86,000,000 to 99,999,999 $36,000   $ 100,000,000 to 130,999,999 $38,000   $ 131,000,000 to 159,999,999 $40,000   $ 160,000,000 to 189,999,999 $41,000   $ 190,000,000 to 249,999,999 $41,500   $ 250,000,000 to 299,999,999 $43,000   $ 300,000,000 to 449,999,999 $45,000   $ 450,000,000 to 599,999,999 $47,000   $ 600,000,000 to 749,999,999 $49,000   $ 750,000,000 to 899,999,999 $51,000   $ 900,000,000 to 1,049,999,999 $53,000   $ 1,050,000,000 to 1,199,999,999 $55,000   $ 1,200,000,000 to 1,349,999,999 $57,000   $ 1,350,000,000  and over $59,000    ;  (6) The public administrator in the City of St. Louis shall receive a salary not less than sixty-five thousand dollars;  (7) Two thousand dollars of the compensation authorized in this section shall be payable to the public administrator only if he or she has completed at least twenty hours of instruction each calendar year relating to the operations of the public administrator's office when approved by a professional association of the county public administrators of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each public administrator who completes the training program and shall send a list of certified public administrators to the treasurer of each county. Expenses incurred for attending the training session shall be reimbursed to the county public administrator in the same manner as other expenses as may be appropriated for that purpose.  3. If a public administrator is appointed by the court as both a guardian and a conservator to the same ward or protectee, it shall be considered two letters.  4. Notwithstanding subsection 2 or 5 of this section, upon majority approval by the salary commission, a public administrator may be paid according to the assessed valuation schedule set forth in subdivision (5) of subsection 2 of this section. If the salary commission elects to pay a public administrator according to the assessed valuation schedule, the salary commission shall not elect to change at any future time to pay the public administrator's office according to the average number of open letters in lieu of paying them according to the assessed valuation schedule.  5. The initial compensation of the public administrator who elects to be put on salary shall be determined by the average number of letters for the two years preceding the term when the salary is elected. Salary increases or decreases according to the minimum schedule set forth in this section shall be adjusted only after the number of open letters places the workload in a different subdivision for two consecutive years. Minimum salary increases or decreases shall only take effect upon a new term of office of the public administrator. The number of letters each year shall be determined in accordance with the reporting requirements set forth in law.  6. All fees collected by a public administrator who elects to be salaried shall be deposited in the county treasury or with the treasurer for the City of St. Louis.  7. Any public administrator in a county of the first classification without a charter form of government with a population of less than one hundred thousand inhabitants who elects to receive fees in lieu of a salary pursuant to this section may elect to join the Missouri local government employees' retirement system created pursuant to sections 70.600 to 70.755.  8. (1) A letter of guardianship and a letter of conservatorship shall be counted as separate letters.  (2) For purposes of this subsection:  (a) "Letter of conservatorship" means the appointment of a conservatorship of an estate by the court to a protectee adjudged to be disabled;  (b) "Letter of guardianship" means the appointment of a guardianship by the court to a ward adjudged to be incapacitated. -------- (L. 2000 S.B. 542, A.L. 2010 S.B. 808, A.L. 2022 H.B. 1606) 
Effective - 28 Aug 2017, 3 histories   473.743. Duty of public administrator to take charge of estates, when.  Upon appointment by the probate court, it shall be the duty of the public administrator to take into his or her charge and custody the estates of all deceased persons, and the estates of all minors, and the estates or person and estate of all incapacitated persons in his or her county, in the following cases:  (1) When a stranger dies intestate in the county without relations, or dies leaving a will, and the personal representative named is absent, or fails to qualify;  (2) When persons die intestate without any known heirs;  (3) When persons unknown die or are found dead in the county;  (4) When money, property, papers or other estate are left in a situation exposed to loss or damage, and no other person administers on the same;  (5) When any estate of any person who dies intestate therein, or elsewhere, is left in the county liable to be injured, wasted or lost, when the intestate does not leave a known husband, widow or heirs in this state;  (6) The estates of all minors whose parents are dead, or, if living, refuse or neglect to qualify as conservator, or, having qualified have been removed, or are, from any cause, incompetent to act as such conservator, and who have no one authorized by law to take care of and manage their estate;  (7) The estates or person and estate of all disabled or incapacitated persons in his or her county who have no legal guardian or conservator, and no one competent to take charge of such estate, or to act as such guardian or conservator, can be found, or is known to the court having jurisdiction, who will qualify;  (8) Where from any other good cause, the court shall order him to take possession of any estate to prevent its being injured, wasted, purloined or lost;  (9) The public administrator shall act as trustee when appointed by the circuit court or the probate division of the circuit court. -------- (RSMo 1939  299, A.L. 1983 S.B. 44 & 45, A.L. 2007 S.B. 22 merged with S.B. 497, A.L. 2009 H.B. 481, A.L. 2017 S.B. 111 merged with S.B. 112) Prior revisions: 1929  299; 1919  296; 1909  302 
Effective - 28 Aug 2006   473.748. Unenforceability of certain contract provisions requiring a public administrator to be personally responsible for debt or account of a ward or protectee.  1. As used in this section, the terms conservator, guardian, protectee, and ward shall have the same definitions as in section 475.010.  2. Any term, provision, consideration, or covenant in any contract for treatment, goods, or services shall be unenforceable if such term, provision, consideration, or covenant requires a public administrator who is acting as a guardian or conservator to personally pay, assume, or guarantee the debt or account of a ward or protectee. -------- (L. 2006 S.B. 932) 
Effective - 28 Aug 1983   473.750. Powers and duties under administration law.  In addition to the provisions of sections 473.730 to 473.767, he and his securities shall have the same powers as are conferred upon, and be subject to the same duties, penalties, provisions and proceedings as are enjoined upon or authorized against personal representatives, guardians and conservators by chapters 472 to 475, so far as the same may be applicable. He shall have power to administer oaths and affirmations in all matters relating or belonging to the exercise of his office. -------- (RSMo 1939  300, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  300; 1919  297; 1909  303 
Effective - 02 Jan 1979   473.753. Notice of administration, when and how given  penalty for failure.  It shall be the duty of every public administrator immediately upon taking charge of any estate, except those of which he shall have taken charge under the order of the court, for the purpose of administering the same, to file a notice of the fact in the office of the clerk of the court. If any public administrator shall fail to file the notice provided for in this section, he shall forfeit and pay to the persons entitled to the estate a sum not exceeding two hundred dollars, to be recovered before said court, on motion, and after reasonable notice thereof to said public administrator; and said court may, in its discretion, remove such public administrator from office. -------- (RSMo 1939  302, A.L. 1978 H.B. 1634)  Prior revisions: 1929  302; 1919  299; 1909  305  Effective 1-02-79 
Effective - 28 Aug 1939   473.757. Civil officers to inform public administrator as to property, when.  It shall be the duty of all civil officers to inform the public administrator of all property and estate known to them which is liable to loss, waste or injury, and which by law ought to be in the possession of the public administrator. -------- (RSMo 1939  303)  Prior revisions: 1929  303; 1919  300; 1909  306 
Effective - 28 Aug 1983   473.760. Shall prosecute necessary suits.  The public administrator shall institute all manner of suits and prosecutions that may be necessary to recover the property, debts, papers or other estates of the person deceased, or of any minor, or disabled person, in his charge or custody. -------- (RSMo 1939  304, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  304; 1919  301; 1909  307 
Effective - 02 Jan 1979   473.763. Court may order public administrator to account to successor, when.  The court may at any time, for good cause shown, order the public administrator to account for and deliver all money, property or papers belonging to any estate in his hands to his successor in office, or to the heirs of said estate, or to any executor or administrator regularly appointed, as provided by law. -------- (RSMo 1939  305, A.L. 1978 H.B. 1634)  Prior revisions: 1929  305; 1919  302; 1909  308  Effective 1-02-79 
Effective - 28 Aug 2000   473.767. Public administrator, duties after expiration of term  duties prior to expiration of term, certain counties.  1. In counties operating under fee retention, the public administrator shall before the first court day after the expiration of one year after their successor in office has qualified, file a final settlement as required by section 473.540 for all estates in their charge as public administrator in which final settlement can be made. On the first court day after the expiration of one year after the election of a successor to the public administrator, the judge of the probate division, upon the judge's own motion, shall order the public administrator to account for and deliver all money, property, or papers belonging to all estates in his or her hands in which final settlement cannot be made, to the successor in office, or to the heirs of any estate, or to any executor or administrator regularly appointed, and such accounting and delivery shall be accomplished during the sixty days next thereafter.  2. In counties where the public administrator is paid a salary, the public administrator shall deliver property and make necessary filings as required in this section prior to leaving his or her term of office.  3. Notwithstanding the provisions of subsection 1 of this section, the former public administrator or their legal representative, upon approval and order of the judge of the probate division of the circuit court having jurisdiction over the estates in which the former public administrator has been appointed personal representative, guardian or conservator, shall turn over the administration of the estates to the successor public administrator. A copy of the annual account of each estate in part covering the term of the former public administrator shall be filed with the probate division by the successor public administrator and the successor public administrator shall be charged with the assets and liabilities shown thereby. -------- (RSMo 1939  301, A.L. 1955 p. 385  232, A.L. 1978 H.B. 1634, A.L. 1981 S.B. 423, A.L. 1987 S.B. 65, et al., A.L. 1989 S.B. 181, A.L. 1990 S.B. 596, A.L. 1992 S.B. 817, A.L. 1993 S.B. 88, A.L. 1998 S.B. 764, A.L. 2000 S.B. 542)  Prior revisions: 1929  301; 1919  298; 1909  304 
Effective - 28 Aug 2018, 2 histories   473.770. Deputies, appointment, tenure, compensation, powers (first classification counties)  delegation of duties, certain counties.  1. Whenever, in the judgment of any public administrator in any county of the first class, it is necessary for the proper and efficient conduct of the business of the public administrator's office that the public administrator appoint any deputies to assist the public administrator in the performance of his or her official duties as public administrator or as executor, administrator, personal representative, guardian, or conservator in any estates wherein the public administrator has been specially appointed, the public administrator may appoint one or more deputies to assist him or her in the performance of his or her duties as public administrator and as executor, administrator, personal representative, guardian, or conservator in the estates wherein the public administrator has been specially appointed. The appointment shall be in writing and shall be filed with the court, and, upon the filing, the court shall issue under its seal a certificate of the appointment for each deputy, stating that the appointee is vested with the powers and duties conferred by this section. The certificate shall be valid for one year from date, unless terminated prior thereto, and shall be renewed from year to year as long as the appointment remains in force, and may be taken as evidence of the authority of the deputy. The appointment and authority of any deputy may at any time be terminated by the public administrator by notice of the termination filed in the court, and upon termination the deputy shall surrender the public administrator's certificate of appointment.  2. In all counties of the first classification not having a charter form of government and containing a portion of a city having a population of three hundred thousand or more inhabitants, the compensation of each such deputy shall be set by the public administrator, with the approval of the governing body of the county, and shall be paid in equal monthly installments out of the county treasury. In all other counties of the first classification the compensation of each such deputy shall be prescribed and paid by the public administrator out of the fees to which he or she is legally entitled, and no part of such compensation shall be paid out of any public funds or assessed as costs or allowed in any estate.  3. Each deputy so appointed shall be authorized to perform such ministerial and nondiscretionary duties as may be delegated to him or her by the public administrator, including:  (1) Assembling, taking into possession, and listing moneys, checks, notes, stocks, bonds and other securities, and all other personal property of any and all estates in the charge of the public administrator;  (2) Depositing all moneys, checks, and other instruments for the payment of money in the bank accounts maintained by the public administrator for the deposit of such funds;  (3) Signing or countersigning any and all checks and other instruments for the payment of moneys out of such bank accounts, in pursuance of general authorization by the public administrator to the bank in which the same are deposited, as long as such authorization remains in effect;  (4) Entering the safe deposit box of any person or decedent whose estate is in the charge of the public administrator and any safe deposit box maintained by the public administrator for the safekeeping of assets in his or her charge, as a deputy of the public administrator, pursuant to general authorization given by the public administrator to the bank or safe deposit company in charge of any such safe deposit box, as long as such deputy-authorization remains in effect, and withdrawing therefrom and depositing therein such assets as may be determined by the public administrator. The bank or safe deposit company shall not be charged with notice or knowledge or any limitation of authority of the authorized deputy, unless specially notified in writing thereof by the public administrator, and may allow the deputy access to the safe deposit box, in the absence of notice, to the full extent allowable to the public administrator in person.  4. The enumeration of the foregoing powers shall not operate as an exclusion of any powers not specifically conferred. No authorized deputy shall exercise any power, other than as prescribed in this section, which shall require the exercise of a discretion enjoined by law to be exercised personally by the executor, administrator, personal representative, guardian, or conservator in charge of the estate to which the discretionary power refers.  5. Notwithstanding the provisions of subsections 3 and 4 of this section to the contrary, a public administrator in a county of the first classification having a charter form of government and containing all or part of a city with a population of at least three hundred thousand inhabitants, and a public administrator in any county of the first classification may delegate to any deputy appointed by the public administrator any of the duties of the public administrator enumerated in section 473.743, and sections 475.120, 475.130, and 475.343. Such public administrator may also delegate to a deputy who is a licensed attorney the authority to execute inventories, settlements, surety bonds, pleadings and other documents filed in any court in the name of the public administrator, and the same shall have the force and effect as if executed by the public administrator. -------- (L. 1957 p. 869  1, 2, A.L. 1978 H.B. 1634, A.L. 1981 S.B. 423, A.L. 1983 S.B. 44 & 45, A.L. 1993 S.B. 88, A.L. 2005 H.B. 58 merged with S.B. 210, A.L. 2018 S.B. 806) 
Effective - 28 Aug 2018, 2 histories   473.771. Deputies, appointment in all counties but counties of the first classification  tenure  compensation  powers  delegation to deputies.  1. Whenever, in the judgment of any public administrator in any county which is not a county of the first classification, it is necessary for the proper and efficient conduct of the business of his or her office that the public administrator appoint a deputy to assist the public administrator in the performance of his or her official duties as public administrator or as executor, administrator, personal representative, guardian, or conservator in any estates wherein the public administrator has been specially appointed, the public administrator may appoint a deputy to assist him or her in the performance of his or her duties as public administrator and as executor, administrator, personal representative, guardian, or conservator in the estates wherein the public administrator has been specially appointed. The appointment shall be in writing and shall be filed with the court, and, upon the filing, the court shall issue under its seal a certificate of the appointment for the deputy, stating that the appointee is vested with the powers and duties conferred by this section. The certificate shall be valid for one year from the date, unless terminated prior thereto, and shall be renewed from year to year as long as the appointment remains in force, and may be taken as evidence of the authority of the deputy. The appointment and authority of a deputy may at any time be terminated by the public administrator by notice of the termination filed in the court, and upon termination the deputy shall surrender his or her certificate of appointment.  2. The compensation of a deputy appointed pursuant to the provisions of this section shall be prescribed and paid by the public administrator out of the fees to which he or she is legally entitled.  3. A deputy appointed pursuant to the provisions of this section shall be authorized to perform such ministerial and nondiscretionary duties as may be delegated to him or her by the public administrator, including:  (1) Assembling, taking into possession, and listing moneys, checks, notes, stocks, bonds and other securities, and all other personal property of any and all estates in the charge of the public administrator;  (2) Depositing all moneys, checks, and other instruments for the payment of money in the bank accounts maintained by the public administrator for the deposit of such funds;  (3) Signing or countersigning any and all checks and other instruments for the payment of moneys out of such bank accounts, in pursuance of general authorization by the public administrator to the bank in which the same are deposited, as long as such authorization remains in effect;  (4) Entering the safe deposit box of any person or decedent whose estate is in the charge of the public administrator and any safe deposit box maintained by the public administrator for the safekeeping of assets in his or her charge, as a deputy of the public administrator, pursuant to general authorization given by the public administrator to the bank or safe deposit company in charge of any such safe deposit box, as long as such authorization as a deputy remains in effect, and withdrawing therefrom and depositing therein such assets as may be determined by the public administrator. The bank or safe deposit company shall not be charged with notice or knowledge or any limitation of authority of the authorized deputy, unless specially notified in writing thereof by the public administrator, and may allow the deputy access to the safe deposit box, in the absence of notice, to the full extent allowable to the public administrator in person.  4. The enumeration of the foregoing powers shall not operate as an exclusion of any powers not specifically conferred. No authorized deputy shall exercise any power, other than as prescribed in this section, which shall require the exercise of a discretion enjoined by law to be exercised personally by the executor, administrator, personal representative, guardian, or conservator in charge of the estate to which the discretionary power refers.  5. Notwithstanding the provisions of subsections 3 and 4 of this section to the contrary, a public administrator in a county which is not a county of the first classification may delegate to any deputy appointed by the public administrator any of the duties of the public administrator enumerated in section 473.743, and sections 475.120, 475.130, and 475.343. Such public administrator may also delegate to a deputy who is a licensed attorney the authority to execute inventories, settlements, surety bonds, pleadings, and other documents filed in any court in the name of the public administrator, and the same shall have the force and effect as if executed by the public administrator. -------- (L. 1988 H.B. 1371, A.L. 2005 H.B. 58 merged with S.B. 210, A.L. 2018 S.B. 806) 
Effective - 28 Aug 1957   473.773. Public administrator and sureties liable for acts of deputies.  The public administrator and the sureties upon his bond as public administrator and the sureties on any other bonds given specially for separate estates, shall be liable for any loss occasioned by any wrongful, illegal or negligent act or omission of any deputy acting under such authority or by color of his authority as such deputy, to the same extent and in the same manner as if the wrongful, illegal or negligent act or omission had been committed, permitted or suffered by the public administrator personally. -------- (L. 1957 p. 869  3) 
Effective - 28 Aug 2000   473.775. Staff to be deemed county employees  full-time staff may be provided for certain administrators.  1. Any full-time staff of any public administrator's office employed on or after January 1, 2001, who is not an employee of the county for purposes of hiring, retirement, benefits and other laws applicable to county employees shall be deemed an employee after January 1, 2001. Any full-time staff of the office of the public administrator for the city of St. Louis on or after January 1, 2001, shall be considered an employee of the city of St. Louis for purposes of hiring, retirement, benefits and other laws applicable to the city of St. Louis employees.  2. Each public administrator with fifty or more cases may be provided with full-time staff paid for by the county or for St. Louis City, paid for by the city of St. Louis. -------- (L. 2000 S.B. 542  1) 
Effective - 01 Jan 1981   473.780. Independent administration, when.  1. When a will admitted to probate authorizes or directs independent administration, either by specific reference to this section or by language providing that the estate be administered without adjudication, order or direction of the court, the letters testamentary shall provide that the personal representative therein named may administer the estate independently. When a will admitted to probate prohibits independent administration, expressly or by language manifesting intent that the estate be administered under court supervision, the directions of the will shall be observed.  2. When all of the heirs interested in an intestate estate or all of the devisees interested in a testate estate, or all of the heirs and devisees interested in a partially intestate estate, consent to independent administration, and the will does not prohibit it, the letters testamentary or of administration shall provide that the personal representative therein named may administer the estate independently.  3. When one or more of the heirs or devisees whose consent to independent administration is required by subsection 2 is or are under disability, and all of the other heirs or devisees whose consent is required consent to independent administration, the court may grant letters testamentary or of administration which provide that the personal representative therein named may administer the estate independently. The court shall not appoint a guardian ad litem for the purpose of consent to or consideration of an application for independent administration. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981   473.783. Notice of independent administration, contents.  After letters testamentary or of administration authorizing independent administration of an estate are issued, the notice required by section 473.033 shall contain a paragraph in substantially the following form: "The personal representative may administer the estate independently, without adjudication, order, or direction of the probate division of the circuit court, unless a petition for supervised administration is made to and granted by the court." -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 2006   473.787. Duties of personal representative in independent administration  attorney required, when.  1. While letters testamentary or of administration authorizing independent administration of the estate are in force, the personal representative therein named is an independent personal representative and his administration of the estate is an independent administration, and all actions taken on or after August 28, 1996, shall be in accordance with the provisions of the Missouri prudent investor act, sections 469.900 to 469.913.  2. An independent personal representative shall proceed expeditiously with the settlement and distribution of the estate in accordance with the applicable provisions of this chapter and, except as otherwise specified by the provisions of sections 473.780 to 473.843, shall do so without adjudication, order, or direction of the court, but he may invoke the jurisdiction of the court, in proceedings authorized by this code, to resolve questions concerning the estate or its administration or distribution.  3. Unless he is a member in good standing of the Missouri bar, an independent personal representative, because he owes a fiduciary duty to the persons interested in the estate, shall secure the advice and services of an attorney, who is not a salaried employee of the personal representative, on legal questions arising in connection with:  (1) The application for and issuance of letters testamentary or of administration;  (2) The collection, investment and preservation of assets;  (3) The inventory;  (4) The allowance, disallowance, compromise and payment of claims;  (5) The making of tax returns;  (6) The transfer and encumbrance of property of the estate;  (7) The interpretation of the will and of the intestacy laws;  (8) The scheme and making of distribution; and  (9) The closing of the estate. -------- (L. 1980 S.B. 637, A.L. 1996 H.B. 1432, A.L. 2006 S.B. 892) 
Effective - 01 Jan 1981   473.793. Inventory of property by independent personal representative.  Within thirty days after his appointment, an independent personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare and file in the court an inventory of property owned by the decedent at the time of his death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, and the type and amount of any encumbrance that may exist with reference to any item. The independent personal representative shall send a copy of the inventory to interested persons who request it. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981   473.797. Independent personal representative may employ appraisers, attorney, accountant or tax specialist.  1. An independent personal representative may employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The name and address of any appraiser shall be indicated on the inventory with the item or items he appraised.  2. An independent personal representative may employ an attorney, certified public accountant or tax specialist holding a valid permit to practice before the U.S. Treasury Department to assist him in the preparation of any estate tax return or any federal and state income tax returns and such person shall be allowed out of the estate reasonable compensation for such services. An independent personal representative may also employ independent accountants to assist him in filing federal and state income tax returns or establishing records of account and reporting on financial results in those estates requiring this service and such person shall be allowed out of the estate reasonable compensation for such service. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1983   473.800. Supplementary inventory, when required  copies to interested persons.  If any property of substantial value not included in the original inventory comes to the knowledge of an independent personal representative, or if the independent personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court. The independent personal representative shall send a copy of any supplementary inventory to interested persons at their request. -------- (L. 1980 S.B. 637, A.L. 1983 H.B. 369) 
Effective - 01 Jan 1981   473.803. Independent personal representative's right to decedent's property  exceptions  duties.  Except as otherwise provided by a decedent's will, every independent personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the independent personal representative, possession of the property by him will be necessary for purposes of administration. The independent personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981   473.810. Powers and duties of independent personal representative.  Except as restricted or otherwise provided by the will, an independent personal representative, acting reasonably for the benefit of the interested persons, may properly:  (1) Retain assets owned by the decedent pending distribution or liquidation, including those in which the representative is personally interested or which are otherwise improper for trust investment;  (2) Receive assets from fiduciaries or other sources;  (3) Perform, compromise, or refuse performance of the decedent's contracts that continue as obligations of the estate, as he may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease land, the independent personal representative, among other possible courses of action, may do either of the following:  (a) Execute and deliver a deed of conveyance for cash payment of all sums remaining due or for the purchaser's note for the sum remaining due secured by a mortgage or deed of trust on the land;  (b) Deliver a deed in escrow with directions that the proceeds, when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement;  (4) If funds are not needed to meet debts and expenses currently payable and are not immediately distributable, deposit or invest liquid assets of the estate, including moneys received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements, or other prudent investments which would be reasonable for use by trustees generally;  (5) Make ordinary repairs to buildings or other structures;  (6) Vote stocks or other securities in person or by general or limited proxy;  (7) Pay calls, assessments, and other sums chargeable or accruing against or on account of securities, unless barred by the provisions relating to claims;  (8) Hold a security in the name of a nominee, or in other form, without disclosure of the interest of the estate; but the independent personal representative is liable for any act of the nominee in connection with the security so held;  (9) Insure the assets of the estate against damage, loss, and liability, and himself against liability as to third persons;  (10) Effect a fair and reasonable compromise with any debtor or obligor, or extend, renew, or in any manner modify the terms of an obligation owing to the estate. If the independent personal representative holds a mortgage, pledge, or other lien upon property of another person, he may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets from the owner thereof in satisfaction of the indebtedness secured by lien;  (11) Pay taxes, assessments, compensation of the independent personal representative, and other expenses incident to the administration of the estate;  (12) Sell or exercise stock subscription or conversion rights; consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;  (13) Allocate items of income or expense to either estate income or principal, as permitted or provided by law;  (14) Employ persons, including attorneys, auditors, investment advisors, or agents, to advise or assist the independent personal representative in the performance of his administrative duties; act without independent investigation upon their recommendations; and instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary;  (15) Prosecute or defend claims, or proceedings in any jurisdiction for the protection of the estate and of the independent personal representative in the performance of his duties;  (16) Sell, mortgage, or lease any real or personal property of the estate or any interest therein for cash, credit, or for part cash and part credit, and with or without security for unpaid balances;  (17) Continue any unincorporated business or venture in which the decedent was engaged at the time of his death (a) in the same business form for a period of not more than four months from the date of appointment of a general independent personal representative, if continuation is a reasonable means of preserving the value of the business including good will; (b) in the same business form for any additional period of time that may be approved by order of the court in a proceeding to which the persons interested in the estate are parties; or (c) throughout the period of administration if the business is incorporated by the independent personal representative and if none of the probable distributees of the business who are competent adults object to its incorporation and retention in the estate;  (18) Incorporate any business or venture in which the decedent was engaged at the time of his death;  (19) Provide for exoneration of the independent personal representative from personal liability in any contract entered into on behalf of the estate;  (20) Satisfy and settle claims, and distribute the estate, as provided in this code. -------- (L. 1980 S.B. 637)  Effective 1-01-81  CROSS REFERENCE:  Multinational banks, securities and obligations of, investment in, when, 409.950 
Effective - 28 Aug 1983   473.811. Dealing in good faith for value with independent representative protected  no duty to inquire  liability of independent personal representative.  1. A person who in good faith deals with an independent personal representative for value is protected as if the independent personal representative properly exercised his power. The fact that a person knowingly deals with an independent personal representative does not require the person to inquire into the existence of a power or the propriety of its exercise.  2. No conveyance or transfer by the independent personal representative to a bona fide purchaser for a valuable consideration shall be set aside on the ground that the independent personal representative was not acting reasonably for the benefit of interested persons. Interested persons may recover from the independent personal representative any damages occasioned by failure of the independent personal representative to act reasonably for the benefit of interested persons. -------- (L. 1983 H.B. 369) 
Effective - 01 Jan 1981   473.820. Liability of personal representative.  1. Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate, unless he fails to reveal his representative capacity and identify the estate in the contract.  2. A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.  3. Claims based on contracts entered into by a personal representative in his fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in his fiduciary capacity, whether or not the personal representative is individually liable therefor.  4. Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge or indemnification, or other appropriate proceeding. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 23 May 1996   473.823. Compensation of independent personal representative and attorney.  1. An independent personal representative is entitled to reasonable compensation for his services. The statutory schedule of compensation prescribed in section 473.153 shall be considered a minimum fee for services rendered. An independent personal representative may renounce his right to all or any part of the compensation. A written renunciation of fee may be filed with the court.  2. If the will provides for compensation of the independent personal representative, and there is no contract with the decedent regarding compensation, he may renounce the provisions before qualifying only if he also renounces the right to administer independently under subsection 1 of section 473.780. In the event of such renunciation, the administration shall be supervised unless independent administration is authorized under subsection 2 or 3 of section 473.780.  3. An independent personal representative's attorney shall be entitled to reasonable compensation for his services, but in no event shall the compensation of the independent personal representative or his attorney be in excess of the minimum prescribed by section 473.153, without authorization by the court. The schedule contained in such section shall be prima facie evidence of the reasonableness of the fees charged. -------- (L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1996 S.B. 494)  Effective 5-23-96 
Effective - 01 Jan 1981   473.827. Review of compensation of independent personal representative and of employment and compensation of others, when  refunds, when.  On petition of an interested person, and after notice to all interested persons, the propriety of employment of any person by an independent personal representative, including any attorney, auditor, appraiser, investment advisor, or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the independent personal representative for his own services may be reviewed by the court. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981   473.830. Court may restrain personal representative, when  petition  hearing  procedure.  1. On petition of any person who appears to have an interest in the estate, the court, by temporary ex parte order, may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or from exercising any powers or discharging any duties of his office, or may make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties.  2. The matter shall be set for hearing within ten days unless the parties otherwise agree. Notice, as the court directs, shall be given to the personal representative and his attorney of record, if any, and to any other parties named defendant in the petition.  3. Procedure shall be in accordance with this code and the supreme court rule relating to injunctions. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981   473.833. Revocation of independent administration, when  petition  hearing  orders of court.  1. An independent personal representative, or any interested person, may, at any time, file a petition to revoke the provisions of letters testamentary or of administration authorizing independent administration. The petitioner shall serve a copy of such petition on each interested person at the time the petition is filed with the court.  2. Upon the filing of such petition, the court shall determine the extent of petitioner's interest in the estate and, if it shall find that such interest is more than nominal, the court shall order a hearing on the petition, directing notice thereof to be given to all interested persons, and may specify the time within which such interested persons shall file answers to such petition. If, upon motion of any interested person, the court finds that the petitioner's interest is nominal, the court may dismiss the petition.  3. The court may enter such interlocutory orders as it deems necessary to protect the assets of the estate pending a full hearing, or to determine whether or not the independent personal representative has properly administered the estate.  4. After hearing on the petition, the court may enter an order directing supervised administration, or the court may deny the petition conditioned upon the performance of some act by the independent personal representative, or the court may grant such other relief as the court deems appropriate under the circumstances. If the court finds that the actions of the independent personal representative have resulted in loss to the estate, the court may, in addition to ordering supervised administration, remove the personal representative and enter a judgment against him and his sureties, if any, in accordance with the provisions of section 473.207.  5. After an order revoking authorization for independent administration has been entered, the administration of the estate shall proceed under the provisions of this chapter other than sections 473.780 to 473.843. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1982   473.837. Settlement of estate, when  notice  distribution.  An independent personal representative may petition for an order of complete settlement of the estate. After notice is given pursuant to section 473.840 to all interested persons and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the independent personal representative from further claim or demand of any interested person. -------- (L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision) 
Effective - 23 May 1996   473.840. Completion of administration  discharge of independent personal representative, when  procedures  objections, time limitation, procedure.  1. Unless prohibited by order of the court, an independent personal representative may complete administration and be discharged in the manner prescribed by this section after six months and ten days from the date of the first published notice of letters testamentary or of administration.  2. To complete administration and be discharged in this manner the independent personal representative shall file in the court a document called a statement of account which shall include:  (1) A statement that notice was given under sections 473.033 and 473.783 and that first publication as required by section 473.783 occurred more than six months before the filing of the statement of account;  (2) A complete accounting, omitting vouchers, of all receipts and disbursements of the probate assets by the personal representative;  (3) A statement that all claims, expenses of administration and taxes have been paid in full, or if not paid, what items have not been paid in full and why;  (4) A statement that, unless objection to the proposed distribution is filed in court within twenty days after the filing of the statement of account, the independent personal representative will distribute probate assets in accordance with a schedule of proposed distribution included in the statement of account;  (5) A schedule of proposed distribution of probate assets; and  (6) A statement that notice was given in the manner provided by subdivision (2) of subsection 2 of section 472.100 at least twenty-nine days prior to the filing of the statement of account which notice stated that: (a) the independent personal representative would file the statement of account on a date certain or as continued by the court, and (b) objections to the schedule of proposed distribution shall be filed with the court within twenty days after the filing of the statement of account. The notice shall be published once a week for four consecutive weeks, the last publication to be at least seven days prior to the date specified in the notice for filing of the statement of account.  3. Copies of the statement of account, omitting vouchers, copies of the original and any supplementary and corrected inventories and all settlements filed in the court, and a notice, shall be mailed together by ordinary mail before they are filed in the court to each interested party. The notice shall state that the statement of account will be filed in the court on a date stated in the notice. Such notice shall further state that if no objection is filed in the court within twenty days after the filing of the statement of account, the independent personal representative will distribute in accordance with the schedule of proposed distribution contained in the statement of account. The notice shall further state that if no proceeding is commenced in the court within six months after the filing of the statement of account, the independent personal representative is discharged from further claim or demand by an interested party.  4. If no objection is filed within such twenty days after filing, the court shall not have any duty to audit or make inquiry into such statement of accounts, and the personal representative shall make distribution in accordance with the proposed schedule as filed. If an objection is filed within twenty days, the court shall conduct a hearing on such objections and, if necessary shall require vouchers and audit the statement of account, and thereafter determine and order proper distribution and make an order discharging the representative.  5. Proof of the mailing of the notice and of the copies of the statement of account, inventories and settlements shall be filed in the court with the statement of account, and such proof shall be by a statement signed by the independent personal representative listing the persons to whom and addresses to which mailing was made and the date of mailing.  6. If no proceeding involving the independent personal representative is filed in the court within six months after the statement of account is filed, the representative is discharged from further claim or demand by any interested party. The court shall not make any order of discharge. If proceedings are filed within six months after the statement of account is filed, the liability, if any, of the representative, to interested parties, shall be determined by the court, and upon satisfaction of any such liability the court shall make an order discharging the representative. -------- (L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision, A.L. 1983 H.B. 369, A.L. 1996 S.B. 494)  Effective 5-23-96 
Effective - 01 Jan 1981   473.843. Time for complete settlement or filing of statement of account  extension.  Unless the time is extended by the court, an independent personal representative shall petition for an order of complete settlement under section 473.837, or file a statement of account under section 473.840, within one year after the original appointment of an independent personal representative of the estate. If he fails to do so, the court shall, upon application of any person interested in the estate, or upon its own motion, order the personal representative to close the estate or apply for an extension of time in which to do so. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1983   473.844. Distribution in kind  deeds, evidentiary effect  improper distribution, liability of distributee, exceptions.  1. If distribution in kind is made, the independent personal representative shall execute an instrument or deed of distribution assigning, transferring or releasing the assets to the distributee as evidence of the title of the distributee to the property.  2. Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from an independent personal representative, is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the independent personal representative may recover the assets or their value if the distribution was improper.  3. Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income since distribution if he has the property. If he does not have the property, then he is liable to return the value as of the date of disposition of the property improperly received and its income and gain received by him. -------- (L. 1983 H.B. 369) 
Effective - 28 Aug 1983   473.845. Interest of purchaser for value from, or lender to, distributee of property protected.  If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the independent personal representative, or is so acquired by a purchaser from or lender to a transferee from such distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order or the authority of the independent personal representative was terminated before execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as independent personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected under this provision, a purchaser or lender need not inquire whether an independent personal representative acted properly in making the distribution in kind, even if the independent personal representative and the distributee are the same person, or whether the authority of the independent personal representative had terminated before the distribution. -------- (L. 1983 H.B. 369) 
Effective - 23 May 1996   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 decedent;  (b) The first twenty thousand dollars in value of the intestate estate, plus one-half of the balance of the intestate estate, if there are surviving issue, all of whom are also issue of the surviving spouse;  (c) One-half of the intestate estate if there are surviving issue, one or more of whom are not issue of the surviving spouse;  (2) The part not distributable to the surviving spouse, or the entire intestate property, if there is no surviving spouse, shall descend and be distributed as follows:  (a) To the decedent's children, or their descendants, in equal parts;  (b) If there are no children, or their descendants, then to the decedent's father, mother, brothers and sisters or their descendants in equal parts;  (c) If there are no children, or their descendants, father, mother, brother or sister, or their descendants, then to the grandfathers, grandmothers, uncles and aunts or their descendants in equal parts;  (d) If there are no children or their descendants, father, mother, brother, sister, or their descendants, grandfather, grandmother, uncles, aunts, nor their descendants, then to the great-grandfathers, great-grandmothers, or their descendants, in equal parts; and so on, in other cases without end, passing to the nearest lineal ancestors and their children, or their descendants, in equal parts; provided, however, that collateral relatives, that is, relatives who are neither ancestors nor descendants of the decedent, may not inherit unless they are related to the decedent at least as closely as the ninth degree, the degree of kinship being computed according to the rules of the civil law; that is, by counting upward from the decedent to the nearest common ancestor, and then downward to the relative, the degree of kinship being the sum of these two counts, so that brothers are related in the second degree;  (3) If there is no surviving spouse or kindred of the decedent entitled to inherit, the whole shall go to the kindred of the predeceased spouse who, at the time of the spouse's death, was married to the decedent, in like course as if such predeceased spouse had survived the decedent and then died entitled to the property, and if there is more than one such predeceased spouse, then to go in equal shares to the kindred of each predeceased spouse;  (4) If no person is entitled to inherit as provided in this section the property shall escheat as provided by law. -------- (RSMo 1939  306, A.L. 1955 p. 385  236, A.L. 1980 S.B. 637, A.L. 1996 S.B. 494)  Prior revisions: 1929  306; 1919  303; 1909  332  Effective 5-23-96  CROSS REFERENCES:  Adopted child, right to inherit, 453.090, 453.170  Escheats, generally, Chap. 470  Estates of suicides to descend as in cases of natural death, Const. Art. I  30  (1958) Devise of undivided one-half interest in realty to testator's son for life and at his death to his children absolutely but if he should die without issue living, then to other son for life and at his death to other son's "heirs at law", was construed according to statute of descent and distribution in effect when second life tenant died rather than statute in effect at execution of will and testator's death and thus widow of second life tenant took one-half of the undivided one-half interest against contention that testator indicated intent that land go to his descendants. Thomas v. Higginbotham (Mo.), 318 S.W.2d 234. 
