reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.430 - Disclosure to personal representative of user's estate, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• 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.
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(L. 2018 H.B. 1250)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.435 - Catalogue of electronic communications disclosed to personal representative, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• 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.
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(L. 2018 H.B. 1250)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.440 - Disclosure to agent, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• 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.
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(L. 2018 H.B. 1250)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.445 - Catalogue of electronic communications, disclosure to agent, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• 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.
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(L. 2018 H.B. 1250)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.450 - Disclosures to trustee.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• 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.
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(L. 2018 H.B. 1250)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.455 - Content of electronic communication, disclosure to trustee, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• 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.
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(L. 2018 H.B. 1250)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.460 - Catalogue of electronic communications, disclosure to trustee, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• 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.
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(L. 2018 H.B. 1250)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.465 - Conservator access, opportunity for hearing — disclosures to conservator, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• 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.
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(L. 2018 H.B. 1250)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.475 - Time period to comply with disclosure requests — denial of request — court order for disclosure or termination — immunity from liability, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• 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.
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(L. 2018 H.B. 1250)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.480 - Construction of act, considerations.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• 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.
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(L. 2018 H.B. 1250)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.485 - Certain federal laws, act's impact on.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• 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).
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(L. 2018 H.B. 1250)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.490 - Severability clause.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• 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.
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(L. 2018 H.B. 1250)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.010 - Venue.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
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.
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(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.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.013 - Character of proceeding — jurisdiction of court.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
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.
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(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.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.017 - Application for letters — content.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
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.
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(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)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.023 - Court or clerk to grant letters.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 02 Jan 1979, see footnote
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.
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(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
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.030 - Request for special notice of hearings.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
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.
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(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.)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.037 - Successor need not publish notice, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
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.
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(RSMo 1939 § 79, A.L. 1955 p. 385 § 38)
Prior revisions: 1929 § 79; 1919 § 78; 1909 § 86
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.040 - Notice where there are no known heirs.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
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.
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(RSMo 1939 § 80, A.L. 1955 p. 385 § 39)
Prior revisions: 1929 § 80; 1919 § 79; 1909 § 87
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.043 - Will of decedent, where delivered — wills found in safe deposit boxes, how delivered — refusal to deliver, how handled.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 02 Jan 1979, see footnote
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.
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(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
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.047 - Certificate of probate or rejection.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• 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.
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(RSMo 1939 § 532, A.L. 1955 p. 385 § 41)
Prior revisions: 1929 § 531; 1919 § 519; 1909 § 549
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.053 - Testimony of subscribing witnesses, other evidence.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
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.
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(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)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.057 - Commission for testimony of nonattendant witness.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 02 Jan 1979, see footnote
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.
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(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
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.060 - Testimony before officer, effect.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
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.
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(RSMo 1939 § 534, A.L. 1955 p. 385 § 45, A.L. 1961 p. 653)
Prior revisions: 1929 § 533; 1919 § 521; 1909 § 551
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.063 - Testimony to be recorded — record as evidence.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
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.
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(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
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.065 - Probate of will, when — procedure for contest.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
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.
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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 473 - Probate Code — Administration of Decedents' Estates › Section 473.067 - Proof of nuncupative wills.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 28 Aug 1955
473.067. Proof of nuncupative wills. —
Proof of nuncupative wills is subject to the requirements of section 474.340.
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(L. 1955 p. 385 § 47)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.070 - Heirs, time limits to establish interest in estate — posthumous heirs in gestation, mother has right to file action — time limitations.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 23 May 1996, see footnote
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.
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(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).
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.073 - Proof required for probate and grant of administration.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• 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.
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(L. 1955 p. 385 § 49, A.L. 1961 p. 653)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.077 - Proceedings reopened, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
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.
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(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.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.080 - Certificate of probate, contents — evidence.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
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.
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(L. 1955 p. 385 § 51)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.081 - Probate of portion of will.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
Effective - 01 Jan 1981, see footnote
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.
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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 473 - Probate Code — Administration of Decedents' Estates › Section 473.084 - Compromise of controversy as to probate, when binding.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 01 Jan 1981, see footnote
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.
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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 473 - Probate Code — Administration of Decedents' Estates › Section 473.085 - Court approval of compromise, procedure for securing.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• 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.
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(L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.087 - Will not effective until probated.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• 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.
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(L. 1955 p. 385 § 53)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.091 - Clerk's duties as to certain forms — not practice of law.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 10 Jun 1981, see footnote
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.
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(L. 1980 S.B. 637, A.L. 1981 S.B. 117)
Effective 6-10-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 473 - Probate Code — Administration of Decedents' Estates › Section 473.092 - Court may order administration previously commenced pursuant to guardianship law, dispensed with, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 473
• Effective - 23 May 1996, see footnote
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.
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(L. 1996 S.B. 494)
Effective 5-23-96