reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.070 - Legitimation by marriage.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(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.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.080 - Issue of void or dissolved marriage, legitimate.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(RSMo 1939 § 316, A.L. 1955 p. 385 § 243)
Prior revisions: 1929 § 316; 1919 § 313; 1909 § 342
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.090 - Advancements counted against share, when — evaluation.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 01 Jan 1981, see footnote
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.
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(L. 1955 p. 385 § 244, A.L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.100 - Alienage no bar to descent.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(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
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.110 - Curtesy and dower abolished.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(L. 1955 p. 385 § 246)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.120 - Inheritance and statutory rights deemed waived, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(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.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.130 - Estate conveyed determines on failure of contractual bar.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(RSMo 1939 § 336, A.L. 1955 p. 385 § 249)
Prior revisions: 1929 § 336; 1919 § 332; 1909 § 364
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.140 - Inheritance and statutory rights barred on misconduct of spouse.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(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.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.150 - Gifts in fraud of marital rights — presumptions on conveyances.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(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
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.155 - Contract to make will or devise, revoke or not revoke will or devise, or to die intestate, how established.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 01 Jan 1981, see footnote
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.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.160 - Election by surviving spouse to take against will, effect.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• 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.
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(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.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.170 - Notice of right to elect.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(L. 1955 p. 385 § 253, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.180 - Time for making of election.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• 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.
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(L. 1955 p. 385 § 254, A.L. 1957 p. 829)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.190 - Form of election, filing.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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)
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(L. 1955 p. 385 § 255, A.L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.200 - Right of election personal to surviving spouse.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(L. 1955 p. 385 § 256, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.220 - Waiver of right to elect.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(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.
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(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.
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 01 Jan 1981, see footnote
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.
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(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.
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 01 Jan 1981, see footnote
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.
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(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.).
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• Effective - 23 May 1996, see footnote
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.
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(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
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• Effective - 23 May 1996, see footnote
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.
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(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
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(RSMo 1939 § 108, A.L. 1955 p. 385 § 136, A.L. 1957 p. 829)
Prior revisions: 1929 § 109; 1919 § 108; 1909 § 117
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• 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.
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(RSMo 1939 § 109, A.L. 1955 p. 385 § 137, A.L. 1957 p. 829)
Prior revisions: 1929 § 110; 1919 § 109; 1909 § 118
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• Effective - 01 Jan 1981, see footnote
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.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(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.
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(L. 1955 p. 385 § 261, A.L. 1999 H.B. 136 merged with S.B. 271)
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• 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.
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(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.
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(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.
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 23 May 1996, see footnote
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.
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(L. 1980 S.B. 637, A.L. 1996 S.B. 494)
Effective 5-23-96
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• Effective - 12 Jun 1991, see footnote
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.
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(L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1991 S.B. 358)
Effective 6-12-91
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• 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.
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(L. 1955 p. 385 § 263)
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 28 Aug 1955
474.350. Revocation of nuncupative will. —
A nuncupative will or any part thereof can be revoked by another nuncupative will.
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(L. 1955 p. 385 § 264)
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 01 Jan 1981, 2 histories, see footnote
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.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 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.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(RSMo 1939 § 552, A.L. 1955 p. 385 § 266)
Prior revisions: 1929 § 551; 1919 § 539; 1909 § 568
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.380 - Probate of foreign wills.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• 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.
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(RSMo 1939 § 553, A.L. 1955 p. 385 § 267)
Prior revisions: 1929 § 552; 1919 § 540
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.382 - Wills and trusts, English translation required, costs.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(L. 1998 S.B. 583 & 645 § 5)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.390 - Contest of foreign will.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
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.
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(RSMo 1939 § 554, A.L. 1955 p. 385 § 268)
Prior revisions: 1929 § 553; 1919 § 541; 1909 § 569