Effective - 10 Jun 1981   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 intestate succession, and the decedent's heirs are determined accordingly. If the time of death of the decedent, or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by one hundred twenty hours, it is deemed that the person failed to survive for the required period.  2. This section is not to be applied where its application would result in a taking of intestate estate by the state under section 474.010. -------- (L. 1980 S.B. 637, A.L. 1981 S.B. 117)  Effective 6-10-81 
Effective - 28 Aug 1955   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 children, come into partition, they shall take per capita, that is, by persons; where a part of them are dead, and part living, and the issue of those dead have a right to partition, such issue shall take per stirpes; that is, the share of the deceased parent. -------- (RSMo 1939  310, A.L. 1955 p. 385  237)  Prior revisions: 1929  310; 1919  307; 1909  336 
Effective - 28 Aug 1955   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) 
Effective - 28 Aug 1955   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 blood shall inherit only half as much as those of the whole blood; but if all collaterals are of the half blood, they shall have whole portions, only giving to the ascendants double portions. -------- (RSMo 1939  309, A.L. 1955 p. 385  239)  Prior revisions: 1929  309; 1919  306; 1909  335  (1956) Descendant of child who was adopted by mother of deceased after her divorce from father of deceased held entitled to inherit from deceased as nephew of half blood. Vreeland v. Vreeland (Mo.), 296 S.W.2d 55.
Effective - 28 Aug 1955   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 intestate, unless they are born and capable in law to take as heirs at the time of the intestate's death. -------- (RSMo 1939  307, A.L. 1955 p. 385  240)  Prior revisions: 1929  307; 1919  304; 1909  333 
Effective - 10 Jun 1981, 2 histories   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 succession by, through, or from a person, an adopted person is the child of an adopting parent and not of the natural parents, except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and such natural parent.  2. In cases not covered by subsection 1 herein, a person born out of wedlock is a child of the mother. That person is also a child of the father, if either of the following occur:  (1) The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void;  (2) The paternity is established by an adjudication before the death of the father, or is established thereafter by clear and convincing proof, except that the paternity established under this subdivision (2) is ineffective to qualify the father or his kindred to inherit from or through the child, unless the father has openly treated the child as his, and has not refused to support the child. -------- (L. 1980 S.B. 637, A.L. 1981 S.B. 117)  Effective 6-10-81  (1985) Provisions of section are applicable for purposes of determining paternity in applications for Social Security survivor's benefits under 42 U.S.C.  416(h)(2)(A). Greer by Greer v. Heckler (8th Cir.), 756 F.2d 794.
Effective - 28 Aug 1955   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; 1919  312; 1909  341  (1967) This statute applies not only to a child born out of wedlock, but also to a child born in wedlock, but sired by a man who was not the mother's husband. The three essential elements of legitimation under this section are actual paternity, intermarriage and recognition. Simpson v. Blackburn (A.), 414 S.W.2d 795.
Effective - 28 Aug 1955   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 
Effective - 01 Jan 1981   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 by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose, the property advanced is valued as of the time the heir came into possession or enjoyment of the property, or as of the time of death of the decedent, whichever occurs first. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient's issue, unless the declaration or acknowledgment provides otherwise. -------- (L. 1955 p. 385  244, A.L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1955   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  310; 1909  339  CROSS REFERENCE:  Alien may acquire real estate by descent or devise, 442.560 
Effective - 28 Aug 1955   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) 
Effective - 28 Aug 1963   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 by a written contract did agree to waive such rights, after full disclosure of the nature and extent thereof, including the nature and extent of all property interests of the parties, and if the thing or promise given to the waiving party is a fair consideration under all the circumstances. -------- (RSMo 1939  334, A.L. 1955 p. 385  247, A.L. 1963 p. 655)  Prior revisions: 1929  334; 1919  330; 1909  362  (1964) Where husband and wife had entered antenuptial contract by which each agreed not to share in the other's estate and waived all interest or claims of every kind and nature and all marital, statutory, and dower rights and allowances as surviving spouse, widower was barred from claiming homestead and family support allowance as well as other participation in wife's estate, except as authorized by the contract. In re Adelman's Estate (A.), 377 S.W.2d 549. (1968) Anticipatory, preparatory, collateral, and ancillary acts performed in reliance on a verbal contract, generally are not sufficient part performance to call for an exception to the provisions of the statute of frauds; but if the verbal agreement is sufficiently established, the acts are done with the knowledge of the other party, and if the changes in circumstances resulting from such acts are of such nature that the consequences thereof are, or may be, disastrous, the court may enforce the contract, even though the acts are not, strictly speaking, in execution of the contract. Pointer v. Ward (Mo.), 429 S.W.2d 269.
Effective - 28 Aug 1955   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 demands his inheritance and statutory rights, then the estate and interest so conveyed to the surviving spouse ceases and determines. -------- (RSMo 1939  336, A.L. 1955 p. 385  249)  Prior revisions: 1929  336; 1919  332; 1909  364 
Effective - 28 Aug 2001   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 from his or her spouse for one whole year next preceding his or her death, or dwells with another in a state of adultery continuously, such spouse is forever barred from his or her inheritance rights, homestead allowance, exempt property or any statutory allowances from the estate of his or her spouse unless such spouse is voluntarily reconciled to him or her and resumes cohabitation with him or her. -------- (RSMo 1939  337, A.L. 1955 p. 385  250, A.L. 2001 H.B. 537)  Prior revisions: 1929  337; 1919  333; 1909  365  (1963) Wife was barred from statutory rights and allowances in deceased husband's estate on the ground that she had abandoned him for more than one year, and husband's filing of cross petition in wife's divorce action which was not concluded before husband's death held not to constitute acquiescence in such abandonment. Heil v. Shriner's Hospital for Crippled Children (A.), 365 S.W.2d 736. (1967) A claimant may qualify as a "widow" within the purview of this section only if she has been reduced to that condition by the ordinary and usual vicissitudes of life and not by a felonious act committed by her which created that condition. In re Estate of Laspy (A.), 409 S.W.2d 725.
Effective - 28 Aug 2018, 2 histories   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 in the decedent's estate, shall, at the election of such surviving spouse, be treated as a testamentary disposition and may be recovered from the donee and persons taking from the decedent without adequate consideration and applied to the payment of the spouse's share, as in case of his or her election to take against the will.  2. Any conveyance of real estate made by a married person at any time without the joinder or other written express assent of such spouse, made at any time, duly acknowledged, is deemed to be in fraud of the marital rights of such spouse, if the spouse becomes a surviving spouse, unless the contrary is shown.  3. Any conveyance of the property of the spouse of a disabled person is deemed not to be in fraud of the marital rights of the disabled person if the probate division of the circuit court authorizes the conservator of the disabled person to join in or assent to the conveyance after finding that it is not made in fraud of the marital rights. Any conveyance of the property of a minor or disabled person made by a conservator pursuant to an order of court is deemed not to be in fraud of the marital rights of the spouse of the protectee. -------- (L. 1955 p. 385  251, A.L. 1957 p. 829, A.L. 1959 S.B. 141, A.L. 1983 S.B. 44 & 45, A.L. 2018 H.B. 1250)  CROSS REFERENCE:  Conveyance of estate by entireties by guardian of minor or incompetent, 442.035 
Effective - 01 Jan 1981   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 by  (1) Provisions of a will stating material provisions of the contract;  (2) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or  (3) A writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1957   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 election to take against the will, shall receive in addition to exempt property and the allowance under section 474.260 one-half of the estate, subject to the payment of claims, if there are no lineal descendants of the testator; or, if there are lineal descendants of the testator, the surviving spouse shall receive one-third of the estate subject to the payment of claims;  (2) When a surviving spouse elects to take against the will he shall be deemed to take by descent, as a modified share, such part of the estate as comes to him under the provisions of this section, and shall take nothing under the will;  (3) Whenever there is an effective election to take against a will which provides for benefits to accrue upon the death of the surviving spouse, the election has the same effect as to the benefits as if the surviving spouse had predeceased the testator, unless the will otherwise provides.  2. The rights of the surviving spouse under this section are not given in lieu of the homestead allowance under section 474.290, but any homestead allowance made to the surviving spouse shall be offset against the share taken under this section. -------- (L. 1955 p. 385  252, A.L. 1957 p. 829)  (1984) In determining how the surviving spouse's election to take against the will affects the distribution of the rest of the estate when the testator has not specified what is to happen, the court held that the legislature did not intend for the abatement statute to apply to an election to take against the will. Wilkinson v. Brune (Mo.App.E.D.), 682 S.W.2d 107.
Effective - 01 Jan 1981   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 increased by the aggregate value of all money and property derived by the surviving spouse from the decedent by any means other than testate or intestate succession, exempt property or family allowance without a full consideration in money or money's worth. The aggregate value of money and property so derived by the surviving spouse from the decedent shall be offset against the elective share given by section 474.160.  2. Property derived from the decedent includes, but is not limited to:  (1) Any beneficial interest of the surviving spouse in a trust created by the decedent during his lifetime;  (2) Any property appointed to the spouse by the decedent's exercise of a general or special power of appointment also exercisable in favor of persons other than the spouse;  (3) Any proceeds of insurance, including accidental death benefits, on the life of the decedent attributable to premiums paid by him;  (4) Any lump sum immediately payable, and the commuted value of the proceeds of annuity contracts under which the decedent was the primary annuitant, attributable to premiums paid by him;  (5) The commuted value of amounts payable after the decedent's death under any public or private pension, disability compensation, death benefit or retirement plan, exclusive of the Federal Social Security system, by reason of service performed or disabilities incurred by the decedent; and  (6) The value of the share of the surviving spouse resulting from rights in community property in any other state formerly owned with the decedent. Premiums paid by the decedent's employer, his partner, a partnership of which he was a member, or his creditors, are deemed to have been paid by the decedent.  3. When immediately before the decedent's death the surviving spouse was a cotenant or remainderman with respect to money, property, a trust fund or an account in a bank or other financial institution and, incident to such death, the surviving spouse became the sole owner thereof or the owner of a life interest therein, the whole value of such sole ownership or life interest shall be deemed to have been received from the decedent, except as to the proportion of such value, if any, derived from contributions toward the acquisition, establishment or creation of the money, property, fund or account made by the surviving spouse or ascendant or collateral blood relatives of the surviving spouse, other than the decedent.  4. Property owned by the surviving spouse at the decedent's death is valued as of the date of death. Property transferred by the spouse is valued at the time the transfer became irrevocable, or at the decedent's death, whichever occurred first. Income earned by included property prior to the decedent's death is not treated as property derived from the decedent.  5. Property owned by the surviving spouse as of the decedent's death, or previously transferred by the surviving spouse, is presumed to have been derived from the decedent, except to the extent that the surviving spouse establishes that it was derived from another source.  6. If it appears that the elective share given by section 474.160, as computed in accordance with this section, will be less advantageous to the surviving spouse than the provision made for that spouse by the will, the surviving spouse may rescind the election to take against the will.  7. Nothing in this section shall be deemed to require the surviving spouse to refund to the estate money or property derived from the decedent or its value. -------- (L. 1980 S.B. 637)  Effective 1-01-81  (1986) The property which passes to a spouse upon decedent's death is to be deemed received from decedent except as to proportion of such value, if any, which was derived from "contributions" toward acquisition, establishment or creation of property made by the surviving spouse. "Contribution" means contribution in money or money's worth. Estate of Leve v. Leve, (A.), 704 S.W.2d 263.
Effective - 28 Aug 1983   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, informing him that a written election must be filed by or on behalf of the surviving spouse in order to take against the will, within ten days after the expiration of the time limited for contesting the will of the decedent, unless the time is extended pursuant to law. Failure of the clerk to mail or of any surviving spouse to receive the notice herein required does not affect the time for making an election as prescribed by section 474.180. If the court is informed that a surviving spouse has been adjudicated a disabled or incapacitated person but has no guardian or conservator the notice need not be given but the court may appoint a guardian ad litem to make the election. -------- (L. 1955 p. 385  253, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 1957   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 making the election, litigation is pending to test the validity or to determine the effect or construction of the will, or to determine the existence of issue surviving the decedent, or to determine any other matter of law or fact which would affect the amount of the share to be received by the surviving spouse, the right of the surviving spouse to make an election shall not be barred until the expiration of ninety days after the final determination of the litigation. -------- (L. 1955 p. 385  254, A.L. 1957 p. 829) 
Effective - 28 Aug 1983   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 may be in the following form:   I, A. B., surviving wife (or husband) of C. D., late of the county of ______ and state of ______ do hereby elect to take my legal share in the estate of the said C. D., and do hereby renounce all provisions in the will of the said C. D. inconsistent herewith.   Signed,  __________________     (Acknowledgment) (Signature)   -------- (L. 1955 p. 385  255, A.L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 1983   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 may elect for him with the approval of the court or, on application of an interested person, the court may order his guardian ad litem or conservator to elect for him. -------- (L. 1955 p. 385  256, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 1955   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 of the right, if the thing or the promise given to the waiving party is a fair consideration under all the circumstances. This written contract, agreement or waiver may be filed in the same manner as hereinbefore provided for the filing of an election. -------- (L. 1955 p. 385  258)  (1964) Section 474.220 exclusively controls a will case and section 474.120 applies only to an intestate estate. In re Adelman's Estate (A.), 377 S.W.2d 549. (1964) Surviving widower who had entered into antenuptial contract with wife and received fair consideration therefor and where there had been full disclosure, could not elect to take against wife's will. In re Adelman's Estate (A.), 377 S.W.2d 549.
Effective - 28 Aug 1955   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 474.010 to 474.030, in any estate undisposed of by the will. By taking under the will or consenting thereto, he does not thereby waive his right to a homestead allowance, to exempt property or to an allowance under section 474.260 unless it clearly appears from the will that the provision therein made for him was intended to be in lieu of such rights or any of them. -------- (L. 1955 p. 385  259)  (1961) Where will gave to the surviving spouse such part of his estate as under the laws of the state his wife would be entitled, she would receive such part under the will notwithstanding that the parties had entered into a property settlement the day before the decedent died contemplating a divorce between them. Crist v. Nesbit (A.), 352 S.W.2d 53.
Effective - 01 Jan 1981   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, unless it appears from the will that the omission was intentional or that the testator provided for the spouse by transfer outside the will, and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator, the amount of the transfer or other evidence.  2. In satisfying a share provided by this section, the devises made by the will abate as provided in section 473.620. -------- (L. 1980 S.B. 637)  Effective 1-01-81  (1984) Surviving spouse was testator's sister-in-law at time will was executed and was provided for only as member of class including in-laws. Was held to be an omitted spouse. Estate of Groeper v. Groeper (Mo.App.E.D.) 665 S.W.2d 367.
Effective - 01 Jan 1981   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 testator had died intestate, unless:  (1) It appears from the will that the omission was intentional;  (2) When the will was executed the testator had one or more children and devised substantially all his estate to the other parent of the omitted child; or  (3) The testator provided for the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator, the amount of the transfer or other evidence.  2. If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child receives a share in the estate equal in value to that which he would have received if the testator had died intestate.  3. An illegitimate child is not a child of a male testator, for the purposes of this section, unless the testator, during his lifetime or in the will, recognized that the child was his.  4. In satisfying a share provided in this section, the devises made by the will abate as provided in section 473.620. -------- (L. 1955 p. 385  260, A.L. 1980 S.B. 637)  Effective 1-01-81  (1989) Child omitted from parent's will is not entitled to inherit unless he is born or adopted after the execution of the will. Statute does not require that child be "recognized" as such by parent or that the child be legitimate. Moyer v. Walker, 771 S.W.2d 363 (Mo.App.S.D.). 
Effective - 23 May 1996   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 passenger motor vehicle, including a pickup truck, with its means of propulsion, all wearing apparel of the family, all household electrical appliances, all household musical and other amusement instruments and all household and kitchen furniture, appliances, utensils and implements. Such property shall belong to the surviving spouse, if any, otherwise to the unmarried minor children in equal shares. -------- (RSMo 1939  106, A.L. 1955 p. 385  134, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1996 S.B. 494)  Effective 5-23-96 
Effective - 23 May 1996   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 children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, which allowance may not continue for longer than one year. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor or dependent children; otherwise to the children, or person having their care and custody, but if a minor or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or the child's guardian or other person having the child's care and custody, and partially to the spouse, as their needs may appear. In setting the amount of the support allowance for any persons entitled to such support, the court may consider the previous standard of living of the applicant, the condition of the estate, the income and other assets available to the applicant and the applicant's expenses. The support allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent, unless otherwise provided, by intestate succession or by way of elective share. The death of any person entitled to a family allowance terminates the right to allowances not yet paid.  2. The court may authorize the recipient of the support allowance to receive any property of the estate in lieu of all or part of the money allowance authorized by this section, and in any case where the court makes an allowance in money, the recipient of the support allowance may select and receive any property of the estate, of a value not exceeding the allowance in money, which shall be in lieu of and which value shall be credited against the allowance. The right of selection provided for in this section is subject to the provisions of section 473.620. The allowance authorized by this section is exempt from all claims.  3. Where real estate is selected pursuant to this section, the provisions of subsections 2, 3, 4, 5 and 6 of section 474.290 shall be followed. -------- (RSMo 1939  106, A.L. 1955 p. 385  135, A.L. 1957 p. 829, A.L. 1965 p. 637, A.L. 1967 p. 645, A.L. 1971 S.B. 85, A.L. 1980 S.B. 637, A.L. 1996 S.B. 494)  Prior revisions: 1929  106, 107; 1919  105, 106; 1909  114, 115  Effective 5-23-96 
Effective - 28 Aug 1957   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 of the claims against the estate. -------- (RSMo 1939  108, A.L. 1955 p. 385  136, A.L. 1957 p. 829)  Prior revisions: 1929  109; 1919  108; 1909  117 
Effective - 28 Aug 1957   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 paid to the surviving spouse or unmarried minor children at any time before the same is paid out for claims or distributed. -------- (RSMo 1939  109, A.L. 1955 p. 385  137, A.L. 1957 p. 829)  Prior revisions: 1929  110; 1919  109; 1909  118 
Effective - 23 May 1996   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 minor children of a decedent, shall make an allowance to the surviving spouse or unmarried minor children of an amount not exceeding fifty percent of the value of the estate, exclusive of exempt property, and the allowance made under section 474.260, but in no case shall the allowance exceed fifteen thousand dollars. Such allowance shall be known as a homestead allowance and is in addition to the exempt property and the allowance to the surviving spouse and unmarried minor children under section 474.260. The homestead allowance is exempt from all claims against the estate. The homestead allowance shall be offset against the share to which the surviving spouse or any minor child who receives it is entitled as a distributee of the estate, but the allowance shall not be diminished if it is greater than the distributive share. The allowance may consist, in whole or in part, of money or property, real or personal, and subject to the provisions of section 473.620, property may be selected as provided in this section. The homestead allowance is the property of the surviving spouse, if any; but if there is no surviving spouse or if the surviving spouse dies before receiving the homestead allowance, then it is the property of the unmarried minor children in equal shares. When a decedent is survived by married minor children or children of full age, or both, and also by unmarried minor children but no spouse, the homestead allowance as determined under the foregoing provisions of this section shall be divided by the total number of all of the children of the decedent and the shares of the unmarried minor children as so determined shall, notwithstanding the foregoing provisions, constitute the homestead allowance. The selection of property shall be made by the surviving spouse, if any, otherwise by the guardian or conservator of each unmarried minor child for such child, or by a person designated by the court, but no real estate may be selected or included in any homestead allowance unless selection of the specific real estate is requested in the application filed within the time provided by subsection 7 of this section.  2. If real estate is included in the homestead allowance, the personal representative shall convey the same as determined by this section by deed to the person entitled thereto.  3. If a surviving spouse selects, as a homestead allowance, an interest in property having a value in excess of the homestead allowance, the court shall order the personal representative to convey the property to the surviving spouse upon the payment to the estate by such spouse of an amount of money equal to the difference between the value of the property and the homestead allowance or it shall order the personal representative to convey an undivided interest in the property to the surviving spouse which is equivalent to the ratio which the homestead allowance bears to the value of the property, at the option of the spouse.  4. If the court finds that real estate selected by the surviving spouse is a part of a larger tract and that the real estate selected may be separated from the residue of the larger tract without great prejudice to the owners, the court may proceed to set off to the surviving spouse the real estate constituting the homestead allowance in the same manner as provided by sections 528.200 to 528.240 for the partition of real estate, and this portion so set off shall be conveyed by the personal representative, by deed, to the surviving spouse.  5. In all proceedings under this section the court may order such appraisals of the property selected as it deems necessary and it shall determine the value of the property after due notice to all interested parties in the manner as ordered by the court pursuant to section 472.100 and hearing pursuant thereto.  6. If within five days after the court's determination of the value of the property any interested party files written exception to the court's determination and avers in the exception that the amount so determined is excessive or inadequate and if the court finds that a sale of the property would be in the best interests of the estate, then the court, in lieu of the procedures provided in subsections 1 and 2, may order a public sale of such property in the manner provided by sections 473.507 and 473.510. Upon such sale, if the surviving spouse is the high bidder, the amount of the homestead allowance shall be credited against the purchase price. Within ten days after such sale a report of the sale shall be filed and upon approval of the report by the court, the personal representative shall execute, acknowledge and deliver a conveyance to the purchaser according to the order of approval which in form and substance shall be the same as that provided for in subsection 2 of section 473.520, omitting any reference to certificate of appraisement.  7. If no application for the setting apart and allowance authorized in this section is filed within ten days after expiration of the time allowed for filing of claims, the homestead allowance is deemed waived by the surviving spouse or the unmarried minor children and the spouse or the unmarried minor children have no right to homestead or homestead allowance under any law of this state.  8. The allowance made under this section is in lieu of all dower and homestead rights in the property of a decedent. After January 1, 1956, no right of homestead under sections 513.495* and 513.500* vests in the surviving spouse or minor children of any decedent, but neither this section nor the repeal of sections 513.495* and 513.500* affects homestead rights heretofore vested in any surviving spouse or minor children. -------- (L. 1955 p. 385  138, A.L. 1957 p. 829, A.L. 1961 p. 653, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1996 S.B. 494)  Effective 5-23-96  *Sections "513.495 and 513.500" were both repealed by L. 1957 p. 292  1.  (1960) Where widow selected the only asset in the estate consisting of real estate of a value of twice the amount of the homestead allowance, she was entitled to a conveyance of an appropriate interest in the real estate but not to a fee simple conveyance subject to lien for the difference in value. In re Estate of Walton (Mo.), 330 S.W.2d 834. (1960) Where widow selected an interest in specific real estate as her homestead allowance and an undivided interest therein was conveyed to her, such interest was subject to partition. Wyatt v. Bauer (A.), 332 S.W.2d 301.
