reglab/housing_qa huggingface dataset:
MO Rev Stat § 474.230 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.230 - Effect of failure to elect to take against will.

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.
MO Rev Stat § 474.235 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.235 - Share of omitted spouse.

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.
MO Rev Stat § 474.240 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.240 - Share of omitted children, how determined.

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.).
MO Rev Stat § 474.250 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.250 - Exempt property of surviving spouse or minor children.

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
MO Rev Stat § 474.260 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.260 - One year support allowance, property in lieu thereof — allowance exempt from all claims.

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
MO Rev Stat § 474.270 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.270 - Exempt property applied for, when.

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
MO Rev Stat § 474.280 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.280 - Proceeds of sale of exempt property paid over, when.

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
MO Rev Stat § 474.293 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.293 - Provision of family allowance by independent personal representative — limitations — relief by court.

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
MO Rev Stat § 474.300 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.300 - Effect of death of spouse or child or marriage of minor on family and homestead allowances.

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.
MO Rev Stat § 474.310 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.310 - Who may make will.

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)
MO Rev Stat § 474.320 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.320 - Will form, execution, attestation.

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.
MO Rev Stat § 474.330 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.330 - Who may witness will — effect of interest in will.

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.
MO Rev Stat § 474.333 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.333 - Will may provide for disposal of personal property by separate list.

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
MO Rev Stat § 474.337 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.337 - Written will self-proved, how.

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
MO Rev Stat § 474.340 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.340 - Nuncupative wills.

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)
MO Rev Stat § 474.350 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.350 - Revocation of nuncupative will.

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)
MO Rev Stat § 474.360 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.360 - Written will valid if executed in compliance with law.

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
MO Rev Stat § 474.370 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.370 - Foreign wills, recorded when, evidence.

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