Effective - 01 Jan 1981   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, payment, partition or delivery, or do any other act which the court could direct, authorize, make or do under sections 474.250, 474.260, 474.280 and 474.290, except that he may not, without court authorization, set the family allowance at more than a lump sum of six thousand dollars or periodic installments in excess of five hundred dollars per month for one year. The independent personal representative, or any person aggrieved by any determination, finding, authorization, allowance, conveyance, payment, partition, delivery or other act, or by failure to act, under this section, may petition the court for appropriate relief, which relief may provide a family allowance larger or smaller than that which the independent personal representative determined or could have determined. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1965   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 surviving spouse to the allowance or the ordering thereof by the court. If an unmarried minor child dies, marries or comes of age, no allowance shall be made under section 474.260 for his maintenance for any period after such death, marriage or coming of age. When a surviving spouse dies without having received the homestead allowance, it may be paid or may be allowed to the unmarried minor children. If an unmarried minor child entitled to homestead allowance dies, marries or comes of age before his homestead allowance has been made, and within the time for applying for it, he shall not be entitled to the allowance, but if he dies, marries or comes of age after it has been allowed but before it was paid, he shall be entitled to it. -------- (L. 1955 p. 385  138A, A.L. 1965 p. 637)  (1960) Where surviving spouse died without applying for homestead allowance, her estate was not entitled to such allowance although its application was timely made. Schubel v. Bonacker (Mo.), 331 S.W.2d 552.
Effective - 28 Aug 1999   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 whole or any part of his or her body to any college, university, licensed hospital or to the state anatomical board for use in the manner expressly provided by his or her will or otherwise. -------- (L. 1955 p. 385  261, A.L. 1999 H.B. 136 merged with S.B. 271) 
Effective - 28 Aug 1955   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. -------- (RSMo 1939  520, A.L. 1955 p. 385  262)  Prior revisions: 1929  519; 1919  507; 1909  537  (1974) Subsequent to execution and attestation of will testator wrote "nine" over word "ten" and wrote "9" over figure "10" and marked through and circled name of one of the distributees of the remaining nine-tenths of his estate intending to eliminate such person as a distributee. Court held that effect of alterations would be to increase portions of other distributees as well as to revoke share of the distributee whose name was stricken and that such changes constituted a new and distinct testamentary disposition which, since not attested, were not legally effective and, applying doctrine of dependent relative revocation, no revocation was had and will remained in effect as originally written. Oliver v. Union National Bank of Springfield (A.), 504 S.W.2d 647. (1974) Held that unwitnessed interlinear alterations in a will indicated testator's intent to cancel entire document. Watson v. Landvatter (Mo.), 517 S.W.2d 117. (1974) An agreement to transfer an insurance business on the death of current owner held not to constitute a testamentary disposition. Hunt v. Dallmeyer (A.), 517 S.W.2d 720.
Effective - 28 Aug 1955   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 will is also attested by two disinterested witnesses, forfeit so much of the provisions therein made for him as in the aggregate exceeds in value, as of the date of the testator's death, what he would have received had the testator died intestate.  3. No attesting witness is interested by reason of being a creditor of the estate or because he is named executor in the will or unless the will gives to him some personal and beneficial interest. -------- (L. 1955 p. 385  278)  (1954) Executor of will is competent as a witness to sustain will in will contest action and is not disqualified under the dead man's statute. Reidinger v. Adams (Mo.), 266 S.W.2d 610. (1954) Beneficiary under will may testify as to handwriting of deceased on letters and envelopes which are used as exhibits in will contest. Reidinger v. Adams (Mo.), 266 S.W.2d 610.
Effective - 23 May 1996   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, documents of title, securities and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must either be in the handwriting of the testator or be signed by the testator, must be dated and must describe the items and the devisees with reasonable certainty. The writing may:  (1) Be referred to as one to be in existence at the time of the testator's death;  (2) Be prepared before or after the execution of the will;  (3) Be altered by the testator after its preparation; and  (4) Be a writing which has no significance apart from its effect upon the dispositions made by the will. -------- (L. 1980 S.B. 637, A.L. 1996 S.B. 494)  Effective 5-23-96 
Effective - 12 Jun 1991   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 of this state, and evidenced by the officer's certificate, under official seal, attached or annexed to the will in form and content substantially as follows:   THE STATE OF ______   COUNTY OF ______   I, the undersigned, an officer authorized to administer oaths, certify that ______, the testator, and the witnesses, whose names are signed to the attached or foregoing instrument, having appeared together before me and having been first duly sworn, each then declared to me that the testator signed and executed the instrument as his last will, and that he had willingly signed or willingly directed another to sign for him, and that he executed it as his free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his knowledge the testator was at that time eighteen or more years of age, of sound mind, and under no constraint or undue influence.   In witness whereof I have hereunto subscribed my name and affixed my official seal this ______ day of ______, 20______.   (Signed) __________________________________________   (SEAL) __________________________________________    (Official capacity of officer)    2. An officer authorized to administer oaths under the laws of this state, who has no official seal, including a commissioner of deeds acting under section 486.130, and a judge advocate or other commissioned officer of the Armed Forces acting under Article 136 of the Uniform Code of Military Justice (United States Code, Title 10, Section 936), whether or not on active duty, section 492.070, or an equivalent court rule, may, in lieu of affixing an official seal to his certificate, include in it a statement that he has no official seal and reciting the facts which establish his authority. Such a statement has the same effect as an official seal. -------- (L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1991 S.B. 358)  Effective 6-12-91 
Effective - 28 Aug 1955   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 testator before two disinterested witnesses;  (2) Reduced to writing by or under the direction of one of the witnesses within thirty days after such declaration; and  (3) Submitted for probate within six months after the death of the testator.  2. The nuncupative will may dispose of personal property only and to an aggregate value not exceeding five hundred dollars.  3. A nuncupative will neither revokes nor changes an existing written will. -------- (L. 1955 p. 385  263) 
Effective - 28 Aug 1955   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) 
Effective - 01 Jan 1981, 2 histories   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 time of execution or the time of the testator's death, the testator is domiciled, has a place of abode or is a national. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1955   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 like effect. -------- (RSMo 1939  552, A.L. 1955 p. 385  266)  Prior revisions: 1929  551; 1919  539; 1909  568 
Effective - 28 Aug 1955   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 county where real estate is affected thereby, or filed in the office of the recorder of deeds in such county. All wills so authenticated, admitted to probate in any county, or filed for record in any recorder's office, give notice thereof, and they, or certified copies thereof, shall be admitted as evidence in all courts in this state. When any will is admitted to probate in this state under this section a certified copy thereof, under official seal, made by the judge or clerk, or, in case the same is filed in the office of the recorder of deeds, a copy of the record thereof, and order admitting it to probate, duly authenticated, may be filed in any other county in this state where real estate is thereby affected, with like effect as if originally filed therein. -------- (RSMo 1939  553, A.L. 1955 p. 385  267)  Prior revisions: 1929  552; 1919  540 
Effective - 28 Aug 1998   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 such arrangements as necessary to create an English translation. The reasonable costs associated with document translation shall be reimbursed from the estate or trust or both, as provided in the trust agreement, testamentary document, or as allocated by the court. -------- (L. 1998 S.B. 583 & 645  5) 
Effective - 28 Aug 1955   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  268)  Prior revisions: 1929  553; 1919  541; 1909  569 
Effective - 28 Aug 2014   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 the interested person would trigger application of the no-contest clause or would otherwise trigger a forfeiture that is enforceable under applicable law and public policy, which application would be adjudicated in the manner prescribed in section 456.4-420, and subject to the provisions set forth therein.  2. For purposes of this section, a "no-contest clause" shall mean a provision in a will purporting to rescind a donative transfer to, or a fiduciary appointment of, any person who institutes a proceeding challenging the validity of all or part of the will, or that otherwise effects a forfeiture of some or all of an interested person's beneficial interest in the estate as a result of some action taken by the beneficiary. This definition shall not be construed in any way as determining whether a no-contest clause is enforceable under applicable law and public policy in a particular factual situation. As used in this section, the term "no-contest clause" shall also mean an "in terrorem clause". -------- (L. 2014 H.B. 1231 merged with S.B. 500 merged with S.B. 621) 
Effective - 28 Aug 1955   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 consent and direction. -------- (RSMo 1939  521, A.L. 1955 p. 385  269)  Prior revisions: 1929  520; 1919  508; 1909  538  (1961) In proceeding to contest will on ground proposed will had been revoked by later will, the burden was on the contestants to show execution of later will and that it either expressly revoked the proposed will or that its provisions were so inconsistent with the prior will as to revoke the former will by implication. Yates v. Jeans (A.), 345 S.W.2d 657. (1974) Subsequent to execution and attestation of will testator wrote "nine" over word "ten" and wrote "9" over figure "10" and marked through and circled name of one of the distributees of the remaining nine-tenths of his estate intending to eliminate such person as a distributee. Court held that effect of alterations would be to increase portions of other distributees as well as to revoke share of the distributee whose name was stricken and that such changes constituted a new and distinct testamentary disposition which, since not attested, were not legally effective and, applying doctrine of dependent relative revocation, no revocation was had and will remained in effect as originally written. Oliver v. Union National Bank of Springfield (A.), 504 S.W.2d 647.
Effective - 01 Jan 1981   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 whole or in part, unless it is evident from the circumstances of the revocation of the second will or from testator's contemporary or subsequent declarations that he intended the first will to take effect as executed.  2. 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 a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator intended the first will to take effect. -------- (RSMo 1939  525, A.L. 1955 p. 385  270, A.L. 1980 S.B. 637)  Prior revisions: 1929  524; 1919  513; 1909  543  Effective 1-01-81  (1961) Where will gave to the surviving spouse such part of his estate as under the laws of the state his wife would be entitled, she would receive such part under the will notwithstanding that the parties had entered into a property settlement the day before the decedent died contemplating a divorce between them. Crist v. Nesbit (A.), 352 S.W.2d 53. (1964) This statute held to have revoked reciprocal wills of husband and wife which were executed and a divorce obtained prior to effective date of the statute where part performance on part of wife of alleged parol agreement to keep wills in force and not revoke them was insufficient to remove alleged oral agreement from operation of statute of frauds and the application of this revocation section. Rookstool v. Neaf (Mo.), 377 S.W.2d 402.
Effective - 28 Aug 1955   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 time of the divorce. With this exception, no written will, nor any part thereof, can be revoked by any change in the circumstances or condition of the testator. -------- (L. 1955 p. 385  271) 
Effective - 01 Jan 1981   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 the lifetime gift, or the testator declares in a contemporaneous writing that the gift is to be deducted from the devise or in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction. For purpose of partial satisfaction, property given during the testator's lifetime is valued as of the time the devisee came into possession or enjoyment of the property or as of the time of death of the testator, whichever occurs first. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1955   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, A.L. 1955 p. 385  272)  Prior revisions: 1929  567; 1919  555; 1909  583  (1958) Devise of undivided one-half interest in realty to testator's son for life and at his death to his children absolutely but if he should die without issue living then to other son for life and at his death to other son's "heirs at law" was construed according to statute of descent and distribution in effect when second life tenant died rather than statute in effect at execution of will and testator's death and thus widow of second life tenant took one-half of the undivided one-half interest against contention that testator indicated intent that land go to his descendants. Thomas v. Higginbotham (Mo.), 318 S.W.2d 234. (1960) There is a strong presumption against partial intestacy but where the language used by the testator is plain and unequivocal, the court cannot give it a different meaning. In re Fowler's Estate (Mo.), 338 S.W.2d 44. (1963) Where testator devised all the remainder of his property, after debts were paid, to his wife "she to have complete control and free will in the management and disposal of same so long as she may live", the widow received fee simple title to the realty. Shaw v. Wertz (Mo.), 369 S.W.2d 215.  1963) Where testator devised one-sixth of his property to his wife for life with remainder to testator's "children and heirs" the words "children" and "heirs" were treated as synonymous so that the children received a vested remainder in the one-sixth interest. Walters v. Sisler (Mo.), 371 S.W.2d 187. (1964) Where wife bequeathed one-half of her estate to her husband and failed to specify whether the half was to be determined on the basis of the gross estate or on the basis of the net or distributable estate, court held that she intended that charges and expenses be paid from gross estate and that the bequests be determined as a percentage of the net of distributable estate remaining. St. Louis Union Trust Co. v. Kruger (Mo.), 377 S.W.2d 303. (1967) This section requires that, in determining the true intent and meaning of testators, courts must first look to the will, but if the language of the will is determined to be ambiguous they may look to surrounding facts and circumstances. Seltzer v. Schroeder (A.), 409 S.W.2d 777.
Effective - 01 Jan 1981   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 purposes of intestate succession. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1955   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, either in law or equity; but the property passes by the devise or bequest, subject to the same remedies on the bond, covenant or agreement, for specific performance or otherwise, against the devisees or legatees, as might be had by law against the heirs of the testator, or his next of kin, if the same had descended to them. -------- (RSMo 1939  523, A.L. 1955 p. 385  273)  Prior revisions: 1929  522; 1919  511; 1909  541 
Effective - 28 Aug 1955   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 the same property, previously executed.  2. When any property is specifically devised and at the time of the testator's death is subject to a mortgage, pledge, or other lien created prior to the execution of the will or created by a mortgage, pledge, or other lien executed after the execution of the will as a renewal, or extension, or refinancing of the debt created prior to the execution of the will, the devisee shall take the property so devised subject to the charge or encumbrance unless the will provides expressly or by necessary implication that such mortgage be otherwise paid, but if the mortgage, pledge or other lien was created after the execution of the will the devisee shall take the property exonerated from the encumbrance unless it appears from the terms of the loan agreement or from the circumstances surrounding the loan transaction that the testator intended that the encumbrance should be paid out of the encumbered property rather than from his general estate. -------- (RSMo 1939  524, A.L. 1955 p. 385  274)  Prior revisions: 1929  523; 1919  512; 1909  542  CROSS REFERENCE:  Redemption of encumbered property, 473.287, 473.387 
Effective - 01 Jan 1981   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 dealing explicitly with simultaneous deaths or deaths in a common disaster, or requiring that the devisee survive the testator or survive the testator for a stated period in order to take under the will. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 01 Jan 1981   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 one hundred twenty hours, the descendants shall take the estate, real or personal, as the devisee would have done if he had survived the testator by one hundred twenty hours. -------- (RSMo 1939  528, A.L. 1955 p. 385  275, A.L. 1980 S.B. 637)  Prior revisions: 1929  527; 1919  516; 1909  546  Effective 1-01-81  (1962) Where decedent left his entire estate to his sister and expressly stated in his will that he did not desire his half-sister to have any part of his estate, the half-sister would inherit the estate when the sister who was devised all of the estate died before the testator. In re Smith's Estate (Mo.), 353 S.W.2d 721. (1972) The term "relative" as used in this statute is reserved for relatives by consanguinity and not by marriage. McComb v. Lyons (Mo.), 487 S.W.2d 16.
Effective - 10 Jun 1981   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 legacy of the stock, bonds, promissory notes or securities, and the devisee is entitled to those received by the testator in exchange to the extent that they are part of his estate. A change, by a stock split or like device, in the proportional interest in a corporation represented by a share of its stock, entitles a devisee of a specified number of shares to so many shares as are needed to represent the same proportional interest in the corporation as the specified number represented when the will was executed, whether the devise is specific, general or demonstrative. -------- (L. 1980 S.B. 637, A.L. 1981 S.B. 117)  Effective 6-10-81 
Effective - 01 Jan 1981   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 persons and the share of one of the residuary devisees fails for any reason, his share passes to the other residuary devisee, or to other residuary devisees in proportion to their interest in the residue. -------- (L. 1980 S.B. 637)  Effective 1-01-81 
Effective - 28 Aug 1955   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 heirs, or heirs of the body of the life tenant, are entitled to take as purchasers in fee simple, by virtue of the remainder so limited in them. -------- (RSMo 1939  563, A.L. 1955 p. 385  276)  Prior revisions: 1929  562; 1919  555; 1909  578 
Effective - 28 Aug 1955   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 intended to convey an estate for life only, and no further devise is made of the devised premises, to take effect after the death of the devisee to whom the same is given, it shall be understood to be the intention of the testator thereby to devise an absolute estate in the same, and the devise conveys an estate in fee simple to the devisee, for all of the devised premises. -------- (RSMo 1939  564, A.L. 1955 p. 385  277)  Prior revisions: 1929  563; 1919  551; 1909  579  (1957) Where will devised residue absolutely to testator's widow and then in a subsequent paragraph expressed the "wish and desire" that she will the part devised which remained at her death to his heirs, widow had fee simple estate. Thompson v. Smith (Mo.), 300 S.W.2d 404. (1959) Devise to mother and sister of testatrix "as joint tenants with right of survivorship" held to evidence intention to devise to the two a joint estate for life with remainder to the survivor, so that conveyance of one-half of estate by one of the joint tenants could not affect the right of survivorship granted to the other. Hunter v. Hunter (Mo.), 320 S.W.2d 529. (1964) Where testator devised residue of property to wife "the same shall be her property as long as she remain a single person" and provided for no gift over in the event wife died without having remarried, court held that wife received a determinable life estate, that quoted words were words of limitation and not of condition and that the gift over in event of remarriage of wife took effect on death of wife. Buschmeyer v. Eikermann (Mo.), 378 S.W.2d 468.
Effective - 28 Aug 1955   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 will shall be recorded in the recorder's office in each county within six months after probate. -------- (RSMo 1939  549, A.L. 1955 p. 385  286A)  Prior revisions: 1929  548; 1919  536; 1909  566  CROSS REFERENCE:  Recorded will to impart notice, when, 490.340 
Effective - 01 Jul 1997   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 court shall receive and keep the will, and give a certificate of deposit for it.  2. Every will intended to be deposited shall be sealed in an appropriate manner approved by the circuit court, en banc, subject to administrative rules of the supreme court, which shall have endorsed thereon "Will of", followed by the name of the testator. The clerk of the court shall endorse thereon the day when, and the person by whom, it was delivered. The wrapper may also be endorsed with the name of the person to whom the will is to be delivered after the death of the testator. It shall not be opened or read until delivered to a person entitled to receive it, or otherwise disposed of as hereinafter provided.  3. During the lifetime of the testator, the will shall be delivered only to such testator, or to some person authorized by such testator by an order in writing duly proved by the oath of a subscribing witness. After the testator's death, the clerk shall notify the person named in the endorsement on the wrapper of the will, if there is a person so named, and deliver it to such person.  4. If the will is not delivered to a person named in the endorsement on the wrapper, it shall be publicly opened in the court within thirty days after notice of the testator's death, and be retained by the court until offered for probate. Notice shall be given to the executor named therein and to such other persons as the court may designate. If the proper venue is in another court, the will shall be transmitted to such court; but before such transmission a true copy thereof shall be made and retained in the court in which the will was deposited. -------- (L. 1955 p. 385  280, A.L. 1978 H.B. 1634, A.L. 1996 S.B. 869)  Effective 7-01-97  CROSS REFERENCE:  Fees required by probate division for deposit of will with the court prior to death of testator for safekeeping, 488.1010. 
Effective - 28 Aug 1955   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, if a construction of the will is necessary to the determination of an issue properly before the court, the court may construe the will in connection with the determination of such issue. When a petition for the construction of a will is filed, notice of the hearing thereon shall be given to interested persons. -------- (L. 1955 p. 385  281) 
Effective - 02 Jan 1979   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 been spread upon the records of said court for ten years, have the same force and effect and shall be received as evidence in all the courts of this state, as though properly approved and probate confirmed at a regular session of the court. -------- (RSMo 1939  530, A.L. 1955 p. 385  282, A.L. 1978 H.B. 1634)  Prior revision: 1929  529  Effective 1-02-79 
Effective - 28 Aug 2018, 3 histories   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 or after the appointment of a conservator, and liabilities of the estate which arise at or after the adjudication of disability or after the appointment of a conservator of the estate, including expenses of the adjudication and of administration. The term does not include demands or disputes regarding title of the protectee to specific assets alleged to be included in the estate;  (3) "Conservator", one appointed by a court to have the care and custody of the estate of a minor or a disabled person. A "limited conservator" is one whose duties or powers are limited. The term "conservator", as used in this chapter, includes limited conservator unless otherwise specified or apparent from the context;  (4) "Conservator ad litem", one appointed by the court in which particular litigation is pending regarding the management of financial resources on behalf of a minor, a disabled person, or an unborn person in that particular proceeding or as otherwise specified in this chapter;  (5) "Custodial parent", the parent of a minor who has been awarded sole or joint physical custody of such minor, or the parent of an incapacitated person who has been appointed as guardian of such person, by an order or judgment of a court of this state or of another state or territory of the United States, or if there is no such order or judgment, the parent with whom the minor or incapacitated person primarily resides;  (6) "Disabled" or "disabled person", one who is:  (a) Unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the person lacks ability to manage the person's financial resources; or  (b) The term disabled or disabled person, as used in this chapter includes the terms partially disabled or partially disabled person unless otherwise specified or apparent from the context;  (7) "Eligible person" or "qualified person", a natural person, social service agency, corporation or national or state banking organization qualified to act as guardian of the person or conservator of the estate pursuant to the provisions of section 475.055;  (8) "Guardian", one appointed by a court to have the care and custody of the person of a minor or of an incapacitated person. A "limited guardian" is one whose duties or powers are limited. A "standby guardian" is one approved by the court to temporarily assume the duties of guardian of a minor or of an incapacitated person under section 475.046. The term guardian, as used in this chapter, includes limited guardian and standby guardian unless otherwise specified or apparent from the context;  (9) "Guardian ad litem", one appointed by a court, in which particular litigation is pending on behalf of a minor, an incapacitated person, a disabled person, or an unborn person in that particular proceeding or as otherwise specified in this code;  (10) "Habilitation", a process of treatment, training, care, or specialized attention that seeks to enhance and maximize the ability of a person with an intellectual disability or a developmental disability to cope with the environment and to live as determined by the person as much as possible, as is appropriate for the person considering his or her physical and mental condition and financial means;  (11) "Incapacitated person", one who is unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the person, even with appropriate services and assistive technology, lacks capacity to manage the person's essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur. The term incapacitated person as used in this chapter includes the term partially incapacitated person unless otherwise specified or apparent from the context;  (12) "Interested persons", spouses, children, parents, adult members of a ward's or protectee's family, creditors or any others having a property right or claim against the estate of a protectee being administered, trustees of a trust of which the ward or protectee is a beneficiary, agents of a durable power of attorney for a ward or protectee, and children of a protectee who may have a property right or claim against or an interest in the estate of a protectee. This meaning may vary at different stages and different parts of a proceeding and shall be determined according to the particular purpose and matter involved;  (13) "Least restrictive alternative", with respect to the guardianship order and the exercise of power by the guardian, a course of action or an alternative that allows the incapacitated person to live, learn, and work with minimum restrictions on the person, as are appropriate for the person considering his or her physical and mental condition and financial means. Least restrictive alternative also means choosing the decision or approach that:  (a) Places the least possible restriction on the person's personal liberty and exercise of rights and that promotes the greatest possible inclusion of the person into his or her community, as is appropriate for the person considering his or her physical and mental condition and financial means; and  (b) Is consistent with meeting the person's essential requirements for health, safety, habilitation, treatment, and recovery and protecting the person from abuse, neglect, and financial exploitation;  (14) "Manage financial resources", either those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, income or any assets, or those actions necessary to prevent waste, loss or dissipation of property, or those actions necessary to provide for the care and support of such person or anyone legally dependent upon such person by a person of ordinary skills and intelligence commensurate with his or her training and education;  (15) "Minor", any person who is under the age of eighteen years;  (16) "Parent", the biological or adoptive mother or father of a child whose parental rights have not been terminated under chapter 211, including:  (a) A person registered as the father of the child by reason of an unrevoked notice of intent to claim paternity under section 192.016;  (b) A person who has acknowledged paternity of the child and has not rescinded that acknowledgment under section 193.215; and  (c) A person presumed to be the natural father of the child under section 210.822;  (17) "Partially disabled person", one who is unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that such person lacks capacity to manage, in part, his or her financial resources;  (18) "Partially incapacitated person", one who is unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to the extent that such person lacks capacity to meet, in part, essential requirements for food, clothing, shelter, safety, or other care without court-ordered assistance;  (19) "Protectee", a person for whose estate a conservator or limited conservator has been appointed or with respect to whose estate a transaction has been authorized by the court under section 475.092 without appointment of a conservator or limited conservator;  (20) "Seriously ill", a significant likelihood that a person will become incapacitated or die within twelve months;  (21) "Social service agency", a charitable organization organized and incorporated as a not-for-profit corporation under the laws of this state and which qualifies as an exempt organization within the meaning of Section 501(c)(3), or any successor provision thereto of the federal Internal Revenue Code;  (22) "Standby guardian", one who is authorized to have the temporary care and custody of the person of a minor or of an incapacitated person under the provisions of section 475.046;  (23) "Treatment", the prevention, amelioration or cure of a person's physical and mental illnesses or incapacities;  (24) "Ward", a minor or an incapacitated person for whom a guardian, limited guardian, or standby guardian has been appointed. -------- (L. 1955 p. 385  283, A.L. 1979 H.B. 95, A.L. 1983 S.B. 44 & 45, A.L. 1994 S.B. 734, A.L. 2009 H.B. 154, A.L. 2014 H.B. 1064, A.L. 2018 S.B. 806) 
Effective - 28 Aug 1985   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 consistently relied on prayer for healing in accordance with the religion of any church which teaches reliance on spiritual means for healing. -------- (L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.) 
Effective - 10 Jun 1981   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 receiving or has received benefits from the Veterans' Administration, if the original petition for appointment of a guardian is filed after December 31, 1980.  2. When the Veterans' Administration is paying disability compensation, dependency and indemnity compensation, or a pension to a person, it has standing to petition for the appointment of a guardian for that person, his property, or both, and to appear as an interested person in any guardianship proceeding instituted for the person or his property by anyone. For purposes of this subsection, none of the following are sufficient to make the Veterans' Administration an interested person in a guardianship proceeding:  (1) Acceptance or guarantee of payment of a mortgage;  (2) Payment of dividends on or proceeds of a government or national service life insurance policy;  (3) Provision of a flag to cover a coffin, a tombstone or burial expenses;  (4) Payment of tuition, cost of books and supplies, or a subsistence allowance to a person entitled to educational benefits;  (5) Provision of hospitalization, surgery, or medical care. -------- (L. 1955 p. 385  284, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117)  Effective 6-10-81 
Effective - 28 Aug 2018, 2 histories   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 deemed totally incapacitated and totally disabled as defined in section 475.010, until such time as the probate division of the circuit court of the county of proper venue, upon the annual review proceeding prescribed by section 475.082 or otherwise, may review the nature of the incapacity or disability of the person so adjudicated and alter the nature of the adjudication if, as a consequence of the review, it appears to the court that the person is not both totally incapacitated and totally disabled as defined in section 475.010. A guardian of the person appointed before September 28, 1983, shall be deemed a guardian as defined in section 475.010. A guardian of the estate appointed before September 28, 1983, shall be deemed a conservator as defined in section 475.010.  2. Existing guardians and conservators shall have one year after August 28, 2018, to meet any annual and other reporting requirements that are different from the former requirements of this chapter* prior to August 28, 2018. -------- (L. 1983 S.B. 44 & 45  475.015, A.L. 2018 S.B. 806)  *Words "chapter 475" appear in original rolls.
Effective - 28 Aug 1983   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 provision of sections 475.010 to 475.370, they shall be applied as if "decedent" or "deceased" read "ward" or "protectee", "executor" or "administrator" or "personal representative" read "guardian", "conservator" and the like, as the case may be, as far as applicable to guardianships and conservatorships and not inconsistent with the provisions of sections 475.010 to 475.370. In other cases, where no rule is set forth for guardianships and conservatorships in sections 475.010 to 475.370, the rule regarding decedents' estates in this law shall likewise apply to guardianships and conservatorships when applicable thereto and not inconsistent with the provisions of sections 475.010 to 475.370, unless a contrary rule of court is duly promulgated or declared; provided that the provisions of sections 473.780 to 473.840, relating to independent administration, shall not apply to guardianships or conservatorships. -------- (L. 1955 p. 385  285, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 1983   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 the mother, if living, is the natural guardian of their children, and has the custody and care of their persons and education. When the estate of a minor is derived from a parent, the parent as natural guardian has all of the powers of a conservator appointed by a court, with respect to property derived from him, except that no court order or authorization is necessary to exercise these powers and the natural guardian may invest, sell and reinvest the estate of the minor in such property as is reasonable and prudent. -------- (RSMo 1939  375, A.L. 1955 p. 385  286, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  375; 1919  371; 1909  430  (1958) Where child's estate was derived solely from father, court did not err in dismissing father's petition for declaratory judgment stating his right as natural guardian of child under  475.025, as it was before reenactment in 1957, since by its terms the section applied only to children's estates derived from both parents and in addition all questions as to father's powers and rights as natural guardian were moot at the date of judgment. Dyer v. Union Electric Co. (A.), 318 S.W.2d 401.
Effective - 28 Aug 1983   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 conservatorship of the estate of a minor shall be granted for that part of the estate of the minor which is not derived from a living parent who is acting as natural guardian.  3. Letters of conservatorship for the entire estate of a minor may be granted in the following cases:  (1) Where the minor has no parent living; or  (2) Where there is a natural guardian of the minor and where the court finds that the best interests of the minor require letters of conservatorship for all of his estate.  4. Letters of guardianship of the person of a minor may be granted in the following cases:  (1) Where a minor has no parent living;  (2) Where the parents or the sole surviving parent of a minor are unwilling, unable or adjudged unfit to assume the duties of guardianship;  (3) Where the parents or the sole surviving parent have had their parental rights terminated under chapter 211. -------- (RSMo 1939  375, 376, 378, 379, A.L. 1955 p. 385  287, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  375, 376, 378, 379; 1919  371, 372, 374, 375; 1909  403, 404, 406, 407  (1959) Where application for guardianship for person and estate of alleged incompetent individual held on felony warrant theretofore issued out of magistrate court was filed, the probate court had jurisdiction of the proceeding insofar as the estate was concerned (though not of the person) and should proceed to determine his competency. State ex rel. Standefer v. England (A.), 328 S.W.2d 732.
Effective - 28 Aug 2019, 2 histories   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 guardian. Placement by a court, fiduciary, or agency for evaluation, treatment, or residential care shall not constitute a choice of domicile by the minor or alleged incapacitated or disabled person; however, for the purpose of determining domicile, the court may consider the desire or intent of the alleged incapacitated or disabled person to the extent he or she has capacity; or  (2) If the minor or alleged incapacitated or disabled person has no domicile in this state, then in the county in which the minor or alleged incapacitated or disabled person has a significant connection. In determining under this section whether a minor or alleged incapacitated or disabled person has a significant connection, the court shall consider:  (a) Whether a juvenile, criminal, or probate court in a county of this state has previously or currently assumed jurisdiction over the minor or alleged incapacitated or disabled person under chapter 211 or 552;  (b) The location of the minor's or alleged incapacitated or disabled person's family and other persons required to be notified of the guardianship or conservatorship;  (c) Whether the minor or alleged incapacitated or disabled person has a residence or is physically present in the county and the duration of his or her physical presence or absence;  (d) The location of the minor's or alleged incapacitated or disabled person's property; and  (e) The extent to which the minor or alleged incapacitated or disabled person has ties such as voting registration, local tax return filing, vehicle registration, driver's license, social relationships, or receipt of services.  2. In the event the venue for purposes of guardianship and conservatorship are in different counties, venue shall be in the county of the guardianship.  3. If proceedings are commenced in more than one county, they shall be stayed except in the county where first commenced until final determination of venue in the county where first commenced. The proceeding is deemed commenced by the filing of a petition. -------- (L. 1955 p. 385  288, A.L. 1983 S.B. 44 & 45, A.L. 1999 S.B. 387, et al., A.L. 2019 S.B. 230) 
Effective - 28 Aug 1983   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 proceeding was commenced in the wrong county, or that the domicile or residence of the ward or protectee has been changed to another county, or in case of conservatorship of the estate that it would be for the best interest of the ward or disabled person and his estate, the court may order the proceeding with all papers, files and a transcript of the proceedings transferred to the probate division of the circuit court of another county. The court to which the transfer is made shall take jurisdiction of the case, place the transcript of record and proceed to the final settlement of the case as if the appointment originally had been made by it. -------- (L. 1955 p. 385  289, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 2009   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, shall be appointed as guardians or conservators of minors:  (1) The parent or parents of the minor, except as provided in section 475.030;  (2) If any minor over the age of fourteen years has no qualified parent living, a person nominated by the minor, unless the court finds appointment contrary to the best interests of the minor;  (3) Where both parents of a minor are dead, any person appointed under this section or section 475.046 by the will of the last surviving parent, who has not been adjudged unfit or incompetent for the duties of guardian or conservator.  2. Unfitness of any of the persons mentioned in subsection 1 for the duties of guardianship or conservatorship may be adjudged by the court after due notice and hearing.  3. If no appointment is made under subsection 1 of this section, the court shall appoint as guardian or conservator of a minor the most suitable person who is willing to serve and whose appointment serves the best interests of the child to a stable and permanent placement. -------- (RSMo 1939  375, 378, 379, 380, 392, A.L. 1955 p. 385  290, A.L. 1983 S.B. 44 & 45, A.L. 2009 H.B. 154)  Prior revisions: 1929  375, 378, 379, 380, 392; 1919  371, 374, 375, 376, 388; 1909  403, 406, 407, 408, 420  CROSS REFERENCE:  Public administrator appointed as guardian, when, 473.743 
Effective - 28 Aug 2009   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 separate written instrument which is dated and is either duly executed and acknowledged by the custodial parent or is signed by the custodial parent in the presence of at least two disinterested witnesses and subscribed by the witnesses. If the custodial parent executes more than one document designating a standby guardian and there is a conflict between the documents as to the person designated, the document bearing the latest date shall control.  2. If a custodial parent who has designated a standby guardian is or becomes seriously ill, the custodial parent or the person designated as standby guardian may file a petition in the probate division of the circuit court of the county which would be of proper venue for the appointment of a guardian of the minor or incapacitated person seeking appointment of the designated person as standby guardian. A copy of the will or separate written instrument designating the standby guardian and a consent to act as standby guardian signed by the person designated shall be filed with the petition, which petition shall state:  (1) The name, age, domicile, actual place of residence, and mailing address of the minor or incapacitated person;  (2) The name and address of the custodial parent and of the designated standby guardian;  (3) The name and address of each parent of the minor or incapacitated person and whether that parent is living or dead;  (4) The name and address of the spouse, if applicable, and the names, ages, and addresses of all living children of the minor or incapacitated person;  (5) If the person for whom appointment of a standby guardian is sought has been adjudicated incapacitated, the date of adjudication and the name and address of the court which entered the judgment; and  (6) The reasons why the appointment of a standby guardian is sought. Proceedings on the petition shall be conducted in the same manner as would be applicable in a case for appointment of a successor guardian under section 475.115.  3. The court shall determine appointment of a standby guardian in accordance with the best interests of the minor or incapacitated person after considering all relevant factors, including:  (1) Whether there is a parent other than the custodial parent and, if so, whether the other parent is willing, able, and fit to assume the duties of a parent;  (2) The suitability of a person nominated by the minor or incapacitated person if he or she is, at the time of hearing, able to communicate a reasonable choice; and  (3) The desirability of providing arrangements for the care, custody, and control of the minor or incapacitated person which shall minimize stress and disruption and avoid his or her placement in foster or similar care pending appointment of a guardian if the custodial parent is adjudicated incapacitated or dies.  4. If it appears to the court that a standby guardian should be appointed for a minor or incapacitated person, the court may appoint a standby guardian.  5. The authority of a person to act as standby guardian for a minor or incapacitated person shall only take effect as follows:  (1) If the person has previously been appointed by the court as standby guardian, upon the granting of letters of standby guardianship to the person previously appointed as provided in the order appointing the standby guardian; or  (2) If the person has not previously been appointed by the court as standby guardian, either because a petition for appointment has not been filed or because a petition has been filed but the proceedings are still pending, upon the first to occur of the following:  (a) The consent of the custodial parent in a writing duly executed and acknowledged by the custodial parent;  (b) Entry of an order adjudicating the custodial parent to be incapacitated; or  (c) The death of the custodial parent. The person shall, within ten days after he or she begins to act as standby guardian, notify the court in writing of that fact and of the reasons therefor. The court may grant letters of standby guardianship to the person or, if the court deems it advisable, conduct a hearing to determine the propriety of the person having begun, and continuing, to act as standby guardian and the propriety of issuing letters of standby guardianship to the person.  6. A person acting as standby guardian of a minor or incapacitated person shall, within sixty days after he or she begins to act, petition the court for appointment of the standby guardian or some other qualified person as guardian of the minor or incapacitated person. Proceedings on the petition shall be conducted in the same manner as would be applicable in a case for appointment of a successor guardian under section 475.115.  7. Nothing in this section shall be construed to:  (1) Deprive a parent of his or her legal rights with respect to a minor or incapacitated person who is a child of that parent, including court-ordered visitation with the child, nor to authorize a grant of authority to a standby guardian which would supersede any such rights; or  (2) Relieve a parent of his or her legal obligations or duties to a minor or incapacitated person who is a child of that parent, including a duty to support the child in accordance with a court or administrative order.  8. Except to the extent determined by the court to be inconsistent with the provisions of this section or as expressly provided in this section, the laws applicable to guardianship proceedings shall apply to all proceedings under this section. -------- (L. 2009 H.B. 154) 
Effective - 28 Aug 2018, 3 histories   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 appointing any of the following persons, listed in the order of priority, who appear to be willing to serve:  (1) If the incapacitated or disabled person is, at the time of the hearing, able to make and communicate a reasonable choice, any eligible person nominated by the person;  (2) Any eligible person nominated in a durable power of attorney executed by the incapacitated or disabled person, or in an instrument in writing signed by the incapacitated or disabled person and by two witnesses who signed at the incapacitated or disabled person's request, before the inception of the person's incapacity or disability;  (3) The spouse, parents, adult children, adult brothers and sisters and other close adult relatives of the incapacitated or disabled person;  (4) Any other eligible person or, with respect to the estate only, any eligible organization or corporation, nominated in a duly probated will of such a spouse or relative.  2. The court shall not appoint an unrelated third party as a guardian or conservator unless there is no relative suitable and willing to serve or if the appointment of a relative or nominee is otherwise contrary to the best interests of the incapacitated or disabled person. If the incapacitated or disabled person is a minor under the care of the children's division and is entering adult guardianship or conservatorship, it shall be a rebuttable presumption that he or she has no relative suitable and willing to serve as guardian or conservator.  3. Except for good cause shown, the court shall make its appointment in accordance with the incapacitated or disabled person's most recent valid nomination of an eligible person qualified to serve as guardian of the person or conservator of the estate.  4. Except for those individuals specified in subdivisions (1) and (2) of this subsection, the court shall require all guardians and conservators who are seeking appointment and who have a fiduciary responsibility to a ward, an incapacitated person, or a disabled person to submit at their own expense to a background screening that shall include the disqualification lists of the departments of mental health, social services, and health and senior services; the abuse and neglect registries for adults and children; a Missouri criminal record review; and the sexual offender registry. Individuals seeking appointment as a conservator shall also submit, at their own expense, to a credit history investigation. The nominated guardian or conservator shall file the results of the reports with the court at least ten days prior to the appointment hearing date unless waived or modified by the court for good cause shown by an affidavit filed simultaneously with the petition for appointment or in the event the protected person requests an expedited hearing. The provisions of this subsection shall not apply to:  (1) Public administrators; or  (2) The ward's, incapacitated person's, or disabled person's spouse, parents, children who have reached eighteen years of age, or siblings who have reached eighteen years of age.  5. Guardians certified by a national accrediting organization may file proof of certification in lieu of the requirements of subsections 4 and 6 of this section.  6. An order appointing a guardian or conservator shall not be signed by the judge until such reports have been filed with the court and reviewed by the judge, who shall consider the reports in determining whether to appoint a guardian or conservator. Such reports, or lack thereof, shall be certified either by an affidavit or by obtaining a certified copy of the reports. No reports or national criminal history record check shall be required by the court upon the application of a petitioner for an emergency temporary guardianship or emergency temporary conservatorship. The court may waive the requirements of this subsection for good cause shown. If appointed, a guardian or conservator may petition the court for reimbursement of the reasonable expenses of the credit history investigation and background screenings. -------- (L. 1983 S.B. 44 & 45, A.L. 1989 H.B. 145, A.L. 1994 S.B. 734, A.L. 1996 S.B. 719, A.L. 2018 S.B. 806) 
Effective - 28 Aug 1994   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 denied appointment as guardian of the person of a minor for the reason that the parent is a minor;  (2) Any charitable organization organized and incorporated as a not-for-profit corporation under the laws of this state prior to January 1, 1902, shall be qualified to continue to serve as guardian of the person of any ward for whom such charitable organization has been appointed guardian of the person prior to September 28, 1983, or to be appointed guardian of the person or persons adjudicated incapacitated subsequent to September 28, 1983;  (3) Any social service agency located within a county of the first classification or within a city not within a county except any county of the first classification without a charter form of government with a population of one hundred thousand or more inhabitants which contains all or part of a city with a population of three hundred fifty thousand or more inhabitants, which is found capable by the court of providing an active and suitable program of guardianship for the incapacitated person, taking into consideration the nature of such person's disability and the nature of such organization's services, may be appointed as guardian of the person; however, no social service agency shall be appointed as guardian of the person under this subdivision unless it employs a licensed professional found by the court to have sufficient expertise to meet the needs of the ward, and it is found by the court that such professional shall have primary responsibility for providing guardianship services to the incapacitated person for which such social service agency is appointed guardian. The court shall not appoint as guardian of the person under this subdivision a social service agency which is providing residential services to the ward;  (4) Any corporation authorized to do business in this state and empowered by its charter so to act or any national banking association authorized so to act in this state may be appointed conservator of the estate of a minor or disabled person. No corporation other than a social service agency may be appointed to serve as guardian of the incapacitated person.  2. No person or corporation, other than the public administrator of the county, shall be appointed guardian or conservator unless the appointee has filed a consent to act. Except as otherwise provided by this section, no person or corporation licensed as a facility by the Missouri department of mental health or the Missouri department of social services, nor any administrator, owner, operator, manager or employee of such a facility shall be appointed guardian of the person or conservator of the estate of any resident of that facility, unless related within the fourth degree of consanguinity or affinity to the resident. No full-time judge of any court of this state and no clerk, deputy clerk or division clerk shall be appointed as guardian of the person or conservator of the estate, but a judge, clerk, deputy clerk or division clerk may serve as a guardian or conservator for a ward or protectee who is a spouse or is within the third degree of relationship by consanguinity or affinity as calculated according to civil law. No natural person under eighteen years of age, other than as provided in subsection 1 of this section, no incapacitated or disabled person, and no habitual drunkard shall be appointed guardian of the person or conservator of the estate. No person whose letters of guardianship or conservatorship are revoked shall be appointed guardian or conservator within two years after the revocation. No one shall be appointed guardian of the person or conservator of the estate unless qualified to perform the duties of said office or offices.  3. A person becomes a guardian or conservator of a minor or incapacitated or disabled person upon issuance of letters of guardianship or conservatorship by the court. A person so appointed need not reside within this state in order to accept or serve as guardian or conservator, unless the court finds that such person, taking into consideration his place of residence, is unable to effectively perform the duties of guardian or conservator as provided by this code. The guardianship or conservatorship status continues until terminated, without regard to the location from time to time, whether within or outside of this state, of the guardian and ward or conservator and protectee.  4. Subsections 3 and 4 of section 473.117, section 473.689, and section 475.338 are applicable to nonresident guardians and conservators.  5. If a social service agency is appointed to act as guardian under this section, any other eligible person listed in subdivision (3) of subsection 1 of section 475.050 may petition the court to have the social service agency removed as guardian. The court shall grant the petition if it finds that the petitioner is qualified and will act in the best interests of the disabled or incapacitated person. The removal of a social service agency under such circumstances does not require evidence that the agency committed acts of misfeasance warranting the agency's removal pursuant to section 475.110.  6. A social service agency acting as a guardian pursuant to subdivision (4) of subsection 1 of this section may only authorize the withholding or withdrawal of artificially provided nutrition or hydration as prescribed under section 404.820. -------- (L. 1955 p. 385  292, A.L. 1957 p. 829, A.L. 1978 H.B. 1634, A.L. 1979 H.B. 95, A.L. 1983 S.B. 44 & 45, A.L. 1987 H.B. 637, A.L. 1994 S.B. 734)  (1977) Held, a relative is entitled to preference over a stranger as guardian unless the record discloses dissension in the family, adverse interest of the relative and the incompetent, lack of business ability of the relative or any other reason a stranger would best serve the interest of the incompetent. Roots v. Reid (A.), 555 S.W.2d 54.
Effective - 28 Aug 2018, 2 histories   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 state:  (1) The name, age, domicile, actual place of residence and post office address of the minor if known and if any of these facts is unknown, the efforts made to ascertain that fact;  (2) The estimated value of the minor's real and personal property, and the location and value of any real property owned by the minor outside of this state;  (3) If the minor has no domicile or place of residence in this state, the county in which the property or major part thereof of the minor is located;  (4) The name and address of the parents of the minor and whether they are living or dead;  (5) The name and address of the spouse, and the names, ages and addresses of all living children of the minor;  (6) The name and address of the person having custody of the person of the minor or who claims to have custody of the person of the minor;  (7) The name and address of any guardian of the person or conservator of the estate of the minor appointed in this or any other state;  (8) If appointment is sought for a natural person, other than the public administrator, the names and addresses of wards and disabled persons for whom such person is already guardian or conservator;  (9) The name and address of the trustees and the purpose of any trust of which the minor is a qualified beneficiary;  (10) The reasons why the appointment of a guardian is sought;  (11) A petition for the appointment of a guardian of a minor may be filed for the sole and specific purpose of school registration or medical insurance coverage. Such a petition shall clearly set out this limited request and shall not be combined with a petition for conservatorship;  (12) If the petitioner requests the appointment of co-guardians, a statement of the reasons why such appointment is sought and whether the petitioner requests that the co-guardians, if appointed, may act independently or whether they may act only together or only together with regard to specified matters;  (13) That written consent has been obtained from any person, including a public administrator, who is to be appointed as a co-guardian; and  (14) Whether the petitioner knows of any other court having jurisdiction over the minor and the name of the court, if known.  2. Any person may file a petition for the appointment of himself or herself or some other qualified person as guardian or limited guardian of an incapacitated person. Such petition shall state:  (1) If known, the name, age, domicile, actual place of residence, and post office address of the alleged incapacitated person, and for the period of three years before the filing of the petition, the most recent addresses, up to three, at which the alleged incapacitated person lived prior to the most recent address, and if any of these facts is unknown, the efforts made to ascertain that fact. In the case of a petition filed by a public official in his or her official capacity, the information required by this subdivision need only be supplied to the extent it is reasonably available to the petitioner;  (2) The estimated value of the alleged incapacitated person's real and personal property, and the location and value of any real property owned by the alleged incapacitated person outside of this state;  (3) If the alleged incapacitated person has no domicile or place of residence in this state, the county in which the property or major part thereof of the alleged incapacitated person is located;  (4) The name and address of the parents of the alleged incapacitated person and whether they are living or dead;  (5) The name and address of the spouse, the names, ages, and addresses of all living children of the alleged incapacitated person, the names and addresses of the alleged incapacitated person's closest known relatives, and the names and relationship, if known, of any adults living with the alleged incapacitated person; if no spouse, adult child, or parent is listed, the names and addresses of the siblings and children of deceased siblings of the alleged incapacitated person; the name and address of any agent appointed by the alleged incapacitated person in any durable power of attorney, and of the presently acting trustees of any trust of which the alleged incapacitated person is the grantor or is a qualified beneficiary or is or was the trustee or cotrustee and the purpose of the power of attorney or trust;  (6) The name and address of the person having custody of the person of the alleged incapacitated person;  (7) The name and address of any guardian of the person or conservator of the estate of the alleged incapacitated person appointed in this or any other state;  (8) If appointment is sought for a natural person, other than the public administrator, the names and addresses of wards and protectees for whom such person is already guardian or conservator;  (9) The factual basis for the petitioner's conclusion that the person for whom guardianship is sought is unable or partially unable by reason of some specified physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the person lacks capacity to meet essential requirements for food, clothing, shelter, safety, or other care such that serious physical injury, illness, or disease is likely to occur;  (10) The reasons, incidents, and specific behaviors demonstrating why the appointment of a guardian or limited guardian is sought;  (11) If the petitioner suggests the appointment of co-guardians, a statement of the reasons why such appointment is sought and whether the petitioner suggests that the co-guardians, if appointed, may act independently or whether they may act only together or only together with regard to specified matters; and  (12) Written consent has been obtained from any person, including a public administrator, who is to be appointed as a co-guardian.  3. If the person filing the petition seeks the appointment of an emergency guardian, the petition shall include the same requirements as provided in subsection 1 of this section and shall request the appointment per the requirements provided in subsection 15 of section 475.075. -------- (RSMo 1939  377, 447, A.L. 1955 p. 385  293, A.L. 1983 S.B. 44 & 45, A.L. 2000 S.B. 944, A.L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213, A.L. 2018 S.B. 806)  Prior revisions: 1929  377, 448; 1919  373, 444; 1909  405, 474  (1957) Where application for guardianship of minors did not give the domicile of the minors or of their parents, nor the names and addresses of the parents or spouses of the minors nor state who had custody of the minors, it failed to confer jurisdiction on the court to appoint the public administrator as guardian. In re Dugan (A.), 309 S.W.2d 145.
Effective - 28 Aug 2018, 2 histories   475.061. Application for conservatorship  may combine with petition for guardian of person.  1. Any person may file a petition in the probate division of the circuit court of the county of proper venue for the appointment of himself or herself or some other qualified person as conservator of the estate of a minor or disabled person. The petition shall contain the same allegations as are set forth in subdivisions (1), (8), and (10) of subsection 2 of section 475.060 with respect to the appointment of a guardian for an incapacitated person and, in addition thereto, an allegation that the respondent is unable by reason of some specific physical or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the respondent lacks ability to manage his financial resources or that the respondent is under the age of eighteen years.  2. A petition for appointment of a conservator or limited conservator of the estate may be combined with a petition for appointment of a guardian or limited guardian of the person. In such a combined petition allegations need not be repeated. -------- (L. 1983 S.B. 44 & 45, A.L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213, A.L. 2018 S.B. 806) 
Effective - 28 Aug 2018, 2 histories   475.062. Procedures for petition for appointment of conservator.  1. When a petition for appointment of a conservator of the estate of an alleged disabled person is not made or consented to by said alleged disabled person, the procedures as to notice, appointment of counsel, hearing and adjudication of disability as prescribed by section 475.075 shall be followed.  2. If a petition for appointment of a conservator is made by a person on account of that person's alleged disability or is made by another on behalf of that person with that person's consent endorsed on the petition or filed therewith, the court shall first appoint an attorney for that person. The court-appointed attorney shall advise the respondent of the respondent's rights and of the consequences of the appointment of the conservator.  3. If the court determines that the disability exists and the respondent desires the appointment, understands its purpose, and makes a reasonable choice of conservator, the court may, without notice or hearing, appoint the person, organization, or corporation designated by the respondent as conservator of the respondent's estate, provided that the conservator is suitable and qualified and has accepted or will accept the appointment.  4. If it appears that the respondent is a co-depositor or co-tenant, the other co-depositors and co-tenants shall, in any event, be given notice before the court acts.  5. If the whereabouts of a person alleged to be disappeared or detained pursuant to section 475.081 is unknown or the place or nature of his confinement or detention prevents personal service, service shall be made on him by publication in accordance with the rules of civil procedure. -------- (L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806) 
Effective - 28 Aug 1983   475.065. Single guardianship or conservatorship for two or more persons.  When application is made for the appointment of a guardian or conservator for two or more minors or incapacitated or disabled persons who are children of a common parent, or are parent and child, or are husband and wife, it is not necessary that a separate petition, bond or other paper be filed for each minor or incapacitated or disabled person and the guardianship or conservatorship of all may be considered as one proceeding except that there shall be a separate accounting when the guardianship or conservatorship terminates as to one ward or disabled person but not as to the others. -------- (L. 1955 p. 385  295, A.L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 2018, 2 histories   475.070. Notice of petition for appointment of guardian or conservator for a minor  service on parents of minor not required, when.  1. Before appointing a guardian or conservator for a minor, notice of the petition therefor shall be served upon the following unless they have signed such petition or have waived notice thereof:  (1) The minor, if over fourteen years of age;  (2) The parents of the minor;  (3) The spouse of the minor;  (4) The person or entity nominated to serve as guardian or conservator;  (5) If directed by the court:  (a) Any person who has been appointed guardian or any person having care and custody of the minor;  (b) Any department, bureau or agency of the United States or of this state or any political subdivision thereof, which makes or awards compensation, pension, insurance or other allowance for the benefit of the ward's estate;  (c) Any department, bureau or agency of this state or any political subdivision thereof or any charitable organization of this state, which may be charged with the supervision, control or custody of the minor.  2. If the minor is over fourteen years of age, there shall be personal service upon him if personal service can be had. Service on others may be had in accordance with section 472.100.  3. If a petition for the appointment of a guardian of a minor is filed for the sole and specific purpose of school registration or medical insurance coverage, upon the filing of an affidavit by the petitioner stating that, after due and diligent effort to the best of his or her ability, the whereabouts or identity of either or both parents of the minor remains unknown, the court may proceed with the appointment of such a guardian without having obtained service upon the parents of the minor. -------- (L. 1955 p. 385  296, A.L. 1959 S.B. 141, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2000 S.B. 944, A.L. 2018 S.B. 806) 
Effective - 28 Aug 2018, 2 histories   475.075. Hearing on capacity or disability  notice  service  contents of petition, appointment of attorney  examination of respondent, when  burden of proof  rights of respondent  factors court to consider.  1. Except as otherwise provided in section 475.062, when a petition for the appointment of a guardian ad litem, guardian, or conservator for any potential ward or protectee, who is then referred to as the respondent, is filed under this chapter on grounds other than minority, the court, if satisfied that there is good cause for the exercise of its authority, shall promptly set the petition for hearing.  2. The respondent shall be served in person with the following: A copy of the petition; a written notice stating the time and place the proceeding will be heard by the court, the name and address of appointed counsel, and the names and addresses of the witnesses who may be called to testify in support of the petition; and with a copy of the respondent's rights as set forth in subsections 9 and 10 of this section. The notice shall be signed by the judge or clerk of the court and served in person on the respondent a reasonable time before the date set for the hearing. A written notice stating the time and place for the petition to be heard by the court, and the name and address of counsel appointed to represent the respondent shall be served upon the spouse, parents, children who have reached the age of eighteen, any person serving as the respondent's guardian, conservator, limited guardian, or limited conservator, any person proposed to serve as guardian or conservator, any person having power to act in a fiduciary capacity with respect to any of the respondent's financial resources, any person having the respondent's care and custody known to the petitioner, and any co-tenants or co-depositors with the respondent. Each person so listed shall be served in any manner permitted by section 472.100. If no such spouse, parent, or child is known, notice shall be given to at least one of the respondent's closest relatives who have reached eighteen years of age.  3. If the public administrator is nominated as guardian or conservator or at any stage of the proceeding is being considered by the court to be nominated as guardian or conservator, the public administrator shall receive a copy of the petition from the petitioner or the court and any accompanying documents, including exhibits and medical opinions, receive written notice indicating the date and time of the proceeding, and have an opportunity to attend and be heard.  4. Upon the filing of a petition under the provisions of subsection 1 of this section or for the approval on behalf of the respondent of a transaction pursuant to section 475.092 or for the rendition of emergency medical treatment under the provisions of section 475.123, the court shall immediately appoint an attorney to represent the respondent in the proceeding. The attorney shall visit the respondent at least twenty-four hours prior to the hearing unless the court finds good cause for waiving this requirement. If the attorney finds that the respondent is capable of understanding the matter in question or of contributing to the advancement of the respondent's interest, the attorney shall obtain from the respondent all possible aid. If the attorney finds that the respondent is so impaired that the respondent cannot communicate or participate in the proceedings, the attorney shall consider all circumstances then prevailing and act with care to safeguard and advance the interests of the respondent.  5. If the court enters an order appointing an attorney for the respondent, it shall specify that the attorney shall have the right to obtain all medical and financial information of the respondent from medical care providers and financial institutions, and no medical care provider or financial institution shall be liable for damages or otherwise for the release of this information to the attorney appointed for the respondent. The court shall allow a reasonable attorney's fee for the services rendered, to be taxed as costs of the proceeding. Upon entry of appearance by private counsel on behalf of the respondent, the court may permit the court-appointed attorney to withdraw only if after a hearing the court finds cause to permit the withdrawal. The private counsel shall meet the requirements of the court-appointed attorney in representing the respondent as provided in subsection 4 of this section. The respondent's attorney shall not also serve as guardian ad litem or conservator ad litem for the respondent unless and until a judgment granting guardianship, conservatorship, limited guardianship, or limited conservatorship has been entered by the court. If the attorney for the respondent has filed or intends to file an appeal of such judgment, the attorney for the respondent shall not serve as guardian ad litem or conservator ad litem for the respondent until all proceedings in connection with such appeal have been finally resolved. The petitioner shall not nominate an attorney for the respondent.  6. The court may direct that the respondent be examined by a physician, licensed psychologist, or other appropriate professional if the other professional has experience or training in the alleged mental, physical, or cognitive impairment. The court-appointed physician, licensed psychologist, or other professional shall, prior to examination, explain to the respondent in simple language, the following:  (1) That the purpose of the examination is to produce evidence which may be used to determine whether the respondent is incapacitated, disabled, partially incapacitated, or partially disabled;  (2) That respondent has the right to remain silent;  (3) That anything respondent says may be used at the court hearing, and in making the determination of incapacity or disability.  7. The court-appointed physician, licensed psychologist, or other professional shall submit a report in writing to the court and to counsel for all parties. It shall not be a valid objection to the review of the report by the court or the attorneys for the parties that the court will be responsible for the ultimate determination of incapacity or partial incapacity. If other objections to the report are made by any party, the court may order a hearing for the limited purpose of determining whether the court shall admit the report. The court may allow a reasonable fee for the services rendered by the physician, licensed psychologist, or other professional to be taxed as costs in the proceeding.  8. If prima facie proof of partial or complete incapacity or disability, with or without the court-ordered evaluation as provided in subsections 6 and 7 of this section, is made upon motion by any party or the court on its own motion, a physician, licensed psychologist, or other appropriate professional is competent and may be compelled by the court to testify as to information acquired from the respondent, despite otherwise applicable testimonial privileges. Evidence received under this subsection that would otherwise be privileged and confidential may not be used in any other civil action or criminal proceeding without the consent of the holder of the privilege. Any resulting report shall be shared with the respondent and counsel for all parties but shall not be used in any other civil action or criminal proceeding without the consent of the holder of the privilege.  9. The petitioner has the burden of proving incapacity, partial incapacity, disability, or partial disability by clear and convincing evidence.  10. The respondent shall have the following rights in addition to those elsewhere specified and shall be advised of these rights by the attorney for the respondent:  (1) The right to be represented by an attorney;  (2) The right to have a jury trial;  (3) The right to present evidence in the respondent's behalf;  (4) The right to cross-examine witnesses who testify against the respondent;  (5) The right to remain silent;  (6) The right to have the hearing opened or closed to the public as the respondent elects;  (7) The right to a hearing conducted in accordance with the rules of evidence in civil proceedings, except as modified by this chapter;  (8) The right to be present at the hearing;  (9) The right to appeal the court's decision.  11. If the court finds that the respondent possesses capacity to manage the respondent's essential requirements for food, clothing, shelter, safety, and other care or that the respondent possesses the ability to manage the respondent's financial resources, the court shall deny the petition. On the other hand, if the court finds that the capacity of the respondent to receive and evaluate information or to communicate decisions is impaired to such an extent as to render the respondent incapable of managing some or all of the respondent's essential requirements for food, clothing, shelter, safety or other care so that serious physical injury, illness, or disease is likely to occur, or that the capacity of the respondent to receive and evaluate information or to communicate decisions is impaired to such an extent so as to render the respondent unable to manage some or all of the respondent's financial resources, the court shall appoint a guardian or limited guardian, a conservator or limited conservator, or both in combination.  12. If the court finds the respondent to be in some degree incapacitated or disabled, or both, the court, in determining the degree of supervision necessary, shall apply the least restrictive alternative principle as defined in this chapter and shall not restrict the respondent's personal liberty or the respondent's freedom to manage the respondent's financial resources to any greater extent than is necessary to protect the respondent's person and the respondent's financial resources. The limitations imposed upon the authority of the guardian or conservator as set forth in the findings of the court shall be stated in the letters of the guardian or conservator and shall be set forth in the notice of first publication of letters of conservatorship granted.  13. Before appointing a guardian or conservator, the court shall consider whether the respondent's needs may be met without the necessity of the appointment of a guardian or conservator, or both, by a less restrictive alternative including, but not limited to, the following:  (1) Evidence that the respondent has appointed an attorney-in-fact in a durable power of attorney executed by the respondent before the petition was filed;  (2) The management of the beneficial interests of the respondent in a trust by a trustee;  (3) Evidence that a representative payee has been appointed to manage the respondent's public benefits;  (4) Supported decision-making agreements or the provision of protective or supportive services or arrangements provided by individuals or public or private services or agencies;  (5) The use of appropriate services or assistive technology;  (6) The appointment of a temporary emergency guardian ad litem or conservator ad litem under subsection 15 of this section; or  (7) The appointment of a limited guardian or conservator.  14. The court shall make and recite in its order detailed findings of fact stating:  (1) The extent of the respondent's physical, mental, and cognitive incapacity to manage essential requirements for food, clothing, shelter, safety, or other care;  (2) The extent of the respondent's physical, mental, and cognitive incapacity to manage the respondent's financial resources;  (3) Whether the respondent requires placement in a supervised living situation and, if so, the degree of supervision needed;  (4) Whether the respondent's financial resources require supervision and, if so, the nature and extent of supervision needed;  (5) Whether the respondent retains the right to vote;  (6) Whether the respondent is permitted to drive a motor vehicle if the respondent can pass the required driving test; and  (7) Whether the respondent retains the right to marry.  15. If it is alleged in a petition that an alleged incapacitated or disabled respondent has no guardian or conservator and an emergency exists that presents a substantial risk that serious physical harm will occur to the respondent's person or irreparable damage will occur to the respondent's property because of the respondent's failure or inability to provide for the respondent's essential human needs or to protect the respondent's property, the court may, with notice to such person's attorney, as provided in subsection 4 of this section, and service of notice upon such person as provided in subsection 2 of this section, and, with or without notice to other persons interested in the proceeding, after hearing, appoint an emergency guardian ad litem or conservator ad litem for a specified period not to exceed ninety days and for specified purposes. Except for good cause shown, the court shall hold a hearing on petitions filed under this section within five business days of the filing of the petition. Orders appointing the guardian or conservator ad litem may be modified upon motion and hearing. Only after a hearing and a showing of continuing emergency need, the court may order the extension of the appointment of an emergency guardian ad litem or conservator ad litem from time to time, not to exceed ninety days each. A guardian ad litem or conservator ad litem may be removed at any time and shall make any report the court requires. Proceedings under this subsection shall not be employed as alternative to proceedings for the involuntary detention and treatment of a mentally ill person under the provisions of chapter 632. If no petition for guardianship, conservatorship, limited guardianship, or limited conservatorship has been filed within the first ninety days following the granting of emergency authority under this section, the court may terminate the authority granted under the emergency letters upon motion of the attorney for the respondent and a finding that doing so would not be manifestly contrary to the respondent's interest. -------- (RSMo 1939  447, 449, A.L. 1955 p. 385  297, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2018 S.B. 806)  Prior revisions: 1929  448, 450; 1919  444, 446; 1909  474, 476  (1986) Waiver of rights under this section must be affirmative and on the record. In re Link, 713 S.W.2d 487 (Mo. banc). (1996) A court may not circumvent the right to a jury trial by entering a judgment notwithstanding the verdict against the alleged incompetent. Matter of Korman, 913 S.W.2d 416 (Mo.App.E.D.).
Effective - 28 Aug 1983   475.077. Judgment of incapacity or disability set aside, when.  The court may, if just cause appears, at any time within sixty days after a judgment as to the capacity or disability of any person has been entered, set aside the judgment and order a new hearing; but if the result of the new hearing is the same as the result of the first, then the judgment shall not be set aside. -------- (L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 2018, 2 histories   475.078. Effect of adjudication.  1. An adjudication of partial incapacity or partial disability does not operate to impose upon the ward or protectee any legal disability provided by law except to the extent specified in the order of adjudication, provided that the court shall not impose upon the ward or protectee any legal disability other than those which are consistent with the condition of the ward or protectee.  2. An adjudication of incapacity or disability does operate to impose upon the ward or protectee all legal disabilities provided by law, except to the extent specified in the order of adjudication or otherwise in this chapter, and provided further that the court is without authority to impose any legal disability upon a disabled person for whom a conservator has been appointed by reason of the person's disappearance, detention, or confinement.  3. A person who has been adjudicated incapacitated or disabled or both shall be presumed to be incompetent, except as otherwise specified in this chapter. A person who has been adjudicated partially incapacitated or partially disabled or both shall be presumed to be competent. The court at any time after a hearing on the question may determine that an incapacitated, disabled, or partially incapacitated or partially disabled person is incompetent for some purposes and competent for other purposes.  4. The court may expressly enter an order that the ward's or protectee's right to vote shall be retained even though the ward or protectee is otherwise totally incapacitated; that the ward or protectee is permitted to drive a motor vehicle if the ward or protectee can pass the required driving test; or that the ward or protectee retains the right to marry. -------- (L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806) 
Effective - 28 Aug 2018, 2 histories   475.079. Order appointing guardian or conservator.  1. If it appears to the court or if it is found by the jury or the court upon proof by clear and convincing evidence that the person for whom a guardian is sought is incapacitated as defined in this law and that the respondent's identified needs cannot be met by a less restrictive alternative, the court may appoint a guardian of the person.  2. If it is found that the person for whom a conservator of the estate is sought is a minor or is disabled as defined in section 475.010 by a disability other than or in addition to minority and that the respondent's identified needs cannot be met by a less restrictive alternative, the court may appoint a conservator of the estate, who may be the same person appointed guardian of the person.  3. The court shall not appoint the public administrator to serve as guardian, limited guardian, conservator, limited conservator, emergency guardian, emergency conservator, guardian ad litem, or conservator ad litem unless notice is first given to the public administrator as provided in subsection 3 of section 475.075 and the public administrator has an opportunity to participate in any hearing on such matter, including the right to cross examine witnesses and to offer witnesses and evidence. The public administrator may waive notice and the opportunity to participate. -------- (L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806) 
Effective - 28 Aug 2018, 3 histories   475.080. Appointment of limited guardian or conservator.  1. If the court, after hearing, finds that a person is partially incapacitated and that the respondent's identified needs cannot be met by a less restrictive alternative, the court shall appoint a limited guardian of the person of the ward. The order of appointment shall specify the powers and duties of the limited guardian so as to permit the partially incapacitated ward to provide for self-care commensurate with the ward's ability to do so and shall also specify the legal disabilities to which the ward is subject. In establishing a limited guardianship, the court shall impose only such legal disabilities and restraints on personal liberty as are necessary to promote and protect the well-being of the individual and shall design the guardianship so as to encourage the development of maximum self-reliance and independence in the individual.  2. If the court, after hearing, finds that a person is partially disabled and that the respondent's identified needs cannot be met by a less restrictive alternative, the court shall appoint a limited conservator of the estate. The order of appointment shall specify the powers and duties of the limited conservator so as to permit the partially disabled person to manage the person's financial resources commensurate with the person's ability to do so. -------- (L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806) 
Effective - 28 Aug 1994   475.081. Persons having disappeared, absent from country, or forcibly detained, to be partially disabled, limited conservator appointed  procedure  termination, when.  1. If a person has disappeared and cannot be located or has been forcibly detained either illegally or by a foreign government or is absent by reason of being physically located in a country other than the United States and is unable to return to the United States because of physical or mental condition, for a period of one month or more, and such disappearance, detention, or physical location makes it impossible for that person, or any person legally acting on his behalf, to manage his financial resources as defined in section 475.010, any person may file a petition in the probate division of the circuit court of proper venue for appointment of himself or some other qualified person as limited conservator for the disappeared, detained, or absent person. The court shall order a hearing in accordance with section 475.075, in which the alleged disappeared, detained, or absent person shall be deemed to be an alleged partially disabled person. If the court finds that the respondent has disappeared, is detained or is absent by reason of being physically located in a country other than the United States and is unable to return to the United States because of physical or mental condition as provided in this section, the court may grant letters of limited conservatorship, but the powers granted to the limited conservator and the powers of the court shall be limited to those powers necessary for the support and maintenance of persons legally dependent upon the respondent and to powers necessary to prevent loss to the estate of the respondent during his disappearance, detention, or absence. The estate shall be administered upon the presumption that the respondent is alive.  2. A conservator appointed pursuant to this section shall immediately notify the court if the protectee has been found, has been released or has been returned to the United States. Upon receiving knowledge of such facts from the conservator or from any other source, the court shall order the conservatorship terminated and require the conservator to file final settlement.  3. In addition to the provisions of sections 475.082 and 475.270, a conservator appointed pursuant to this section shall notify the court every three months of the continuing disappearance, detention, or absence of the protectee which notice shall include the then current address of the conservator and the addresses of all persons legally dependent upon the protectee. -------- (L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 1994 S.B. 734) 
Effective - 28 Aug 2018, 2 histories   475.082. Review of status of persons under guardianship or conservatorship  required report, content.  1. At least annually, the court shall inquire into the status of every adult ward and protectee under its jurisdiction for the purpose of determining whether the incapacity or disability may have ceased or changed and to insure that the guardian or conservator is discharging the guardian's or conservator's responsibilities and duties in accordance with this chapter.  2. In order to implement the court review prescribed by this section, the guardian or limited guardian shall file annually on the anniversary date of the guardian's or limited guardian's letters a report concerning the personal status of the adult ward and plans by the guardian or limited guardian for future care. Such report may be combined with the settlement of accounts if the guardian is also conservator of the estate of the ward. The report shall be in the form prescribed by the court and shall include the following information:  (1) The present address of the ward;  (2) The present address of the guardian;  (3) Unless the report specifies that the ward is living with the guardian, the number of times the guardian has had contact with the ward, and the nature of such contacts including the date the ward was last seen by the guardian;  (4) A summary of the guardian's visits with the ward and activities on the ward's behalf and the extent to which the ward has participated in decisionmaking;  (5) If the ward is institutionalized, whether the guardian has received a copy of the treatment or habilitation plan and, if so, the date of such plan, and whether the guardian agrees with its provision;  (6) The date the ward was last seen by a physician or other professional and the purpose;  (7) The current mental and physical condition of the ward and any major changes in the ward's condition since the last report;  (8) The opinion of the guardian as to the need for the continuation of the guardianship and whether it is necessary to increase or decrease the powers of the guardian; and  (9) A summarized plan for the coming year. If an individual support plan, treatment plan, or plan of care is in place, such plan may be submitted in lieu of the requirements of this subdivision.  3. The court may as part of its review, in its discretion, order the performance of a mental status evaluation of the ward and may require any hospital, physician, or custodial facility to submit copies of their records relating to the treatment, habilitation, or care of the ward. The court, as part of its review and in its discretion, may also contact the department of health and senior services or other appropriate agencies to investigate the conduct of the guardian and report its findings to the court.  4. If there is an indication that the incapacity or disability of the ward or protectee has ceased, the court shall appoint an attorney to file on behalf of the ward or protectee a petition for termination of the guardianship or conservatorship or for restoration.  5. If it appears to the court as part of its review or at any time upon motion of any interested person, including the ward or protectee or some person on behalf of the ward or protectee, that the guardian or conservator is not discharging the guardian's or conservator's responsibilities and duties as required by this chapter or has not acted in the best interests of the ward or protectee, the court may order that a hearing be held and direct that the guardian or conservator appear before the court. In the event that such a hearing is ordered and the ward or protectee is not represented by an attorney, the court shall appoint an attorney to represent the ward or protectee in the proceedings. At the conclusion of the hearing, if the court finds that the guardian or conservator is not discharging his or her duties and responsibilities as required by this code or is not acting in the best interests of the ward or protectee, the court shall enter such orders as it deems appropriate under the circumstances. Such orders may include the removal of the guardian or conservator and the appointment of a successor guardian or conservator or termination of the guardianship or conservatorship on finding that the ward has recovered capacity or the protectee is no longer disabled. The court, in framing its orders and findings, shall give due consideration to the exercise by the guardian or conservator of any discretion vested in the guardian or conservator by law. -------- (L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2018 S.B. 806) 
Effective - 28 Aug 2018, 2 histories   475.083. Termination of guardianship or conservatorship, when.  1. The authority of a guardian or conservator terminates:  (1) When a minor ward becomes eighteen years of age;  (2) Upon an adjudication that an incapacitated or disabled person has been restored to capacity or ability;  (3) Upon revocation of the letters of the guardian or conservator;  (4) Upon the acceptance by the court of the resignation of the guardian or conservator;  (5) Upon the death of the ward or protectee except that if there is no person other than the estate of the ward or protectee liable for the funeral and burial expenses of the ward or protectee the guardian or conservator may, with the approval of the court, contract for the funeral and burial of the deceased ward or protectee;  (6) Upon the expiration of an order appointing a guardian or conservator ad litem unless the court orders extension of the appointment;  (7) Upon an order of court terminating the guardianship or conservatorship.  2. A guardianship or conservatorship may be terminated by court order after such notice as the court may require:  (1) If the conservatorship estate is exhausted;  (2) If the conservatorship is no longer necessary for any other reason;  (3) If the court finds that a parent is fit, suitable and able to assume the duties of guardianship and it is in the best interest of the minor that the guardianship be terminated; or  (4) If the court determines that the guardian is unable to provide the services of a guardian due to the ward's absence from the state or other particular circumstances of the ward.  3. Notwithstanding the termination of the authority of a conservator, the conservator shall continue to have such authority as may be necessary to wind up administration.  4. At any time the guardian, conservator, or any person on behalf of the ward or protectee may, individually or jointly with the ward or protectee, or the ward or protectee individually may petition the court to restore the ward or protectee, to decrease the powers of the guardian or conservator, or to return rights to the ward or protectee; except that, if the court determines that the petition is frivolous, the court may summarily dismiss the petition without hearing. The petition from the ward or protectee or on behalf of the ward or protectee may be an informal letter to the court. Anyone who interferes with the transmission of the ward's or protectee's letter or petition may be cited by the court for contempt after notice and hearing. If at any time the court, on its own motion, has reason to believe that the guardian's or conservator's powers should be increased or decreased or additional rights should be returned to the ward or protectee, the court shall set the matter for a hearing.  5. Upon the filing of a joint petition by the guardian or conservator and the ward or protectee, the court, if it finds restoration or modification to be in the best interests of the ward or protectee, may summarily order restoration or a decrease in powers of the guardian or conservator or return rights to the ward or protectee without the necessity of notice and hearing.  6. Upon the filing of a petition without the joinder of the guardian or conservator or if the court requires a hearing for a petition filed with the joinder of a guardian or conservator, the court shall cause the petition to be set for hearing with notice to the guardian or conservator and to such other persons as the court directs. The hearing shall be conducted in accordance with the provisions of section 475.075. If the ward or protectee is not represented by an attorney, the court shall appoint an attorney to represent the ward or protectee in such proceeding. The burden of proof by a preponderance of the evidence shall be upon the petitioner. Such a petition may not be filed more than once every one hundred eighty days.  7. At any time the guardian, limited guardian, conservator, or limited conservator may petition the court to increase the guardian's or conservator's powers or to remove rights from the ward or protectee. Proceedings on the petition shall be in accordance with the provisions of section 475.075.  8. In deciding whether to terminate or modify a guardianship or conservatorship, the court may require a report by and consider the recommendations in the report of a physician, licensed psychologist, or other appropriate qualified professional who has experience or training in the alleged mental, physical, or cognitive impairment of the ward or protectee. -------- (L. 1983 S.B. 44 & 45, A.L. 1992 H.B. 903, A.L. 2001 S.B. 348, A.L. 2018 S.B. 806) 
Effective - 28 Aug 2018   475.084. Visitation, parent may petition for, when.  If a guardian has been appointed for a minor under the provisions of subdivision (2) of subsection 4 of section 475.030, then a parent of the minor may petition the court for periods of visitation. The court may order visitation if visitation is in the best interest of the child. -------- (L. 2018 S.B. 806) 
Effective - 28 Aug 1983   475.085. Cost of proceedings as to disability or incapacity.  1. The costs of proceedings as to incapacity or disability of any person shall be paid from his estate if he is found incapacitated or disabled or, if his estate is insufficient, costs shall be paid by the county; but if the person is found not to be incapacitated or disabled the costs shall be paid by the person filing the petition, unless he is a public employee acting in his official capacity, in which case the costs shall be paid by the county.  2. The court shall accept and act upon a petition as to an indigent respondent without requiring a filing fee. The costs of the proceeding shall be taxed after the court rules on the petition. -------- (RSMo 1939  453, 454, A.L. 1955 p. 385  299, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  454, 455; 1919  450, 451; 1909  480, 481 
Effective - 28 Aug 1983   475.091. Court's powers, estates or affairs of minors or disabled persons.  The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of minors and disabled persons:  (1) While a petition for appointment of a conservator of the estate is pending, on motion and with notice to the attorney appointed to represent the minor or alleged disabled person and after preliminary hearing and finding of probable cause that the allegations of the petition and motion are true, the court may appoint a conservator ad litem to collect, protect and preserve the assets of the minor or alleged disabled person and, on order of court, disburse funds for the necessary support and maintenance of the minor or alleged disabled person and those members of his family who are dependent upon him;  (2) Upon finding that the transaction was or is beneficial to the protectee, the court may approve, ratify, confirm and validate any transaction entered into by a conservator of the estate, without court authorization which it has power under this section to authorize the conservator to conduct. The power of the court to approve, ratify, confirm and validate transactions entered into by a conservator of the estate without court authorization includes, without limitation, retention of real or personal property, compromises of claims by and against the estate, investments, purchases, sales, mortgages, exchanges, abandonment, leases of any duration, improvements, contracts to improve, contracts to sell, contracts to purchase, contracts to exchange and grants of options, easements, profits or other rights with respect to land or other property. It also includes, without limitation, payment of a mortgage indebtedness on the real estate of the protectee out of his personal estate and purchase of real estate at a sale made under a mortgage, deed of trust, vendor's lien or other lien held by the protectee. It also includes the power to make, ratify and undertake proceedings for, and agreements incident to, dissolution of the marriage of the protectee, and transactions involving conflicts of interest between conservator and protectee. -------- (L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 2006   475.092. Protective arrangements and single transactions, court's powers  limitation of trustee's liability.  1. If it is established in a proceeding conducted in a manner similar to a proceeding for the appointment of a conservator of the estate that a person is a minor or disabled, or has a physical or mental disability as defined under state or federal law, the court, without appointing a conservator, may authorize, direct or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the person.  2. When it has been established in such a proceeding that the person is a minor or disabled, or has a physical or mental disability as defined under state or federal law, the court, without appointing a conservator, may authorize, direct or ratify any contract or other transaction relating to the person's financial affairs or involving such person's estate if the court determines that the transaction is in the best interests of the person and if such action would otherwise be within the power of the court. A transaction pursuant to this section may include the establishment by the court or other grantor of an inter vivos trust, including a trust that complies with the provisions of 42 U.S.C. Section 1396p(d)(4), on behalf of the person provided that upon such person's death, after the payment of trustees' fees, any payments to the state Medicaid agency that are required by the provisions of 42 U.S.C. Section 1396p(d)(4) are made and, provided further, that any creditor of the person other than the state of Missouri shall also be paid all sums due for such person's care, maintenance and support, to the extent trust property is sufficient therefor, and, provided, such trust shall terminate upon such person's death and any amounts remaining in the trust after the foregoing payments shall be distributed to the remainder beneficiaries designated in the trust or as designated pursuant to the exercise of a power of appointment set forth in the trust. This section shall not be interpreted to require all such trusts to be established by a court proceeding.  3. Before approving a protective arrangement or other transaction pursuant to this section, the court shall consider the interests of creditors and dependents of the person and, in view of such person's disability, whether such person needs the continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized pursuant to this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.  4. Notwithstanding any other law to the contrary, the trustee of any trust created or approved by a Missouri court prior to August 28, 1999, for the benefit of a person who is a minor or disabled, or has a physical or mental disability as defined under state or federal law shall not be liable to the state of Missouri or to any creditor of such person if, on August 28, 1999, the trust does not have sufficient assets to reimburse the state of Missouri for medical assistance paid on such person's behalf pursuant to a state plan as provided in Title 42 of the United States Code or to reimburse a creditor for sums due for such person's care, maintenance and support. Any such trust which is in existence as of August 28, 1999, shall be subject to subsection 2 of this section, as amended, notwithstanding any provisions of such trust to the contrary. The trustee shall not be liable for any distributions or payments made prior to August 28, 1999, pursuant to the terms of such trust. -------- (L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 1999 S.B. 386, A.L. 2006 S.B. 892) 
Effective - 28 Aug 2011   475.093. Court may authorize participation in family trust.  1. If the court finds that the establishment of a trust would be in the protectee's best interest, the court may authorize the establishment of a trust account for the benefit of a protectee pursuant to sections 402.199 to 402.208, if it finds that the protectee qualifies as a life beneficiary pursuant to subdivision (1) of section 402.200, or the court may authorize the establishment of such trust for the benefit of a protectee pursuant to section 475.092.  2. A trust account established pursuant to sections 402.199 to 402.208 will be in the best interest of the protectee, notwithstanding the fact that a sum not exceeding twenty-five percent of the principal balance as defined in subdivision (9) of section 402.200 will be distributed to the charitable trust of the Missouri family trust as prescribed by section 402.203. -------- (L. 1996 S.B. 768, A.L. 1998 S.B. 852 & 913, A.L. 1999 S.B. 211 merged with S.B. 386, A.L. 2011 S.B. 70) 
Effective - 28 Aug 2018, 2 histories   475.094. Conservator, authorized exercise of powers.  1. After notice to interested persons and upon express authorization of the court, a conservator may:  (1) Make gifts that the protectee might have been expected to make including, but not limited to, gifts to qualify for government benefits or to reduce federal estate taxes;  (2) Convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entireties;  (3) Exercise or release a power of appointment;  (4) Create a revocable or irrevocable trust of property of the estate, whether the trust extends beyond the duration of the conservatorship, or revoke or amend a trust revocable by the protected person;  (5) Exercise rights to elect options and change beneficiaries under insurance policies and annuities or surrender the policies and annuities for cash value;  (6) Exercise any right to an elective share in the estate of the protectee's deceased spouse and to renounce or disclaim any interest by testate or intestate succession or by transfer during lifetime.  2. The court, in exercising or in approving a conservator's exercise of the powers listed under subsection 1 of this section, shall consider primarily the decision that the protectee would have made, to the extent that the decision can be ascertained. The court shall also consider:  (1) The financial needs of the protectee and the needs of individuals who are in fact dependent on the protectee for support and the interest of creditors;  (2) Possible reduction of income, estate, inheritance, or other tax liabilities;  (3) Eligibility for government assistance;  (4) The protectee's previous pattern of giving or level of support;  (5) The existing estate plan;  (6) The protectee's life expectancy and the probability that the conservatorship will terminate before the protectee's death; and  (7) Any other factors the court considers relevant.  3. Without authorization of the court, a conservator shall not revoke or amend a durable power of attorney of which the protectee is the principal. -------- (L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806) 
Effective - 28 Aug 1983   475.095. Conservator of the estate of nonresident minors and disabled persons.  1. If any minor or disabled person domiciled and residing without this state has any estate within this state, the probate division of the circuit court of the county in which the estate or any part thereof is located may appoint some competent person to be conservator of the estate of the minor or disabled person and the conservatorship which is first lawfully granted of the estate of the minor or disabled person extends to all of the estate of such person within this state and excludes the jurisdiction of every other court.  2. The court and the conservator of the estate of the minor or disabled person have the same powers and shall perform the same duties, and are under the same restrictions and requirements, in all respects, as far as the same may apply, as provided in this code for the court and the conservators of estates of resident minors and disabled persons. -------- (RSMo 1939  386, 503, A.L. 1955 p. 385  301, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  386, 504; 1919  382, 500; 1909  414, 530 
Effective - 03 Jun 1986   475.097. Conservator or guardian ad litem  conflicts of interest, removal.  1. If a natural or appointed guardian or conservator is not effectively performing his duties and the court further finds that the welfare of the minor or incapacitated or disabled person requires immediate action, it may, with or without notice, appoint a guardian or conservator ad litem for the minor or incapacitated or disabled person. An appointment of a guardian or conservator ad litem shall be by its terms limited in duration to the period preceding the hearing on a petition for appointment or removal of a permanent guardian or conservator or for a specified period not to exceed six months. A guardian ad litem of the person is entitled to the care and custody of the ward, a conservator ad litem is entitled to the care and custody of the property of the protectee, and the authority of a permanent guardian or conservator previously appointed by the court is suspended so long as a guardian or conservator ad litem has authority. A guardian or conservator ad litem may be removed at any time. A guardian or conservator ad litem shall make any report the court requires. The expenses and reasonable compensation of a guardian or conservator ad litem may be taxed as costs. In other respects the provisions of this code concerning guardians and conservators apply to guardians and conservators ad litem.  2. In addition to the provisions of the rules of civil procedure relating to parties, if it is suggested in a petition filed by the protectee, creditor or other interested person, including a person interested in expectancy, reversion or otherwise, or if it affirmatively appears to the court that there is a possible conflict of interest between the ward or protectee and his guardian or conservator, the court may appoint a guardian or conservator ad litem to represent the ward or protectee in any proceeding to adjudicate the rights of the parties. The guardian or conservator ad litem shall have only such authority as is provided in the order of appointment and shall serve until discharged by the court. -------- (L. 1983 S.B. 44 & 45, A.L. 1986 S.B. 787)  Effective 6-03-86  (1987) Order appointing an interested person a conservator ad litem pursuant to this section was not subject to interlocutory appeal. Cordes v. Caldwell, 731 S.W.2d 463 (Mo.App.E.D.).
Effective - 28 Aug 1983   475.100. Bond of conservator of estate of minor or disabled person.  Every conservator of the estate of a minor or disabled person, before entering upon the duties of his office, shall execute and file a bond, approved by the court, procured at the expense of the estate with sufficient surety in an amount fixed by the court. Sections 473.157 to 473.217, relating to the bonds of personal representatives, except subsection 1 of section 473.157 and subsection 1 of section 473.160, are applicable to the bonds of conservators. -------- (RSMo 1939  456, 457, A.L. 1955 p. 385  302, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  457, 458; 1919  453, 454; 1909  483, 484 
Effective - 28 Aug 2009   475.105. Letters of guardianship or conservatorship  form.  1. When a duly appointed guardian or conservator has given bond, as required by law, and the bond has been approved, letters under the seal of the court shall be issued to the person appointed. Such letters shall specify whether they are of guardianship, limited guardianship, or standby guardianship of the person, or conservatorship or limited conservatorship of the estate, or both, and the original or duly certified copies thereof shall be prima facie evidence of the facts therein stated.  2. Letters of guardianship and conservatorship for minors may be in the following form:   IN THE PROBATE DIVISION OF THE   CIRCUIT COURT OF ______ COUNTY, MISSOURI   LETTERS OF (STANDBY) GUARDIANSHIP   (AND CONSERVATORSHIP) OF MINOR   Estate No. ______   On ______ was appointed and has qualified as (standby) guardian of the person (and conservator of the estate) for the following minor(s):   ______ Born ______, 20______   ______ Born ______, 20______   ______ Born ______, 20______   ______ Born ______, 20______   By reason thereof, the above-named (standby) guardian (and conservator) is authorized and empowered to perform the duties of such (standby) guardian (and conservator) as provided by law under the supervision of the court having care and custody of the person (and of the estate) of the above-named minor(s).   IN TESTIMONY WHEREOF, the undersigned Clerk has signed these letters and affixed the seal of this court on ______     __________________      Clerk    Recorded on ______ in Book ______ at Page ______     __________________      Clerk     3. Letters of guardianship and conservatorship for incapacitated and disabled persons may be in the following form:   IN THE PROBATE DIVISION OF THE    CIRCUIT COURT OF ______ COUNTY, MISSOURI   LETTERS OF (STANDBY) GUARDIANSHIP OF INCAPACITATED PERSON   (AND CONSERVATORSHIP OF DISABLED PERSON)   Estate No. ______   On ______, ______ was appointed and has qualified as (standby) guardian of the person (and conservator of the estate) for ______, an incapacitated (and disabled) person.   By reason thereof, the above-named (standby) guardian (and conservator) is authorized and empowered to perform the duties of such (standby) guardian (and conservator) as provided by law under the supervision of the court having care and custody of the person (and estate) of the above-named incapacitated (and disabled) person.   IN TESTIMONY WHEREOF, the undersigned Clerk has signed these letters and affixed the seal of this court on ______, 20______     __________________      Clerk    -------- (RSMo 1939  393, A.L. 1955 p. 385  303, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2009 H.B. 154)  Prior revisions: 1929  393; 1919  389; 1909  421 
Effective - 28 Aug 2001   475.110. Removal of guardian or conservator  incapacitated or disabled person, continuation of guardianship after dissolution of marriage, when.  1. When a minor ward has attained the age of fourteen years, the guardian of his or her person may be removed on petition of the ward to have another person appointed guardian if it is for the best interests of the ward that such other person be appointed. When the spouse of an incapacitated or disabled person is appointed his or her guardian or conservator, such spouse shall be removed as guardian or conservator upon dissolution of his or her marriage with the incapacitated or disabled person. A guardian or conservator may also be removed on the same grounds as is provided in section 473.140 for the removal of personal representatives.  2. Notwithstanding subsection 1 of this section, a spouse whose marriage to the ward was dissolved may petition the court to remain as or be reappointed guardian or conservator of the incapacitated or disabled person in accordance with section 475.115. -------- (L. 1955 p. 385  304, A.L. 1983 S.B. 44 & 45, A.L. 2001 H.B. 454) 
Effective - 28 Aug 2019, 2 histories   475.115. Appointment of successor guardian or conservator  transfer of case, procedure.  1. When a guardian or conservator dies, is removed by order of the court, or resigns and his or her resignation is accepted by the court, the court shall have the same authority as it has in like cases over personal representatives and their sureties and may appoint another guardian or conservator in the same manner and subject to the same requirements as are herein provided for an original appointment of a guardian or conservator.  2. A public administrator may request transfer of any case to the jurisdiction of another county by filing a petition for transfer. If the public administrator of the receiving county consents to the transfer, the court shall transfer the case. The court with jurisdiction over the receiving county shall, without the necessity of any hearing as required by section 475.075, appoint the public administrator of the receiving county as successor guardian and/or successor conservator and issue letters therein. In the case of a conservatorship, the final settlement of the public administrator's conservatorship shall be filed within thirty days of the court's transfer of the case, in the court with jurisdiction over the original conservatorship, and forwarded to the receiving county upon audit and approval. -------- (RSMo 1939  496, A.L. 1955 p. 385  305, A.L. 1983 S.B. 44 & 45, A.L. 2011 H.B. 111 merged with H.B. 142 merged with S.B. 57 merged with S.B. 59, A.L. 2019 S.B. 230)  Prior revisions: 1929  497; 1919  493; 1909  523 
Effective - 28 Aug 2021, 4 histories   475.120. General powers and duties of guardian of the person  social service agency acting on behalf of ward, requirements  preneed funeral contract permitted, when.  1. The guardian of the person of a minor shall be entitled to the custody and control of the ward and shall provide for the ward's education, support, and maintenance.  2. A guardian or limited guardian of an incapacitated person shall act in the best interest of the ward. A limited guardian of an incapacitated person shall have the powers and duties enumerated by the court in the adjudication order or any later modifying order.  3. Except as otherwise limited by the court, a guardian shall make decisions regarding the adult ward's support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the adult ward's limitations and, to the extent possible, shall encourage the adult ward to participate in decisions, act on the adult ward's own behalf, and develop or regain the capacity to manage the adult ward's personal affairs. The general powers and duties of a guardian of an incapacitated person shall include, but not be limited to, the following:  (1) Assure that the ward resides in the best and least restrictive setting reasonably available;  (2) Assure that the ward receives medical care and other services that are needed;  (3) Promote and protect the care, comfort, safety, health, and welfare of the ward;  (4) Provide required consents on behalf of the ward;  (5) To exercise all powers and discharge all duties necessary or proper to implement the provisions of this section.  4. A guardian of an adult or minor ward is not obligated by virtue of such guardian's appointment to use the guardian's own financial resources for the support of the ward. If the ward's estate and available public benefits are inadequate for the proper care of the ward, the guardian or conservator may apply to the county commission pursuant to section 475.370.  5. No guardian of the person shall have authority to seek admission of the guardian's ward to a mental health or intellectual disability facility for more than thirty days for any purpose without court order except as otherwise provided by law.  6. Only the director or chief administrative officer of a social service agency serving as guardian of an incapacitated person, or such person's designee, is legally authorized to act on behalf of the ward.  7. A social service agency serving as guardian of an incapacitated person shall notify the court within fifteen days after any change in the identity of the professional individual who has primary responsibility for providing guardianship services to the incapacitated person.  8. Any social service agency serving as guardian may not provide other services to the ward.  9. In the absence of any written direction from the ward to the contrary, a guardian may execute a preneed contract for the ward's funeral services, including cremation, or an irrevocable life insurance policy to pay for the ward's funeral services, including cremation, and authorize the payment of such services from the ward's resources. Nothing in this section shall interfere with the rights of next-of-kin to direct the disposition of the body of the ward upon death under section 194.119. If a preneed arrangement such as that authorized by this subsection is in place and no next-of-kin exercises the right of sepulcher within ten days of the death of the ward, the guardian may sign consents for the disposition of the body, including cremation, without any liability therefor. A guardian who exercises the authority granted in this subsection shall not be personally financially responsible for the payment of services. -------- (RSMo 1939  394, 460, 474, 497, A.L. 1955 p. 385  306, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 1994 S.B. 734, A.L. 1997 H.B. 540, A.L. 2014 H.B. 1064, A.L. 2017 S.B. 111 merged with S.B. 112, A.L. 2018 S.B. 806, A.L. 2021 S.B. 53 & 60) Prior revisions: 1929  394, 461, 475, 498; 1919  390, 457, 471, 494; 1909  422, 487, 501, 524 
Effective - 28 Aug 2011   475.121. Admission to mental health or developmental disability facilities.  1. Pursuant to an application alleging that the admission of the ward to a particular mental health or developmental disability facility is appropriate and in the best interest of the ward, the court may authorize the guardian or limited guardian to admit the ward to such facility. Such application shall be accompanied by a physician's statement setting forth the factual basis for the need for continued admission including a statement of the ward's current diagnosis, plan of care, treatment or habilitation and the probable duration of the admission.  2. If the court finds that the application establishes the need for inpatient care, habilitation or treatment of the ward in a mental health or developmental disability facility without the adduction of further evidence, it shall issue an order authorizing the guardian to admit the ward to such facility in accordance with the provisions of section 632.120 or section 633.120.  3. The court may, in its discretion, appoint an attorney to represent the ward. The attorney shall meet with the ward and may request a hearing on the application. If a hearing is requested, the court shall set the application for hearing. If there is no request for hearing, the court may rule on the application without a hearing. The attorney for the ward shall be allowed a reasonable fee for his services rendered to be assessed as costs under section 475.085.  4. Proceedings under this section may be combined with adjudication proceedings under section 475.075. -------- (L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2011 H.B. 555 merged with H.B. 648) 
Effective - 28 Aug 1983   475.123. Medical and surgical procedures  consent  emergency.  1. No medical or surgical procedure shall be performed on any ward unless consent is obtained from the guardian of his person except as provided in subsections 2 and 3 hereof.  2. If the life of the ward is threatened and there is not time to obtain consent, a medical or surgical procedure may be performed without consent after the medical necessity for the procedure has been documented in the medical record of the ward.  3. If the life of a person is threatened and his consent to a necessary medical or surgical procedure cannot be obtained, a court, on petition filed pursuant to section 475.060, after hearing, may authorize consent on behalf of such person.  4. Any hearing conducted pursuant to subsection 3 of this section, involving a life threatening medical emergency, may be conducted within or without the county at the medical facility where the person has been admitted with such notice and in such form as is practicable considering the time limitations imposed due to the condition of person. The fact of attempted oral notice to persons interested in the welfare of the person shall be made a part of the record of the hearing. -------- (L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 2018, 3 histories   475.125. Support and education of protectee and dependents.  1. The court may make orders for the management of the estate of the protectee for the care, education, treatment, habilitation, respite, support and maintenance of the protectee and for the support and maintenance of the protectee's family and education of the protectee's spouse and children, according to the protectee's means and obligation, if any, out of the proceeds of the protectee's estate, and may direct that payments for such purposes shall be made weekly, monthly, quarterly, semiannually or annually. The payments ordered under this section may be decreased or increased from time to time as ordered by the court.  2. In setting the amount of the support allowance for the protectee or any other persons entitled to such support, the court shall consider the previous standard of living of the spouse or other family members, the composition of the estate, the income and other assets available to the protectee and the other persons, and the expenses of the protectee or the other persons entitled to support.  3. Appropriations for any such purposes, expenses of administration and allowed claims shall be paid from the property or income of the estate. The court may authorize the conservator to borrow money and obligate the estate for the payment thereof if the court finds that funds of the estate for the payment of such obligation will be available within a reasonable time and that the loan is necessary. If payments are made to another under the order of the court, the conservator of the estate is not bound to see to the application thereof.  4. In acting under this section the court shall take into account any duty imposed by law or contract upon a parent or spouse of the protectee, a government agency, a trustee, or other person or corporation, to make payments for the benefit of or provide support, education, care, treatment, habilitation, respite, maintenance or safekeeping of the protectee and the protectee's dependents. The guardian of the person and the conservator of the estate shall endeavor to enforce any such duty. -------- (RSMo 1939  402, 474, A.L. 1955 p. 385  307, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2016 H.B. 1765, A.L. 2018 S.B. 806)  Prior revisions: 1929  402, 475; 1919  398, 472; 1909  430, 502 
Effective - 28 Aug 2018, 3 histories   475.130. General duties and powers of conservator of estate.  1. The conservator of the estate of a minor or disabled person shall, under supervision of the court, protect, preserve, and manage the estate, apply it as provided in this code, account for it faithfully, perform all other duties required of the conservator by law, and at the termination of the conservatorship deliver the assets of the protectee to the persons entitled thereto. In protecting, preserving, and managing the estate, the conservator of the estate is under a duty to use the degree of care, skill, and prudence that an ordinarily prudent person uses in managing the property of, and conducting transactions on behalf of, others. If a conservator of the estate has special skills or is appointed on the basis of representations of special skills or expertise, the conservator is under a duty to use those skills in the conduct of the protectee's affairs. A conservator of the estate is under a duty to act in the interest of the protectee and to avoid conflicts of interest which impair the conservator's ability so to act.  2. The conservator of the estate shall take possession of all of the protectee's real and personal property, and of rents, income, issue, and profits therefrom, whether accruing before or after the conservator's appointment, and of the proceeds arising from the sale, mortgage, lease, or exchange thereof. Subject to such possession, the title to all such estate, and to the increment and proceeds thereof, is in the protectee and not in the conservator. Upon a showing that funds available or payable for the benefit of the protectee by any federal agency are being applied for the benefit of the protectee, or that such federal agency has refused to recognize the authority of the conservator to administer such funds, the court may waive, by order, the duty of the conservator to account therefor.  3. In managing, investing, and distributing the estate of a protectee, the conservator shall use reasonable efforts to:  (1) Ascertain the income, assets, and liabilities of the protectee;  (2) Ascertain the needs and preferences of the protectee;  (3) Coordinate with the guardian and consult with others close to the protectee;  (4) Prepare a plan for the management of the protectee's income and assets; and  (5) Provide oversight to any income and assets of the protectee under the control of the protectee.  4. The court has full authority under the rules of civil procedure to enjoin any person from interfering with the right of the conservator to possession of the assets of the protectee, including benefits payable from any source.  5. The conservator of the estate shall prosecute and defend all actions instituted in behalf of or against the protectee, collect all debts due or becoming due to the protectee, and give acquittances and discharges therefor, and adjust, settle, and pay all claims due or becoming due from the protectee so far as the protectee's estate and effects will extend, except as provided in sections 507.150 and 507.188.  6. A conservator of the estate has power, without authorization or approval of the court, to:  (1) Settle or compromise a claim against the protectee or the estate agreeing to pay or paying not more than five thousand dollars;  (2) Settle, abandon, or compromise a claim in favor of the estate that does not exceed five thousand dollars;  (3) Receive additions to the estate;  (4) Sell, or agree to sell, chattels and choses in action reasonably worth not more than five thousand dollars for cash or upon terms involving a reasonable extension of credit;  (5) Exchange, or agree to exchange, chattels and choses in action for other such property of equivalent value, not in excess of five thousand dollars;  (6) Insure or contract for insurance of property of the estate against fire, theft and other hazards;  (7) Insure or contract for insurance protecting the protectee against any liability likely to be incurred, including medical and hospital expenses, and protecting the conservator against liability to third parties arising from acts or omissions connected with possession or management of the estate;  (8) Contract for needed repairs and maintenance of property of the estate;  (9) Lease land and buildings for terms not exceeding one year, reserving reasonable rent, and renew any such lease for a like term;  (10) Vote corporate stock in person or by general or limited proxy;  (11) Contract for the provision of board, lodging, education, medical care, or necessaries of the protectee for periods not exceeding one year, and renew any such contract for a like period;  (12) Deposit funds in a bank;  (13) Pay taxes, assessments, and other expenses incurred in the collection, care, administration, and protection of the estate;  (14) Prosecute or defend actions, claims, or proceedings in any jurisdiction for the protection of estate assets;  (15) Execute and deliver all instruments that will accomplish or facilitate the exercise of the powers vested in the conservator; and  (16) On or after August 28, 2009, invest the estate in accordance with the provisions of section 475.190.  7. If, in exercising any power conferred by subsection 6 of this section, a conservator breaches any of the duties enumerated in subsection 1 of this section, the conservator may be surcharged for losses to the estate caused by the breach but persons who dealt with the conservator in good faith, without knowledge of or reason to suspect the breach of duty, may enforce and retain the benefits of any transaction with the conservator which the conservator has power under subsection 6 of this section to conduct. -------- (RSMo 1939  470, A.L. 1955 p. 385  308, A.L. 1959 H.B. 537, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1998 H.B. 1571, A.L. 2006 S.B. 892, A.L. 2009 H.B. 239, A.L. 2018 S.B. 806)  Prior revisions: 1929  471; 1919  467; 1909  497  CROSS REFERENCE:  Multinational banks, securities and obligations of, investment in, when, 409.950
Effective - 28 Aug 1983   475.132. Individual liability of conservator.  1. Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his capacity as conservator in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract.  2. The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.  3. Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in his fiduciary capacity, whether or not the conservator is individually liable therefor.  4. Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action. -------- (L. 1983 S.B. 44 & 45 ) 
Effective - 28 Aug 1983   475.134. Protection of persons dealing with conservator.  A person who in good faith either assists a conservator or deals with him for value in any transaction other than those requiring a court order is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator. For the purposes of the rules protecting bona fide purchasers and mortgagees for value, conservators of the estate shall be deemed to be trustees of the property of the protectee. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries. -------- (L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 1993   475.140. Notice of conservatorship of disabled persons.  1. The clerk, as soon as letters of conservatorship of the estate of any disabled person are issued, upon the basis of a determination of disability other than minority, shall cause to be published in some newspaper a notice of the appointment of the conservator, in which shall be included a notice to creditors of the protectee to file their claims in the court or be forever barred. The notice shall be published once a week for four consecutive weeks in accordance with section 472.100. Such notice shall be in substantially the following form:   TO ALL PERSONS INTERESTED IN THE ESTATE OF ______, A DISABLED PERSON:   On the _________  day of _________ , 20_________ , _________ was appointed conservator of the estate of _________ , a person adjudicated disabled under the laws of Missouri, by the Probate Division of the Circuit Court of _________ County, Missouri. The business address of the conservator is _________ . All creditors of said disabled person are notified to file their claims in the Probate Division of the Circuit Court. Date of first publication _________     __________________     Clerk of the Probate Division of the    Circuit Court of _________  County, Missouri    2. The court, in its discretion, may waive publication of notice or defer it until a definite date or until further order of the court.  3. When a limited conservator has been appointed, the notice shall so specify. -------- (L. 1955 p. 385  309, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1993 S.B. 88) 
Effective - 28 Aug 2018, 2 histories   475.145. Inventory and appraisement.  When a conservator of the estate has been appointed, an inventory and appraisement of the estate of the protectee shall be made in the same manner and within the same time and subject to the same requirements as are provided in sections 473.233 to 473.243 for the inventory and appraisement of a decedent's estate. The inventory shall include property as to which the protectee is a joint tenant or tenant by the entirety and all policies of life insurance owned by the protectee, whether or not payable to a named beneficiary, together with a statement of all income and benefits to which the protectee is or will be entitled to receive. The inventory shall also disclose any nonprobate transferees designated to receive nonprobate transfers after the protectee's death. -------- (L. 1955 p. 385  310, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806) 
Effective - 28 Aug 1983   475.150. Appraisement not required, when.  When any personal estate is received by a conservator from a personal representative, or former conservator, which has been appraised, it is not necessary for the conservator to cause the same to be appraised again, but he shall state in his inventory the appraised value as it appears in the appraisement of the personal representative, or former conservator, and be held to account accordingly. -------- (RSMo 1939  399, A.L. 1955 p. 385  311, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  399; 1919  395; 1909  427 
Effective - 28 Aug 1983   475.155. Continuation of business.  In all cases where the court deems it advantageous to continue the business of a protectee, such business may be continued by the conservator of the estate on order of the court and according to the rules specified in section 473.300 for the continuation of the business of a decedent by a personal representative when no testamentary provisions are involved. -------- (L. 1955 p. 385  312, A.L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 1985   475.160. Assets of protectee, action to obtain, procedure.  Any conservator, protectee, creditor or other person, including a person interested in expectancy, reversion or otherwise, who claims an interest in property which is claimed to be an asset of the estate of a protectee or which is claimed should be an asset of such an estate, may file a verified petition in any court having jurisdiction of such estate seeking determination of the title and right of possession thereto. The petition shall describe the property, if known, shall allege the nature of the interest of the petitioner and that title or possession of the property, or both, are being adversely withheld or claimed. The court shall proceed on such petition in accordance with the provisions of section 473.340. -------- (RSMo 1939  400, 401, A.L. 1955 p. 385  313, A.L. 1973 S.B. 113, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.)  Prior revisions: 1929  400, 401; 1919  395, 396; 1909  427, 428  (1966) In a statutory proceeding to discover assets the written interrogatories and the answers thereto constitute the pleadings and settle the issues. In re Estate of Layne (A.), 403 S.W.2d 242.
Effective - 28 Aug 2010, 3 histories   475.190. Investment of liquid assets of estate of protectee  reports.  1. On or after August 28, 2009, the conservator shall invest liquid assets of the estate of the protectee, other than funds needed to meet debts and expenses currently payable, in accordance with the provisions of the Missouri prudent investor act, sections 469.900 to 469.913, subject to the following exceptions:  (1) Investment of any part or all of the liquid assets:  (a) In direct obligation of or obligations unconditionally guaranteed as to principal and interest by the United States; or  (b) In interest-bearing accounts and time deposits, including time certificates of deposit, in financial institutions to the extent the account or deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, shall constitute prudent investments;  (2) If the conservator determines it appropriate to delegate investment and management functions to an agent as provided in section 469.909, the agent to whom the delegation is made shall acknowledge in a writing delivered to the conservator that the agent is acting as an investment fiduciary on the account.  2. Every conservator shall make a report at every annual settlement of the disposition made by the conservator of the money belonging to the protectee entrusted to the conservator. If it appears that the money is invested in securities, then the conservator shall report a detailed description of the securities and shall describe any real estate security and state where it is situated, and its value, which report shall be filed in the court. The court shall carefully examine into the report as soon as made, and, if in the opinion of the court the security is insufficient, the court shall make such orders as are necessary to protect the interest of the protectee. The conservator and the conservator's sureties are liable on their bond for any omission to comply with the orders of the court. If the money has not been invested as authorized by law the conservator shall state that fact and the reasons, and shall state that the conservator has been unable to make an investment after diligent effort to do so.  3. If any conservator refuses or neglects to make the report at the time aforesaid, or makes a false report thereof, the conservator and the conservator's sureties are liable on their bond for all loss or damage to the protectee occasioned by reason of the conservator's neglect or refusal so to report, or by making a false report, and the conservator may, on account thereof, be removed from the conservator's trust in the discretion of the court. -------- (L. 1955 p. 385  319, A.L. 1957 p. 829, A.L. 1975 S.B. 257, A.L. 1983 S.B. 44 & 45, A.L. 1998 H.B. 1571, A.L. 2006 S.B. 892, A.L. 2009 H.B. 239, A.L. 2010 H.B. 2201) 
Effective - 28 Aug 1983   475.200. Purposes for which property may be sold  petition, examination, order.  1. The real or personal property of the protectee, or any part thereof or any interest therein, may be sold, mortgaged, pledged, leased or exchanged by the conservator of the estate upon such terms as the court may order for the purpose of providing for his care, education, treatment, habilitation, support and maintenance of the protectee or for the care and maintenance of his family or education of his children, and for the payment of the protectee's debts, the payment of expenses and costs of administration, for investment of the proceeds, or in any other case where it is for the best interests of the protectee.  2. To obtain an order to sell, mortgage, lease or exchange real or personal property, the conservator shall present to the court a petition setting forth the condition of the estate and the facts and circumstances on which the petition is founded. If, after a full examination of the petition and the testimony of credible and disinterested witnesses, if such testimony is deemed necessary, it appears to the court that it is for the best interests of the protectee, an appropriate order may be made for any of the purposes under subsection 1 hereof as the court considers suited to the case.  3. If the conservator does not make such application, a creditor or other person interested in the estate may file a like petition, giving twenty days' notice to the conservator. On the filing of the petition the court may order the conservator to furnish such information and records as the court deems necessary.  4. If, upon settlement of the conservator, it appears that the money on hand and anticipated income of the estate is not sufficient for the payment of the costs of the care, education, treatment, habilitation, support and maintenance of the protectee as required by section 475.120, for the maintenance of his family and education of his children under section 475.125, or the payment of claims against the estate, the court may require a hearing to determine if real or personal property of the estate should be sold, mortgaged, pledged, leased or exchanged for that purpose. Upon hearing the matter, the court shall proceed as in the case of a petition filed under either of the preceding subsections. -------- (L. 1955 p. 385  321, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  410, 411, 481; 1919  406, 407, 477; 1909  436, 437, 507 
Effective - 28 Aug 1983   475.205. Claims against estate  procedure.  All claims against the estate of a protectee, whether they constitute liabilities of the protectee which arose before or after the conservatorship, or liabilities incurred by the conservator for the benefit of the protectee or his estate, may be filed in the probate division of the circuit court. After hearing, the probate division of the circuit court may allow a claim so filed, in whole or in part, or disallow it. An order allowing a claim has the effect of a judgment and bears interest at the legal rate, unless the claim provides for a different rate, in which case the judgment shall be rendered accordingly. -------- (RSMo 1939  471, A.L. 1955 p. 385  322, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  472; 1919  468; 1909  498 
Effective - 28 Aug 1993   475.210. Filing of notice of pendency of action in other court against conservator, effect  disabled persons, application of law.  1. The filing in the probate division of the circuit court of a notice of the pendency in some other court or division of an action, suit or proceeding against the protectee or the conservator, or of a copy of the judgment or decree of such other court or division in such action, suit or proceeding shall be deemed a filing of the claim asserted in such action, suit or proceeding.  2. Section 473.360 shall not apply to the estates of disabled persons.  3. This section shall apply to the estates of disabled persons whose disability is adjudicated on or after August 28, 1993. -------- (RSMo 1939  471, A.L. 1955 p. 385  323, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 1993 S.B. 88)  Prior revisions: 1929  472; 1919  468; 1909  498 
Effective - 28 Aug 1993   475.211. Claims against minors or protectees, classification.  All claims against the estate of a minor or other protectee shall be divided into the following classes:  (1) Court costs;  (2) Expenses of administration including fees of the guardian and conservator and their attorneys;  (3) Expenses for the reasonable support and maintenance of the protectee;  (4) All other claims which are filed against the estate as provided by law. -------- (L. 1983 S.B. 44 & 45, A.L. 1993 S.B. 88) 
Effective - 28 Aug 1993   475.213. Payment of claims according to priority.  1. All claims filed against the estate of a protectee shall be paid by the conservator as far as he has assets subject thereto, in the order specified in section 475.211, and, unless otherwise provided by law, no claim of one class shall be paid until all previous classes are satisfied. If there are not sufficient assets subject thereto to pay the whole of any one class, claims of that class shall be paid in proportion to their amounts, unless otherwise provided by law.  2. Whether or not there has been notice under section 475.140, the court, upon its own motion or the motion of any interested person, may at any time direct the giving of notice to creditors of a protectee requiring them to file their claims in the court within a period stated in the notice, not less than two months from the date of the first publication of the notice. Any creditor who fails to file his claim within the time prescribed in the notice provided for by this subsection shall be barred from participating in any disbursement ordered paid by the court from assets then on hand. The conservator shall list the complete name and address of every creditor of the estate known to him and shall give each creditor so listed written notice by ordinary mail of the time for filing claims. On or before the expiration of the period stated in the notice, the conservator shall file the list of creditors along with proof of service as provided in section 472.110, and any written waivers, in the court. Thereafter, the court may direct the conservator to pay out assets available for payment of claims in accordance with section 475.211 and subsection 1 of this section. -------- (L. 1983 S.B. 44 & 45, A.L. 1993 S.B. 88) 
Effective - 28 Aug 2018, 2 histories   475.230. Sales of real estate, how made  notice required.  1. Sales of real estate of protectees shall be conducted in the same manner and the same proceedings shall be had with reference thereto as in cases of sale of real estate of decedents for payment of claims.  2. Unless waived by the court for cause, the protectee shall have ten days' prior notice of a required court hearing on the petition for the sale of the protectee's real or tangible personal property. The protectee is not entitled to notice of a hearing on the petition for the sale of the protectee's intangible personal property. -------- (RSMo 1939  405, A.L. 1955 p. 385  327, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)  Prior revisions: 1929  405; 1919  401; 1909  431 
Effective - 28 Aug 1983   475.235. Order of sale, contents.  The court may order the real estate sold at public or private sale, or it may, in its order, provide that the conservator may sell at either public or private sale, at his option; but in no case shall the same be sold for less than three-fourths of its appraised value, nor shall the conservator become the purchaser, either directly or indirectly, of any of the property sold under the provisions of this law. -------- (RSMo 1939  406, A.L. 1955 p. 385  328, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  406; 1919  402; 1909  432 
Effective - 28 Aug 1983   475.240. Report and approval of sale.  Whenever any conservator sells any real estate belonging to his protectee, under an order of court, he shall report the sale to the court ordering the sale, within the same time and in the same manner as personal representatives are required by law to report sales of real estate made by them for the payment of debts. The report shall remain on file ten days before being acted upon and shall be proceeded upon as in the case of sales of real estate by a personal representative. Any sale, if approved by the court, is valid to all intents and purposes. If the court refuses to approve the report, the order of sale may be renewed, and the same proceedings shall be had as upon the original order. -------- (RSMo 1939  407, A.L. 1955 p. 385  329, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  407; 1919  403; 1909  433 
Effective - 28 Aug 1983   475.245. Deeds by conservator or successor, acknowledgment, evidentiary effect  sheriff of county to sign deed, when.  1. Any conservator, having received payment of the purchase money for any real estate sold by him under this law, shall execute and deliver to the purchaser thereof deeds of conveyance for the same, referring in apt and appropriate terms to the order of the court, the advertisement and appraisement and description of the real estate, the time, place and terms of sale, and the payment of the purchase money, and conveying to the purchaser all the right, title and interest of the protectee in the real estate sold. The recitals in the deed are prima facie evidence of the facts stated therein.  2. If any conservator, because of death, removal or other cause, fails to complete any sale, or make the deed, his successor, or if there be none, then the sheriff of the county, on order of the court, shall complete the sale or make the deed.  3. All deeds and conveyances executed by conservators shall be acknowledged and recorded as other instruments conveying real estate, and with like effect, and, when so acknowledged, shall be received in evidence in all courts of this state without further proof. -------- (RSMo 1939  408, 409, A.L. 1955 p. 385  330, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  408, 409; 1919  404, 405; 1909  434, 435 
Effective - 02 Jan 1979   475.250. Effect of conveyance.  Every conveyance, mortgage, lease and assurance made under the order of the probate division of a circuit court, pursuant to the provisions of this law, is as valid and as effectual as if the same had been executed by a person of full age and of sound mind. -------- (RSMo 1939  483, A.L. 1955 p. 385  331, A.L. 1978 H.B. 1634)  Prior revisions: 1929  484; 1919  480; 1909  510  Effective 1-02-79 
Effective - 28 Aug 1983   475.255. Receipts and acknowledgments of conservators, effect.  Receipts or acknowledgments given by a conservator during the continuance of his office, for the payment of any debts, rents or other money or property due to his protectee, are valid in favor of all persons who take them in good faith; but the conservator and his sureties are liable to the party injured, if the receipts or acknowledgments are given illegally or fraudulently. -------- (RSMo 1939  426, A.L. 1955 p. 385  332, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  426; 1919  422; 1909  452 
Effective - 28 Aug 1983   475.260. Actions against protectee, process, enforcement of judgments.  1. When there is a conservator of the estate, all actions between the protectee or the conservator and third persons in which it is sought to charge or benefit the estate of the protectee shall be prosecuted by or against the conservator of the estate as such. He shall represent the interests of the protectee in the action and all process shall be served on him.  2. When the conservator of the estate is under personal liability for his own contracts and acts made and performed on behalf of the estate he may be sued both as conservator and in his personal capacity in the same action. Misnomer or the bringing of an action by or against the protectee shall not be ground for dismissal of the action and leave to amend or substitute shall be freely granted. If an action was commenced by or against the protectee before the appointment of a conservator of his estate, such conservator when appointed may be substituted as a party for the protectee. If the appointment of the conservator of the estate is terminated, his successor may be substituted; if the protectee dies, his personal representative may be substituted; if he becomes of age or his disability ceases, he may be substituted.  3. When there is a conservator of the estate, the property and rights of action of the protectee shall not be subject to garnishment or attachment, and execution shall not issue to obtain satisfaction of any judgment against the protectee or the conservator of his estate as such, but judgments against the estate of the protectee shall be enforced in the manner provided for the enforcement of judgments against the estates of decedents. -------- (L. 1955 p. 385  333, A.L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 1983   475.265. Compensation of guardians and conservators.  A guardian or conservator shall be allowed such compensation for his services as guardian or conservator, as the court shall deem just and reasonable. Additional compensation may be allowed for his necessary services as attorney and for other necessary services not required of a guardian or conservator. Compensation may also be allowed for necessary expenses in the administration of his trust, including reasonable attorney fees if the employment of an attorney for the particular purpose is necessary. In all cases, compensation of the guardian or conservator and his expenses including attorney fees shall be fixed by the court and may be allowed at any annual or final accounting; but at any time before final settlement the guardian or conservator or his attorney may apply to the court for an allowance upon the compensation or necessary expenses of the guardian or conservator and for attorney fees for services already performed. If the court finds that the guardian or conservator has failed to discharge his duties as such in any respect, it may deny him any compensation whatsoever or may reduce the compensation which would otherwise be allowed. The court may consider ties of blood, marriage or adoption, in making allowances of compensation to guardians and conservators. -------- (L. 1955 p. 385  334, A.L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 2018, 2 histories   475.270. Annual settlements required, when, exception  information required.  1. Every conservator shall file with the court annually, or more often if required by the court, a settlement of the conservator's accounts if required by the court detailing the current status of the estate under conservatorship. The annual settlement shall be made at a time fixed by the court within sixty days after the anniversary of the appointment of such conservator.  2. Each settlement of a conservator shall conform to the requirements of section 473.543 as to settlements in decedents' estates.  3. If the conservatorship estate meets the indigency standards prescribed by chapter 208, is under the control of another fiduciary, including a Social Security representative payee or Veterans Affairs fiduciary, or if the assets of a protectee have been placed in restricted custody, the court may waive the requirements that the settlement comply with the requirements of section 473.543 and require the conservator to report, in a form prescribed by the court, the following information:  (1) A statement of any money or property received during the preceding year including the date, source and amount or value;  (2) A statement of disbursements made and the purpose thereof;  (3) The total amount of money or property on hand;  (4) The name and address of any depositary where estate funds are deposited and the amounts thereof.  4. Except when a public administrator is serving as conservator, in addition to the information required under subsection 3 of this section, the settlement shall include:  (1) The present address of the protectee;  (2) The present address of the conservator;  (3) The services being provided to the protected person;  (4) The significant actions taken by the conservator during the reporting period;  (5) An opinion of the conservator as to the continued need for conservatorship and any recommended changes in the scope of the conservatorship;  (6) The compensation requested and the reasonable and necessary expenses incurred by the conservator;  (7) A plan for the coming year; and  (8) Any other information requested by the court or useful in the opinion of the conservator. -------- (RSMo 1939  420, 484, A.L. 1955 p. 385  335, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)  Prior revisions: 1929  420, 485; 1919  416, 481; 1909  446, 511 
Effective - 28 Aug 2004   475.275. Verification of securities held by conservator  pooled accounts, defined, restrictions on  audit of pooled accounts, when.  1. The conservator, at the time of filing any settlement with the court, shall exhibit all securities or investments held by him to an officer of the bank or other depositary wherein the securities or investments are held for safekeeping or to an authorized representative of the corporation which is surety on his bond, or to the judge or clerk of a court of record in this state, or upon request of the conservator or other interested party, to any other reputable person designated by the court, who shall certify in writing that he has examined the securities or investments and identified them with those described in the account and shall note any omission or discrepancies. If the depositary is the conservator, the certifying officer shall not be the officer verifying the account. The conservator may exhibit the securities or investments to the judge of the court, who shall endorse on the account and copy thereof, a certificate that the securities or investments shown therein as held by the conservator were each in fact exhibited to him and that those exhibited to him were the same as those in the account and noting any omission or discrepancy. The certificate, and the certificate of an official of the bank in which are deposited any funds for which the conservator is accountable, showing the amount on deposit, shall be prepared and signed in duplicate and one of each shall be filed by the conservator with his account.  2. (1) As used in and pursuant to this section, a "pooled account" is an account within the meaning of this section and means any account maintained by a fiduciary for more than one principal and is established for the purpose of managing and investing and to manage and invest the funds of such principals. No fiduciary shall or may place funds into a pooled account unless the account meets the following criteria:  (a) The pooled account is maintained at a bank or savings and loan institution;  (b) The pooled account is titled in such a way as to reflect that the account is being held by a fiduciary in a custodial capacity;  (c) The fiduciary maintains, or causes to be maintained, records containing information as to the name and ownership interest of each principal in the pooled account;  (d) The fiduciary's records contain a statement of all accretions and disbursements; and  (e) The fiduciary's records are maintained in the ordinary course of business and in good faith.  (2) The public administrator of any county with a charter form of government and with more than six hundred thousand but less than seven hundred thousand inhabitants serving as a conservator and using and utilizing pooled accounts for the investing, investment, and management of conservatorship funds shall have any such accounts audited on at least an annual basis and no less than one time per year by an independent certified public accountant. The audit provided shall review the records of the receipts and disbursements of each estate account. Upon completion of the investigation, the certified public accountant shall render a report to the judge of record in this state showing the receipts, disbursements, and account balances as to each estate and as well as the total assets on deposit in the pooled account on the last calendar day of each year. The county shall provide for the expense of such* audit. If and where the public administrator has provided the judge with the** audit pursuant to and required by this subsection and section, the public administrator shall not be required to obtain the written certification of an officer of a bank or other depository on any** estate asset maintained within the pooled account as otherwise required in and under subsection 1 of this section. -------- (L. 1955 p. 385  336, A.L. 1983 S.B. 44 & 45, A.L. 2004 H.B. 795, et al. merged with S.B. 1243)  *Word "the" appears in original rolls of H.B. 795, et al., 2004.  **Word "an" appears in original rolls of S.B. 1243, 2004. 
Effective - 28 Aug 2018, 2 histories   475.276. Order waiving settlement, when.  1. If the assets of the protectee are under the control of another fiduciary, including a Social Security representative payee or Veterans Affairs fiduciary, or if the value of the assets of the estate of a protectee does not exceed the value prescribed by chapter 208 for public benefit eligibility and whether or not such protectee receives other public benefits from the federal government or the state of Missouri, the court may, upon satisfactory proof that adequate provision has been made for the care and maintenance of the protectee, waive or modify the requirements of sections 475.270 and 475.275.  2. If the estate of a protectee consists solely of cash or its equivalent which has been placed in restricted custody so that no withdrawals may be made except on order of the court as prescribed by section 473.160, the court may waive or modify the requirements of sections 475.270 and 475.275.  3. Any order entered pursuant to subsection 1 or 2 of this section shall specify the events or circumstances which shall cause the same to terminate. The order may also provide that the estate shall not be liable for court costs or other expenses of administration so long as the order remains in effect and may direct any state agency or require the conservator of the estate to request a federal agency to pay benefits directly to the custodial facility in which the protectee resides. -------- (L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806) 
Effective - 28 Aug 1983   475.280. Settlement and report dockets  notice to conservators and guardians.  1. The clerk shall keep a docket in which shall be entered the names of all conservators and the particular day upon which their annual settlements are required.  2. The clerk shall notify each conservator by ordinary mail of the day on which each of his annual settlements is required to be filed at least thirty days before such date. Failure to receive the notice herein required does not excuse a conservator from making settlement as required by law.  3. Sections 473.560 to 473.567 as to decedents' estates apply to conservators and their settlements.  4. The clerk shall also keep a docket in which shall be entered the names of all guardians and limited guardians and the particular day upon which their report of annual personal review is required. The clerk shall notify such guardians in the same manner as prescribed in subsection 2 of this section. Failure to receive the notice herein required does not excuse such guardians from making the report as required by law. -------- (RSMo 1939  421, A.L. 1955 p. 385  337, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  421; 1919  417; 1909  447 
Effective - 28 Aug 2018, 2 histories   475.290. Final settlement required, when  notice.  1. Conservators shall make final settlement of their conservatorship at a time fixed by the court, either by rule or otherwise, within ninety days after termination of their authority, except for those cases where the court has ordered that no letters of administration be granted under section 475.320. For the purpose of settlement, the conservator shall make a just and true exhibit of the account between himself or herself and the protectee, and file the same in the court having jurisdiction thereof, and cause a copy of the account, together with a written notice stating the day on which and the court in which the conservator will make settlement, to be delivered to the protectee or, in case of revocation or resignation, to the succeeding conservator or in case of death of the protectee to the executor or administrator of the protectee's estate or other person designated by the court, at least twenty days before the date set for settlement.  2. If, for any cause, a copy of the account and written notice cannot be delivered to the protectee or other person entitled thereto, the court may order notice of the filing of the account, and of the time and place at which final settlement is to be made, to be given by publication once a week for four weeks next before the date set for settlement in accordance with section 472.100.  3. At the time specified in the notice, the court, upon satisfactory proof of the delivery of a copy of the account and written notice of the settlement to the protectee or person entitled thereto, or the protectee's written waiver thereof, or in case the court has ordered notice to be given by publication, then upon proof of compliance with such order, shall proceed to examine the accounts of the conservator, correct all errors therein, if any there be, and make a final settlement with the conservator; or the court may, for good cause, continue the settlement and proceed therein at any time agreed upon by the parties or fixed by the court. -------- (RSMo 1939  430, A.L. 1955 p. 385  339, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)  Prior revisions: 1929  430; 1919  426; 1909  456 
Effective - 28 Aug 1983   475.295. Death of conservator, personal representative to make settlement  waived when.  1. In case of the death of a conservator, his personal representative shall make settlement with his successor, and deliver the property and money belonging to the protectee whose estate was managed by his decedent to such successor. When the sole purpose of administering the estate of the deceased conservator is to make settlement of the estate of the protectee, the court may waive the appointment of a personal representative for the deceased conservator. In such circumstances, the successor shall file a settlement showing the condition of the estate of the protectee and, upon approval by the court, shall be charged with such assets as are shown therein, provided, however, that such successor shall not be relieved of the duty to account for assets of the protectee not shown on such settlement.  2. If a deceased conservator leaves no estate subject to administration, and letters are issued to his personal representative solely for the purpose of making settlement under this section, the costs and expenses of administration of such administration shall be paid by the estate of the protectee of which the decedent was conservator; and, in the administration proceeding in the estate of the deceased conservator there need be no publication as required by section 473.033. -------- (RSMo 1939  434, A.L. 1955 p. 395  340, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  435; 1919  431; 1909  461 
Effective - 28 Aug 1983   475.300. Order for payment to protectee of amount due.  The court shall order payment of the amount found to be due, and the rendition of any effects, property, rights or credits belonging to the protectee, to the protectee, or to the successor of the conservator, or to the personal representative of the protectee, or other person designated by the court, as the case may be, and enforce the order by attachment or execution against the conservator and his sureties. -------- (RSMo 1939  431, A.L. 1955 p. 385  341, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  432; 1919  428; 1909  458 
Effective - 28 Aug 1983   475.305. Enforcement of order of payment.  If the conservator fails to pay the money ordered to be paid, the same proceedings may be had against him and his sureties to compel payment as are authorized in cases where a personal representative fails, when ordered, to pay claims against an estate. -------- (RSMo 1939  432, A.L. 1955 p. 385  342, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  433; 1919  429; 1909  459 
Effective - 28 Aug 1983   475.310. Estate delivered by resident conservator to foreign guardian or conservator, when.  Whenever it appears to the court that any protectee, having a conservator in this state, is not a resident of this state, and has a guardian, conservator, committee or curator in another state, who has a bond adequate to protect the estate, the court may authorize or compel the conservator of such protectee to deliver over to the foreign guardian, conservator, committee or curator all the property of which he may have the custody, belonging to the protectee, and make a full and perfect settlement of his conservatorship with the foreign guardian, conservator, committee or curator. Before the court makes any order under this section, notice of the application therefor shall be given the resident conservator and after hearing the court may grant or refuse the order in accordance with the best interests of the protectee. When such an order is made, the receipt of the foreign guardian, conservator, committee or curator fully discharges the resident conservator, and his sureties, from all liability on account of the property delivered to the foreign guardian, conservator, committee or curator. This section applies when the protectee or his family, being residents of this state, remove to another state or when the court finds it is to the best interests of the protectee that his residence be moved to another state. -------- (RSMo 1939  417, 429, A.L. 1955 p. 385  343, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  417, 429; 1919  413, 425; 1909  443, 455 
Effective - 28 Aug 1983   475.315. Receipt by protectee, successor or others, discharge.  Successors of conservators or personal representatives, having received all money and other estate found to be due to their protectees or to the estate of a deceased protectee, and protectees having received all money and other estate due from their conservators on the expiration of their conservatorship, shall acknowledge satisfaction of record in the proper court; or if the protectee, on due notice, neglects or refuses to make acknowledgment, or cannot be found in the county to be served with notice, the court shall enter a discharge of his conservator on the record and give him a certificate therefor but the court shall not enter the discharge, nor give such certificate, until the conservator has exhibited to the court the written statement of the protectee, acknowledging the receipt of all money and other property due from the conservator, which written statement shall be signed by the protectee and in every case acknowledged by the protectee to be his free act and deed, before some officer authorized by law to take acknowledgment of deeds. Upon acknowledgment of satisfaction the conservator shall be discharged of record. -------- (RSMo 1939  433, A.L. 1955 p. 385  344, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  434; 1919  430; 1909  460 
Effective - 28 Aug 2018, 2 histories   475.320. Death of protectee, distribution of estate  administration, when.  1. Except in cases mentioned in subsection 2, the court, upon the death of any protectee, may order that no letters of administration shall be granted upon his estate, but the funeral and burial expenses and estate taxes for which the estate of the deceased protectee is liable, and obligations of the protectee incurred by the conservator, as well as expenses of administration, may be paid out of the estate by the conservator on order of the court and after the final settlement of the conservator is approved, and upon a showing that all obligations of the estate which have been authorized by the court have been paid, the court shall order the conservator to make distribution to the heirs in the same manner and with the same effect as in the case of an administrator. In such case the conservator is subject in all respects and to the same extent to the liabilities of an administrator and liability on the conservator's bond continues and applies to the complete administration of the estate of the deceased protectee, including settlements as required by section 473.540.  2. Whenever a protectee dies leaving debts, other than those payable by the conservator under subsection 1 hereof, for which his estate would be liable in an action, or whenever a protectee dies, leaving a will valid under the law respecting wills, letters testamentary or of administration shall be granted on the estate of the deceased protectee, in the manner provided by law, as in case of other testators or intestates. -------- (RSMo 1939  427, 428, A.L. 1955 p. 385  345, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)  Prior revisions: 1929  427, 428; 1919  423, 424; 1909  453, 454  (1965) As used in subsection 2 of this section, the word "debts" is the substantial equivalent of "claims", which is defined in  472.101 (4) as including liabilities of the decedent which survive whether arising in contract or in tort or otherwise, funeral expenses, the expense of a tombstone and costs and expenses of administrator. State v. Hollenbeck (A.), 394 S.W.2d 82. (1965) This section states no legislative purpose or intent to transmit the legal status of a guardian to that of an administrator, but simply grants to the probate court the discretionary right, in certain cases, to "order that no letters of administration shall be granted". State v. Hollenbeck (A.), 394 S.W.2d 82
Effective - 28 Aug 1983   475.322. Use of multiple-party accounts and joint property.  When a protectee:  (1) Purchased United States bonds in co-ownership form, payable to himself and another or the survivor, or in beneficiary form, payable to himself during his lifetime and to another upon his death;  (2) Deposited funds in a joint account in the name of himself and any one or more other persons, and in form to be paid to any one or more of them, or the survivor or survivors of them, or in an account payable to himself during his lifetime and upon his death to another, or in an account in his own name upon revocable trust for another; or  (3) Owns real or personal property in joint tenancy or tenancy by the entirety; the conservator may, with the authorization or approval of the court, redeem such bonds, withdraw funds from such account, and sell, exchange or mortgage the protectee's estate or interest in such joint or entirety property, to the extent that funds are needed to pay expenses under section 475.125 or claims under section 475.211. With respect to property held in joint tenancy, the provisions of sections 362.470 and 369.174 shall be applicable and with respect to any property held in tenancy by the entirety, the provisions of section 442.035 shall be applicable and the conservator, with or without court approval, shall not have authority to redeem, withdraw, sell, exchange or mortgage the protectee's estate or interest in such entirety property without the approval of the other tenant by the entirety. The court shall not authorize or approve such redemption, withdrawal, sale, exchange or mortgage as to the share contributed to the purchase of such bonds, the making of deposits in such an account, or the acquisition of such joint or entirety property by the co-owner or beneficiary of the bonds, a joint depositor, a person to whom an account is payable on death, a beneficiary of a revocable trust of an account, or a cotenant of property. -------- (L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 1983   475.325. Escheat of minor's estate, when.  If upon the final settlement of a minor's estate, made upon his arrival at eighteen years of age, the residence or whereabouts of the protectee is unknown to his conservator or the court before whom such settlement is made or if the protectee refuses to accept and receipt for the balance found owing to him before the time for appeal from the settlement has expired, any funds remaining in the conservator's hands shall be ordered paid into the state treasury in like manner and subject to the same provisions in favor of the protectee as now provided by sections 470.010 to 470.260 in cases of nonappearing and nonclaiming distributees and legatees. -------- (RSMo 1939  438, A.L. 1955 p. 385  346, A.L. 1979 H.B. 95, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  439; 1919  435; 1909  465 
Effective - 28 Aug 1983   475.330. Conservatorship dispensed with, when.  1. When the whole estate of a minor does not exceed the value of ten thousand dollars, the court may, in its discretion, without the appointment of a conservator or the giving of bond, authorize:  (1) The deposit in a depositary authorized to receive fiduciary funds, payable to the conservator of the estate when appointed or to the minor upon his attaining the age of eighteen years; or  (2) The delivery thereof to a suitable person designated by the court, deliverable to the conservator of the estate when appointed or to the minor upon his attaining the age of eighteen years; or  (3) The payment or delivery thereof to the parent of the minor, or to the person having care or custody of the minor or to the minor himself. The person receiving such money or other assets shall hold and dispose of the same in the manner directed by the court.  2. When the whole estate of a person over the age of eighteen who has been adjudicated to be disabled does not exceed the value of ten thousand dollars, the court may, in its discretion, without the appointment of a conservator or the giving of bond, authorize the deposit thereof in a depositary authorized to receive fiduciary funds in the name of a suitable person designated by the court, or authorize the delivery thereof to a suitable person designated by the court. The person receiving such money or other assets shall hold and dispose of the same in such manner as the court directs.  3. When the whole estate of a minor or a disabled person does not exceed ten thousand dollars, the court may discharge the conservator of the estate and authorize disposition of the assets of the estate of the protectee in the same manner as provided in subsections 1 and 2 of this section.  4. The person or officer making payment, delivery, transfer or issuance of personal property or evidence thereof to the person designated by the court under this section is discharged and released to the same extent as if such payment, delivery, transfer or issuance was made to a conservator of the minor or disabled person, and he is not required to see to the application thereof, except that a person or officer making payment, delivery, transfer or issuance of money or personal property, or evidence thereof, to a next friend or guardian ad litem may be discharged and released as provided for in section 507.184. -------- (L. 1955 p. 385  347, A.L. 1959 H.B. 537, A.L. 1977 S.B. 142 & 433, A.L. 1979 H.B. 95, A.L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 1983   475.335. Payment and delivery to foreign guardian or conservator.  Any person indebted to a minor or disabled person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a minor or disabled person may pay such debt or deliver such property or instrument to a conservator, curator, committee, guardian of the estate or other like fiduciary appointed by a court of the state of residence of the person, upon being presented with proof of his appointment and an affidavit made by him or on his behalf stating:  (1) That no application for appointment of a conservator or conservatorship proceeding relating to the person is pending in this state; and  (2) That the foreign guardian, conservator, committee or curator is entitled to payment or to receive delivery. If the person to whom the affidavit is presented is not aware of any conservatorship proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor. -------- (RSMo 1939  416, A.L. 1955 p. 385  348, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  416; 1919  412; 1909  442 
Effective - 28 Aug 1983   475.336. Effect of filing letters of foreign guardian or curator.  If no local conservator has been appointed and no petition in a conservatorship proceeding is pending in this state, a domiciliary foreign guardian, curator, committee or conservator may file with a court of a county in this state in which property belonging to the minor or disabled person is located, authenticated copies of his appointment and of any official bond he has given. Thereafter, he may exercise as to assets in this state all powers of a local conservator and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally. -------- (L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 1983   475.337. Jurisdiction by act of foreign guardian or conservator.  A foreign guardian, curator, committee or conservator submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by filing authenticated copies of his appointment as provided in section 475.336, receiving payment of money or taking delivery of personal property under section 475.335, or doing any act as a guardian or conservator in this state which would have given the state jurisdiction over him as an individual. Jurisdiction for receiving payment of money or taking delivery of personal property under section 475.335 is limited to the money or value of personal property collected. -------- (L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 1983   475.338. Service on foreign guardian or conservator.  1. Service of process may be made upon the foreign guardian, curator, committee or conservator by registered or certified mail, addressed to his last reasonably ascertainable address. Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign guardian, curator, committee or conservator in the manner in which service could have been made under other laws of this state.  2. If service is made upon a foreign guardian, curator, committee or conservator as provided in subsection 1 of this section, he shall be allowed at least thirty days within which to appear or respond. -------- (L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 1983   475.339. Nonresident domiciliary guardian or conservator.  Notwithstanding any other provision of law, a domiciliary guardian, committee, curator or conservator of a nonresident person, although a nonresident of this state or a corporation of another state or country, whether or not authorized to do business in this state, may act as such domiciliary guardian or conservator in this state under sections 475.335 and 475.336 and may be appointed and act as local guardian or conservator under section 475.030. -------- (L. 1983 S.B. 44 & 45) 
Effective - 28 Aug 1985   475.340. Mortgage or sale of real estate of ward by nonresident conservator.  1. When a nonresident person, owning real estate in this state, has a guardian, committee, curator or conservator of the estate in the state or territory in which he resides, the probate division of the circuit court in the proper county may authorize his guardian, committee, curator or conservator of the estate, either in person or by his agent, acting under power of attorney, to mortgage, or renew or extend any mortgage, on the person's real estate, or to sell the real estate and receive the proceeds of sale, and in case the person dies before the sale is completed, the guardian, curator, conservator, or agent shall complete the sale and pay the proceeds to the personal representative of the person.  2. Before any order is made for the payment of money to a nonresident guardian, curator, committee or conservator of the estate, or for the sale, mortgage, or renewal or extension of a mortgage on the property of the person by him, he shall produce satisfactory evidence to the court that he has given bond and security, as guardian, curator, committee or conservator, in the state or territory in which he and the person reside, in an amount sufficient under the laws of the state or territory in which he and his ward reside to cover the sum to be paid him or the appraised value of the property to be sold, in addition to such other property as is in his hands; and the proof shall consist of a copy of the record setting forth his appointment as guardian, committee, curator or conservator, and also a copy of his bond, executed as such, certified according to the act of Congress which regulates the authentication of records. -------- (RSMo 1939  404, 415, A.L. 1955 p. 385  349, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.)  Prior revisions: 1929  404, 415; 1919  400, 411; 1909  441 
Effective - 28 Aug 2018   475.341. Voidable transactions, exceptions.  1. Except when a public administrator is serving as conservator, a sale, encumbrance, or other transaction involving the management of the conservatorship entered into by the conservator for the conservator's own personal gain or which is otherwise affected by a conflict between the conservator's fiduciary and personal interests is voidable unless the transaction:  (1) Was approved by the court;  (2) Involves a contract entered into or claim acquired by the conservator before the person became or contemplated becoming conservator;  (3) Involves a deposit of estate moneys to a bank operated by the conservator; or  (4) Involves an advance by the conservator of moneys for the protection of the estate.  2. When a public administrator is serving as conservator, the public administrator shall not enter into a transaction for his or her own personal gain. -------- (L. 2018 S.B. 806) 
Effective - 28 Aug 2018   475.342. Estate property, conservator's duties.  The conservator shall:  (1) Keep estate property separate from the conservator's own property; and  (2) Cause the estate's property to be designated so that any ownership interest of the estate, to the extent feasible, appears in records maintained by a financial institution or party other than the conservator or protectee. -------- (L. 2018 S.B. 806) 
Effective - 28 Aug 2018   475.343. Personal financial resources, guardian not obligated to use  court order for ward's admission to mental health facility  authorized acts of social service agencies.  1. A guardian of an adult or minor ward is not obligated by virtue of such guardian's appointment to use the guardian's own financial resources for the support of the ward. If the ward's estate and available public benefits are inadequate for the proper care of the ward, the guardian or conservator may apply to the county commission under section 475.370.  2. No guardian shall have authority to seek admission of the guardian's ward to a mental health facility or an intellectual disability facility for more than thirty days for any purpose without court order except as otherwise provided by law.  3. Only the director or chief administrative officer of a social service agency serving as guardian of an incapacitated person, or such person's designee, is legally authorized to act on behalf of such person.  4. A social service agency serving as guardian of an incapacitated person shall notify the court within fifteen days after any change in the identity of the professional individual who has primary responsibility for providing guardianship services to the incapacitated person.  5. Any social service agency serving as guardian shall not provide other services to the ward. -------- (L. 2018 S.B. 806) 
Effective - 28 Aug 1983   475.345. Transactions of protectees voidable, when.  A sale, exchange, lease, gift, contract, release or other transaction affecting his estate entered into by a protectee at a time when he is a minor or lacks sufficient mental capacity to understand the transaction and its effect upon his estate, rights and future welfare is voidable at the option of the protectee or the conservator of his estate unless entered into with the consent of the conservator in the case of transactions which the conservator could enter into without court authorization under section 475.130 or with the authorization or approval of the court. The conservator is under a duty to treat as voidable transactions which are voidable at his option and not beneficial to the protectee or his estate. -------- (RSMo 1939  485, A.L. 1955 p. 385  350, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  486; 1919  482; 1909  512 
Effective - 28 Aug 1983   475.350. Incapacitated public officer, proceedings.  If any person adjudicated incapacitated by the judge of the probate division of the circuit court is, at the time of the adjudication, a duly qualified public officer of this state, or of any county in this state, or of any municipality in this state, his office is deemed vacant, and the judge of the court shall certify the fact of such adjudication to the officer or tribunal having power to fill the vacancy; and the vacancy shall be filled during the incapacity of such officer. -------- (RSMo 1939  451, A.L. 1955 p. 385  351, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  452; 1919  448; 1909  478 
Effective - 28 Aug 2018, 3 histories   475.355. Temporary emergency detention.  1. If, upon the filing of a petition for the adjudication of incapacity or disability it appears that the respondent, by reason of a mental disorder or intellectual disability or developmental disability, presents a likelihood of serious physical harm to the respondent or others, the respondent may be detained in accordance with the provisions of chapter 632 if suffering from a mental disorder, or chapter 633 if the respondent has an intellectual or developmental disability, pending a hearing on the petition for adjudication.  2. As used in this section, the terms "mental disorder" and "intellectual disability" or "developmental disability" shall be as defined in chapter 630 and the term "likelihood of serious physical harm to the respondent or others" shall be as the term "likelihood of serious harm" is defined in chapter 632.  3. The procedure for obtaining an order of temporary emergency detention shall be as prescribed by chapter 632, relating to prehearing detention of mentally disordered persons. -------- (RSMo 1939  498, 499, A.L. 1955 p. 385  352, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2011 H.B. 555 merged with H.B. 648, A.L. 2014 H.B. 1064, A.L. 2018 S.B. 806)  Prior revisions: 1929  499, 500; 1919  494, 495; 1909  524, 525 
Effective - 28 Aug 2018   475.357. Child custody and visitation, probate courts to have jurisdiction, when.  The probate divisions of the courts of this state have jurisdiction over issues of the adjudication of incapacity, partial incapacity, disability, or partial disability and the appointment of a guardian, limited guardian, conservator, or limited conservator of an adult eighteen years of age or older whose parents have a pending matter under chapter 210 or * 452 for child custody or visitation of that child. The court that has jurisdiction under chapter 210 or * 452 shall have the authority to enter orders only as to child support after such adjudication and appointment of a guardian by the probate division. -------- (L. 2018 S.B. 806)  *Word "chapter" appears here in original rolls.
Effective - 28 Aug 2018   475.361. Wards, rights of.  1. The provisions of section 475.078 notwithstanding to the contrary, in every guardianship, the ward has the right to:  (1) A guardian who acts in the best interests of the ward;  (2) A guardian who is reasonably accessible to the ward;  (3) Communicate freely and privately with family, friends, and other persons other than the guardian; except that, such right may be limited by the guardian for good cause but only as necessary to ensure the ward's condition, safety, habilitation, or sound therapeutic treatment;  (4) Individually or through the ward's representative or legal counsel, bring an action relating to the guardianship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by this chapter, including the right to bring an action to modify or terminate the guardianship under the provisions of section 475.083;  (5) The least restrictive form of guardianship assistance, taking into consideration the ward's functional limitations, personal needs, and preferences;  (6) Be restored to capacity at the earliest possible time;  (7) Receive information from the court that describes the ward's rights, including rights the ward may seek by petitioning the court; and  (8) Participate in any health care decision-making process.  2. An adult ward may petition the court to grant the ward the right to:  (1) Contract to marry or to petition for dissolution of marriage;  (2) Make, modify, or terminate other contracts or ratify contracts made by the ward;  (3) Consent to medical treatment;  (4) Establish a residence or dwelling place;  (5) Change domicile;  (6) Bring or defend any action at law or equity, except an action relating to the guardianship; or  (7) Drive a motor vehicle if the ward can pass the required driving test.  3. The appointment of a guardian shall revoke the powers of an agent who was previously appointed by the ward to act as an agent under a durable power of attorney for health care, unless the court so orders.  4. The appointment of a guardian is not a determination that the ward lacks testamentary capacity. -------- (L. 2018 S.B. 806) 
Effective - 28 Aug 1983   475.370. Exhaustion of estate.  1. If the estate of any incapacitated ward or protectee is insufficient to pay his debts, to maintain himself and family, or educate his children, his guardian or conservator may apply to the county commission of the proper county, by petition, setting forth the particulars, and praying for an appropriation from the county treasury for the support of his ward or protectee.  2. The petition shall be accompanied by a true and perfect account of the guardianship or conservatorship, an inventory of the estate and effects, and a list of the debts due from such incapacitated person, and it shall be verified by the affidavit of the petitioner.  3. If the county commission is satisfied that the estate and effects are insufficient for the purposes above specified, it may order such sum to be paid to the guardian or conservator, out of the county treasury, as to it shall appear reasonable, and cause a warrant to be issued accordingly.  4. But no allowance shall be made, at any one time, for a period longer than one year, nor shall the order be made at any time, unless the guardian or conservator has duly accounted, and settled with the probate division of the circuit court, for the moneys and effects which have come to his hands for the support of his ward or protectee, out of the county treasury or otherwise. -------- (RSMo 1939  488, 489, 490, 491, A.L. 1955 p. 385  355, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)  Prior revisions: 1929  489, 490, 491, 492; 1919  485, 486, 487, 488; 1909  515, 516, 517, 518 
Effective - 28 Aug 1947   475.380. Definitions.  As used in sections 475.380 to 475.480:  (1) "Person" means an individual, a partnership, a corporation or an association;  (2) "Veterans administration" means the Veterans Administration, its predecessors or successor;  (3) "Income" means moneys received from the Veterans Administration and revenue or profit from any property wholly or partially acquired therewith;  (4) "Estate" means income on hand and assets acquired partially or wholly with income;  (5) "Benefits" means all moneys paid or payable by the United States through the Veterans Administration;  (6) "Administrator" means the administrator of Veterans Affairs of the United States or his successor;  (7) "Ward" means a beneficiary of the Veterans Administration;  (8) "Guardian" means any fiduciary for the person or estate of a ward. -------- (L. 1947 V. I p. 4  1)  (1966) Uniform veterans' guardianship law does not apply in case where it does not appear that veteran's estate was derived from moneys received from veterans' administration and revenue or profit from any property wholly or partially acquired from the money. DeWald v. Morris (A.), 397 S.W.2d 738.
Effective - 28 Aug 1947   475.385. Administrator as party in interest.  1. The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the Veterans Administration.  2. Not less than fifteen days prior to hearing in such matter, notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the Veterans Administration having jurisdiction over the area in which any such suit or any such proceeding is pending. -------- (L. 1947 V. I p. 4  2) 
Effective - 28 Aug 1947   475.390. When guardian appointed.  Whenever, pursuant to any law of the United States or regulation of the Veterans Administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner herein provided. -------- (L. 1947 V. I p. 4  3) 
Effective - 28 Aug 1951   475.395. Number of wards limited.  No person, other than a bank, trust company or public administrator shall be guardian of more than five wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the Veterans Administration or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting from such guardian and shall discharge him from guardianships in excess of five and forthwith appoint a successor. -------- (L. 1947 V. I p. 4  4, A.L. 1951 p. 884) 
Effective - 28 Aug 1947   475.400. Petition for appointment of guardian.  1. A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized or if the person so authorized refuses or fails to file such a petition within thirty days after mailing of notice by the Veterans Administration to the last known address of the person, if any, indicating the necessity for the same, a petition for appointment may be filed by any resident of this state.  2. The petition for appointment shall set forth the name, age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the Veterans Administration and shall set forth the amount of moneys then due and the amount of probable future payments.  3. The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation and address of the proposed guardian and if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian if the court determines it is for the best interest of the ward.  4. In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent by the Veterans Administration on examination in accordance with the laws and regulations governing the Veterans Administration. -------- (L. 1947 V. I p. 4  5) 
Effective - 28 Aug 1947   475.405. Proof of necessity for appointment  minority.  Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or his authorized representative, setting forth the age of such minor as shown by the records of the Veterans Administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the Veterans Administration shall be prima facie evidence of the necessity for such appointment. -------- (L. 1947 V. I p. 4  6) 
Effective - 28 Aug 1947   475.410. Proof of necessity for appointment  incompetency.  Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his duly authorized representative, that such person has been rated incompetent by the Veterans Administration on examination in accordance with the laws and regulations governing such Veterans Administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due such ward by the Veterans Administration, shall be prima facie evidence of the necessity for such appointment. -------- (L. 1947 V. I p. 4  7) 
Effective - 28 Aug 1947   475.415. Notice of petition for appointment.  Upon the filing of a petition for the appointment of a guardian under sections 475.380 to 475.480, notice shall be given to the ward, to such other persons, and in such manner as is provided by the general law of this state, and also to the Veterans Administration as provided by sections 475.380 to 475.480. -------- (L. 1947 V. I p. 4  8) 
Effective - 28 Aug 1947   475.420. Qualifications and bond of guardian.  1. Upon the appointment of a guardian, he shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under the general guardianship laws of this state. The court may from time to time require the guardian to file an additional bond.  2. Where a bond is tendered by a guardian with personal sureties, there shall be at least two such sureties and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all his debts and liabilities and the aggregate of other bonds on which he is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate. -------- (L. 1947 V. I p. 4  9) 
Effective - 28 Aug 1947   475.425. Filing of accounts  notice of hearing.  1. Every guardian, who has received or shall receive on account of his ward any moneys or other thing of value from the Veterans Administration shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath of all moneys or other things of value so received by him, all earnings, interest or profits derived therefrom and all property acquired therewith and of all disbursements therefrom, and showing the balance thereof in his hands at the date of the account and how invested.  2. The guardian, at the time of filing any account, shall exhibit all securities or investments held by him to an officer of the bank or other depositary wherein said securities or investments are held for safekeeping or to an authorized representative of the corporation which is surety on his bond, or to the judge or clerk of a court of record in this state, or, upon request of the guardian or other interested party, to any other reputable person designated by the court, who shall certify in writing that he has examined the securities or investments and identified them with those described in the account, and shall note any omissions or discrepancies. If the depositary is the guardian, the certifying officer shall not be the officer verifying the account. The guardian may exhibit the securities or investments to the judge of the court, who shall endorse on the account and copy thereof a certificate that the securities or investments shown therein as held by the guardian were each in fact exhibited to him and that those exhibited to him were the same as those shown in the account, and noting any omission or discrepancy. That certificate and the certificate of an official of the bank in which are deposited any funds for which the guardian is accountable, showing the amount on deposit, shall be prepared and signed in duplicate and one of each shall be filed by the guardian with his account.  3. At the time of filing in the court any account, a certified copy thereof and a signed duplicate of each certificate filed with the court shall be sent by the guardian to the office of the Veterans Administration having jurisdiction over the area in which the court is located. A signed duplicate or a certified copy of any petition, motion or other pleading, pertaining to an account, or to any matter other than an account, and which is filed in the guardianship proceedings or in any proceeding for the purpose of removing the disability of minority or mental incapacity, shall be furnished by the person filing the same to the proper office of the Veterans Administration. Unless hearing be waived in writing by the attorney of the Veterans Administration, and by all other persons, if any, entitled to notice, the court shall fix a time and place for the hearing on the account, petition, motion or other pleading not less than fifteen days nor more than thirty days from the date same is filed, unless a different available date be stipulated in writing. Unless waived in writing, written notice of the time and place of hearing shall be given the Veterans Administration office concerned and the guardian and any others entitled to notice not less than fifteen days prior to the date fixed for the hearing. The notice may be given by mail in which event it shall be deposited in the mails not less than fifteen days prior to said date. The court, or clerk thereof, shall mail to said Veterans Administration office a copy of each order entered in any guardianship proceeding wherein the administrator is an interested party.  4. If the guardian is accountable for property derived from sources other than the Veterans Administration, he shall be accountable as is or may be required under the applicable law of this state pertaining to the property of minors or persons of unsound mind who are not beneficiaries of the Veterans Administration, and as to such other property shall be entitled to the compensation provided by such law. The account for other property may be combined with the account filed in accordance with this section. -------- (L. 1947 V. I p. 4  10) 
Effective - 28 Aug 1947   475.430. Removal for failure to file accounts.  If any guardian shall fail to file with the court any account as required by sections 475.380 to 475.480, or by an order of the court, when any account is due or within thirty days after citation issues as provided by law, or shall fail to furnish the Veterans Administration a true copy of any account, petition or pleading as required by sections 475.380 to 475.480, such failure may in the discretion of the court be ground for his removal. -------- (L. 1947 V. I p. 4  11) 
Effective - 28 Aug 1947   475.435. Compensation of guardian.  Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent of the amount of moneys received during the period covered by the account. In the event of extraordinary services by any guardian, the court, upon petition and hearing thereon, may authorize reasonable additional compensation therefor. A copy of the petition and notice of hearing thereon shall be given the proper office of the Veterans Administration in the manner provided in the case of hearing on a guardian's account or other pleading. No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments. -------- (L. 1947 V. I p. 4  12)  (1957) Where guardian, who was wife of incompetent, made twenty-eight annual settlements before her death and never claimed or received any commissions, she was held to have waived right to commissions. Pasley v. Marshall (A.), 305 S.W.2d 879.
Effective - 28 Aug 1947   475.440. Investment of funds.  Every guardian shall invest the surplus funds of his ward's estate in such securities or property as authorized under the laws of this state but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct unconditional interest-bearing obligations of this state or of the United States and in obligations the interest and principal of which are unconditionally guaranteed by the United States. A signed duplicate or certified copy of the petition for authority to invest shall be furnished the proper office of the Veterans Administration, and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account. -------- (L. 1947 V. I p. 4  13) 
Effective - 28 Aug 1947   475.445. Application of funds.  A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse and the minor children of the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of said petition shall be furnished the proper office of the Veterans Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account or other pleading. -------- (L. 1947 V. I p. 4  14) 
Effective - 28 Aug 1947   475.450. Purchase of home for ward.  1. The court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his interest, or (if he is not a minor) as a home for his wife and minor children, or a parent if wholly dependent upon him for his or her support. Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the Veterans Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.  2. Before authorizing such purchase the court shall require written evidence of value and of title and of the advisability of acquiring such real estate. Title shall be taken in the ward's name. This section does not limit the right of the guardian on behalf of his ward to bid and to become the purchaser of real estate at a sale thereof pursuant to decree of foreclosure of lien held by or for the ward, or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold; nor does it limit the right of the guardian, if such be necessary to protect the ward's interest and upon prior order of the court in which the guardianship is pending, to agree with cotenants of the ward for a partition in kind, or to purchase from cotenants the entire undivided interests held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward's realty. -------- (L. 1947 V. I p. 4  15) 
Effective - 28 Aug 1947   475.455. Discharge of guardian and release of sureties.  In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Veterans Administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the Veterans Administration upon examination in accordance with law shall be prima facie evidence that the ward has attained majority, or has recovered his competency. Upon hearing after notice as provided by sections 475.380 to 475.480 and the determination by the court that the ward has attained majority or has recovered his competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the Veterans Administration as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due him from the guardian, the guardian shall be discharged and his sureties released. -------- (L. 1947 V. I p. 4  16) 
Effective - 28 Aug 1947   475.460. Commitment to Veterans Administration or other United States agency.  1. Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his proper care, it is determined after such adjudication of the status of such person as may be required by law that commitment to a hospital for mental disease or other institution is necessary for safekeeping or treatment and it appears that such person is eligible for care or treatment by the Veterans Administration or other agency of the United States government, the court, upon receipt of a certificate from the Veterans Administration or such other agency showing that facilities are available and that such person is eligible for care or treatment therein, may commit such person to said Veterans Administration or other agency. The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this state; and nothing in sections 475.380 to 475.480 shall affect his right to appear and be heard in the proceedings. Upon commitment, such person, when admitted to any facility operated by any such agency within or without this state shall be subject to the rules and regulations of the Veterans Administration or other agency. The chief officer of any facility of the Veterans Administration or institution operated by any other agency of the United States to which the person is so committed shall with respect to such person be vested with the same powers as superintendents of state hospitals for mental diseases within this state with respect to retention of custody, transfer, parole or discharge. Jurisdiction is retained in the committing or other appropriate court of this state at any time to inquire into the mental condition of the person so committed, and to determine the necessity for continuance of his restraint, and all commitments pursuant to sections 475.380 to 475.480 are so conditioned.  2. The judgment or orders of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to the Veterans Administration, or other agency of the United States government for care or treatment shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order; and the courts of the committing state, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person, and of determining the necessity for continuance of his restraint as is provided in subsection 1 of this section with respect to persons committed by the courts of this state. Consent is hereby given to the application of the law of the committing state or district in respect to the authority of the chief officer of any facility of the Veterans Administration, or of any institution operated in this state by any other agency of the United States to retain custody, or transfer, parole or discharge the committed person.  3. Upon receipt of a certificate of the Veterans Administration or such other agency of the United States that facilities are available for the care or treatment of any person heretofore committed to any hospital for the insane or other institution for the care or treatment of persons similarly afflicted and that such person is eligible for care or treatment, the superintendent of the institution may cause the transfer of such person to the Veterans Administration or other agency of the United States for care or treatment. Upon effecting any such transfer, the committing court or proper officer thereof shall be notified thereof by the transferring agency. No person shall be transferred to the Veterans Administration or other agency of the United States if he be confined pursuant to conviction of any felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court or other authority originally committing such person shall enter an order for such transfer after appropriate motion and hearing.  4. Any person transferred as provided in this section shall be deemed to be committed to the Veterans Administration or other agency of the United States pursuant to the original commitment. -------- (L. 1947 V. I p. 4  17) 
Effective - 28 Aug 1947   475.465. Construction and application.  Sections 475.380 to 475.480 shall be so construed to make uniform the law of those states which enact it. -------- (L. 1947 V. I p. 4  18) 
Effective - 28 Aug 1947   475.470. Short title.  Sections 475.380 to 475.480 may be cited as "The Uniform Veterans' Guardianship Law". -------- (L. 1947 V. I p. 4  19) 
Effective - 28 Aug 1947   475.475. Other laws as applicable.  Except where inconsistent with sections 475.380 to 475.480, the laws of this state relating to guardian and ward and the judicial practice relating thereto, including the right to trial by jury and the right of appeal, shall be applicable to such beneficiaries and their estates. -------- (L. 1947 V. I p. 4  21) 
Effective - 28 Aug 1947   475.480. Application of provisions relating to surety bonds and administration of estates of wards.  The provisions of sections 475.380 to 475.480 relating to surety bonds and the administration of estates of wards shall apply to all income and estate as defined in section 475.380 whether the guardian shall have been appointed under sections 475.380 to 475.480 or under any other law of this state, special or general, prior or subsequent to the enactment hereof. -------- (L. 1947 V. I p. 4  22) 
Effective - 28 Aug 2011   475.501. Short title.  Sections 475.501 to 475.555 may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act". -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.502. Definitions.  Notwithstanding the definitions in section 475.010, when used in sections 475.501 to 475.555, the following terms mean:  (1) "Adult", an individual who has attained eighteen years of age;  (2) "Conservator", a person appointed by the court to administer the property of an adult, including a person appointed under this chapter;  (3) "Guardian", a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under this chapter;  (4) "Guardianship order", an order appointing a guardian;  (5) "Guardianship proceeding", a proceeding in which an order for the appointment of a guardian is sought or has been issued;  (6) "Incapacitated person", an adult for whom a guardian has been appointed;  (7) "Party", the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding;  (8) "Person", except in the term "incapacitated person" or "protected person", an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;  (9) "Protected person", an adult for whom a protective order has been issued;  (10) "Protective order", an order appointing a conservator or other order related to management of an adult's property;  (11) "Protective proceeding", a judicial proceeding in which a protective order is sought or has been issued;  (12) "Record", information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;  (13) "Respondent", an adult for whom a protective order or the appointment of a guardian is sought;  (14) "State", a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.503. International application of act.  A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and articles 2, 3, and 5. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.504. Communication between courts.  1. A court of this state may communicate with a court in another state concerning a proceeding arising under sections 475.501 to 475.555. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection 2 of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.  2. Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.505. Cooperation between courts.  1. In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to:  (1) Hold an evidentiary hearing;  (2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;  (3) Order that an evaluation or assessment be made of the respondent;  (4) Order any appropriate investigation of a person involved in a proceeding;  (5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under subdivision (1) of subsection 1 of this section or any other proceeding, any evidence otherwise produced under subdivision (2) of subsection 1 of this section, and any evaluation or assessment prepared in compliance with an order under subdivisions (3) and (4) of subsection 1 of this section;  (6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;  (7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 CFR 160.103, as amended.  2. If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection 1 of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.506. Taking testimony in another state.  1. In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.  2. In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.  3. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.521. Definitions  significant connection factors.  1. In this article, the following terms mean:  (1) "Emergency", a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf;  (2) "Home state", the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition;  (3) "Significant-connection state", a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.  2. In determining under section 475.523 and subsection 5 of section 475.531 whether a respondent has a significant connection with a particular state, the court shall consider:  (1) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;  (2) The length of time the respondent at any time was physically present in the state and the duration of any absence;  (3) The location of the respondent's property; and  (4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.522. Exclusive basis.  This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.523. Jurisdiction.  A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:  (1) This state is the respondent's home state;  (2) On the date a petition is filed, this state is a significant-connection state and:  (a) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or  (b) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:  a. A petition for an appointment or order is not filed in the respondent's home state;  b. An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and  c. The court in this state concludes that it is an appropriate forum under the factors set forth in section 475.526;  (3) This state does not have jurisdiction under either subdivisions (1) or (2) of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or  (4) The requirements for special jurisdiction under section 475.524 are met. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.524. Special jurisdiction.  1. A court of this state lacking jurisdiction under section 475.523 has special jurisdiction to do any of the following:  (1) Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state;  (2) Issue a protective order with respect to real or tangible personal property located in this state;  (3) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 475.531.  2. If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.525. Exclusive and continuing jurisdiction.  Except as otherwise provided in section 475.524, a court that has appointed a guardian or issued a protective order consistent with sections 475.501 to 475.555 has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.526. Appropriate forum.  1. A court of this state having jurisdiction under section 475.523 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.  2. If a court of this state declines to exercise its jurisdiction under subsection 1 of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or protective order be promptly filed in another state.  3. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:  (1) Any expressed preference of the respondent;  (2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;  (3) The length of time the respondent was physically present in or was a legal resident of this or another state;  (4) The distance of the respondent from the court in each state;  (5) The financial circumstances of the respondent's estate;  (6) The nature and location of the evidence;  (7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;  (8) The familiarity of the court of each state with the facts and issues in the proceeding; and  (9) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.527. Jurisdiction declined by reason of conduct.  1. If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:  (1) Decline to exercise jurisdiction;  (2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or  (3) Continue to exercise jurisdiction after considering:  (a) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;  (b) Whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection 3 of section 475.526; and  (c) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 475.523.  2. If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than sections 475.501 to 475.555. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.528. Notice of proceeding.  If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition shall be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice shall be given in the same manner as notice is required to be given in this state. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.529. Proceedings in more than one state.  Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state as provided in subdivision (1) or (2) of subsection 1 of section 475.524, if a petition for the appointment of a guardian or issuance of a protective order is filed in this and in another state and neither petition has been dismissed or withdrawn, the following rules apply:  (1) If the court in this state has jurisdiction under section 475.523, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 475.523 before the appointment or issuance of the order.  (2) If the court in this state does not have jurisdiction under section 475.523, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.531. Transfer of guardianship or conservatorship to another state.  1. A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.  2. Notice of a petition under subsection 1 of this section shall be given to those persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.  3. On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection 1 of this section.  4. The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:  (1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;  (2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and  (3) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.  5. The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:  (1) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors set forth in subsection 2 of section 475.521;  (2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and  (3) Adequate arrangements will be made for management of the protected person's property.  6. The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:  (1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to section 475.532; and  (2) The documents required to terminate a guardianship or conservatorship in this state. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.532. Accepting guardianship or conservatorship transferred from another state.  1. To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to those in section 475.531, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship. The petition shall include a certified copy of the other state's provisional order of transfer.  2. Notice of a petition under subsection 1 of this section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice shall be given in the same manner as notice is required to be given in this state.  3. On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection 1 of this section.  4. The court shall issue an order provisionally granting a petition filed under subsection 1 of this section unless:  (1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or  (2) The guardian or conservator is ineligible for appointment in this state.  5. The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to section 475.531 transferring the proceeding to this state.  6. Not later than ninety days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.  7. In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.  8. The denial by a court of this state of a petition to accept guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under this chapter if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.541. Registration of guardianship orders.  If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.542. Registration of protective orders.  If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.543. Effect of registration.  1. Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.  2. A court of this state may grant any relief available under sections 475.501 to 475.555 and other law of this state to enforce a registered order. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.544. State law applicability.  Except where inconsistent with sections 475.541, 475.542, and 475.543, the laws of this state relating to the registration and recognition of the acts of a foreign guardian, curator, or conservator contained in sections 475.335 to 475.340 shall be applicable. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.551. Uniformity of application and construction.  In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.552. Relation to Electronic Signatures in Global and National Commerce Act.  Sections 475.501 to 475.555 modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2011   475.555. Effective date.  1. Sections 475.501 to 475.555 apply to guardianship and protective proceedings begun on or after August 28, 2011.  2. Articles 1, 3, 4, and sections 475.551 and 475.552 apply to proceedings begun before August 28, 2011, regardless of whether a guardianship or protective order has been issued. -------- (L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213) 
Effective - 28 Aug 2018   475.600. Citation of law.  Sections 475.600, 475.602, and 475.604 shall be known and may be cited as the "Supporting and Strengthening Families Act". -------- (L. 2018 S.B. 819) 
Effective - 28 Aug 2018   475.602. Delegation to attorney-in-fact, powers  revocation or withdrawal  requirements of delegation.  1. A parent or legal custodian of a child may, by a properly executed power of attorney as provided under section 475.604, delegate to an attorney-in-fact for a period not to exceed one year, except as provided under subsection 7 of this section, any of the powers regarding the care and custody of the child, except the power to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child. A delegation of powers under this section shall not be construed to change or modify any parental or legal rights, obligations, or authority established by an existing court order or deprive the parent or legal custodian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of the child.  2. The parent or legal custodian of the child shall have the authority to revoke or withdraw the power of attorney authorized in subsection 1 of this section at any time. Except as provided in subsection 7 of this section, if the delegation of authority lasts longer than one year, the parent or legal custodian of the child shall execute a new power of attorney for each additional year that the delegation exists. If a parent withdraws or revokes the power of attorney, the child shall be returned to the custody of the parents as soon as reasonably possible.  3. Unless the authority is revoked or withdrawn by the parent or legal custodian, the attorney-in-fact shall exercise parental or legal authority on a continuous basis without compensation for the duration of the power of attorney authorized by subsection 1 of this section and shall not be subject to any statutes dealing with the licensing or regulation of foster care homes.  4. Except as otherwise provided by law, if a parent or legal custodian uses a community service program that offers support services for families in crisis to assist in the delegation of any powers regarding the care and custody of a child by a properly executed power of attorney, then the execution of a power of attorney by such parent or legal custodian as authorized in subsection 1 of this section shall not constitute abandonment as provided in sections 568.030 and 568.032, or abuse or neglect as provided in sections 210.110 and 568.060, unless the parent or legal guardian fails to take custody of the child or execute a new power of attorney after the one-year time limit has elapsed. It shall be a violation of section 453.110 for any parent or legal custodian to execute a power of attorney with the intention of permanently avoiding or divesting himself or herself of parental or legal responsibility for the care of the child.  5. Under a delegation of powers as authorized by subsection 1 of this section, the child or children subject to the power of attorney shall not be considered placed in foster care as otherwise defined in law and the parties shall not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to community care for children.  6. If a parent or legal custodian uses a community service program that offers support services for families in crisis to assist in the delegation of any powers regarding the care and custody of a child by a properly executed power of attorney, then the community service program shall ensure that a background check is completed for the attorney-in-fact and any adult members of his or her household prior to the placement of the child. A community service program shall not place a child or children with an attorney-in-fact when he or she or any adult member of his or her household is found to be on the sex offender registry as established pursuant to sections 589.400 to 589.425, or the child abuse and neglect registry, as established pursuant to section 210.109, or has pled guilty or nolo contendere to or is found guilty of a felony offense under federal or state law. If a community service program has reasonable cause to suspect that a parent or legal custodian is executing a power of attorney under this section with the intention of permanently avoiding or divesting himself or herself of parental or legal responsibility for the care of the child, the community service program shall notify the Missouri children's division within the department of social services, and the division shall conduct an investigation of the parent or legal guardian to determine if there is a violation of section 453.110. A background check performed under this section shall include:  (1) A national and state fingerprint-based criminal history check;  (2) A sex offender registry, as established pursuant to sections 589.400 to 589.425, check; and  (3) A child abuse and neglect registry, as established pursuant to section 210.109, check.  7. A parent or legal custodian who is a member of the Armed Forces of the United States including any reserve component thereof, the commissioned corps of the National Oceanic and Atmospheric Administration, the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Armed Forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty may delegate the powers designated in subsection 1 of this section for a period longer than one year if on active duty service. The term of delegation shall not exceed the term of active duty service plus thirty days.  8. Nothing in this section shall conflict or set aside the preexisting residency requirements under section 167.020. An attorney-in-fact to whom powers are delegated under a power of attorney authorized by this section shall make arrangements to ensure that the child attends classes at an appropriate school. If enrollment is at a public school, attendance shall be based upon residency or waiver of such residency requirements by the school.  9. If enrolled at any school, as soon as reasonably possible upon execution of a power of attorney for the temporary care of a child as authorized under this section, the child's school shall be notified of the existence of the power of attorney and be provided a copy of the power of attorney as well as the contact information for the attorney-in-fact. While the power of attorney is in force, the school shall communicate with both the attorney-in-fact and any parent or legal custodian with parental or legal rights, obligations, or authority regarding the custody, visitation, or support of the child. The school shall also be notified of the expiration, termination, or revocation of the power of attorney as soon as reasonably possible following such expiration, termination, or revocation and shall no longer communicate with the attorney-in-fact regarding the child upon the receipt of such notice.  10. No delegation of powers under this section shall operate to modify a child's eligibility for benefits the child is receiving at the time of the execution of the power of attorney including, but not limited to, eligibility for free or reduced lunch, health care costs, or other social services, except as may be inconsistent with federal or state law governing the relevant program or benefit. -------- (L. 2018 S.B. 819) 
Effective - 28 Aug 2018   475.604. Delegation form, contents.  Any form for the delegation of powers authorized under section 475.602 shall be witnessed by a notary public and contain the following information:  (1) The full name of any child for whom parental and legal authority is being delegated;  (2) The date of birth of any child for whom parental and legal authority is being delegated;  (3) The full name and signature of the attorney-in-fact;  (4) The address and telephone number of the attorney-in-fact;  (5) The full name and signature of the parent or legal guardian;  (6) One of the following statements:  (a) "I delegate to the attorney-in-fact all of my power and authority regarding the care, custody, and property of each minor child named above including, but not limited to, the right to enroll the child in school, inspect and obtain copies of education and other records concerning the child, the right to give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function, or treatment that may concern the child. This delegation shall not include the power or authority to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child."; or  (b) "I delegate to the attorney-in-fact the following specific powers and responsibilities (insert list). This delegation shall not include the power or authority to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child."; and  (7) A description of the time for which the delegation is being made and an acknowledgment that the delegation may be revoked at any time. -------- (L. 2018 S.B. 819)