reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 471 - Uniform Simultaneous Death Law › Section 471.030 - Joint tenants or tenants by entirety.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 471
Effective - 28 Aug 1959
471.030. Joint tenants or tenants by entirety. —
Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants. The term
"joint tenants"
includes owners of property held under circumstances which entitled one or more to the whole of the property on the death of the other or others.
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(L. 1947 V. I p. 13 § 3, A.L. 1959 S.B. 120)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 471 - Uniform Simultaneous Death Law › Section 471.040 - Insurance policies.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 471
Effective - 28 Aug 1959
471.040. Insurance policies. —
Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
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(L. 1947 V. I p. 13 § 4, A.L. 1959 S.B. 120)
(1963) Evidence sufficient to support finding that beneficiary survived insured after both were fatally injured in same automobile accident. Prudential Ins. Co. of America v. Sutton (A.), 368 S.W.2d 522.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 471 - Uniform Simultaneous Death Law › Section 471.050 - Law not retroactive.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 471
Effective - 28 Aug 1947
471.050. Law not retroactive. —
This law shall not apply to the distribution of the property of a person who has died before it takes effect.
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(L. 1947 V. I p. 13 § 5)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 471 - Uniform Simultaneous Death Law › Section 471.060 - Law does not apply if decedent provides otherwise.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 471
Effective - 28 Aug 1959
471.060. Law does not apply if decedent provides otherwise. —
This law shall not apply in the case of wills, living trusts, deeds or contracts of insurance or any other situation where provision is made for distribution of property different from the provisions of this law, or where provision is made for a presumption as to survivorship which results in a distribution of property different from that here provided.
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(L. 1947 V. I p. 13 § 6, A.L. 1959 S.B. 120)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 471 - Uniform Simultaneous Death Law › Section 471.070 - Uniformity of interpretation.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 471
Effective - 28 Aug 1947
471.070. Uniformity of interpretation. —
This law shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.
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(L. 1947 V. I p. 13 § 7)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 471 - Uniform Simultaneous Death Law › Section 471.080 - Short title.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 471
Effective - 28 Aug 1947
471.080. Short title. —
This law may be cited as "The Uniform Simultaneous Death Law".
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(L. 1947 V. I p. 13 § 8)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.005 - Application, when — effect on pending proceedings and rights.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 01 Jan 1981, see footnote
472.005. Application, when — effect on pending proceedings and rights. —
This act
*
shall apply to the estates of persons whose deaths occur on or after January 1, 1981. The procedures herein prescribed shall govern all proceedings in probate then pending, except to the extent that, in the opinion of the court, their application in particular proceedings or parts thereof would not be feasible or would work injustice, in which event the former procedure shall apply. No act done in any proceeding commenced before January 1, 1981, and no accrued right shall be impaired by its provisions. When a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provision of any statute in force before this act
*
takes effect, such provision shall remain in force and be deemed a part of the probate code with respect to such right except as otherwise provided therein.
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(L. 1980 S.B. 637)
Effective 1-01-81
*This act was known as the "Probate Code", which includes chapters 472, 473 and 474.
(1955) Will construed and words "descendants of a deceased child" of testator held to include an adopted child of testator's deceased son. Hayes v. St. Louis Union Trust Co. (Mo.), 280 S.W.2d 649.
(1958) Devise of undivided one-half interest in realty to testator's son for life and at his death to his children absolutely but if he should die without issue living then to other son for life and at his death to other son's "heirs at law" was construed according to statute of descent and distribution in effect when second life tenant died rather than statute in effect at execution of will and testator's death and thus widow of second life tenant took one-half of the undivided one-half interest against contention that testator indicated intent that land go to his descendants. Thomas v. Higginbotham (Mo.), 318 S.W.2d 234.
(1959) Evidence held to establish domicile in state of Louisiana by prior resident of this state who had died, for the purpose of determining where his estate should be dispersed. In re Toler's Estate (Mo.), 325 S.W.2d 755.
(1965) As used in subsection 2 of § 475.320, the word "debts" is the substantial equivalent of "claims", which is defined in this section, subdivision (4), as including liabilities of the decedent which survive whether arising in contract or in tort or otherwise, funeral expenses, the expense of a tombstone and costs, and expenses of administrator. State v. Hollenbeck (A.), 394 S.W.2d 82.
(1974) Provision in will that executor gave to pastor of a named church a sum for masses to be said entitled the pastor to receive as a gift personal property and he was a "legatee" and a necessary party to suit to set aside will. Kane v. Mercantile Trust Co. National Association (Mo.), 513 S.W.2d 362.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.013 - Fraud under probate code — remedy — procedure.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• Effective - 01 Jan 1981, see footnote
472.013. Fraud under probate code — remedy — procedure. —
Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code, or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person, other than a bona fide purchaser, benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than ten years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.
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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 472 - Probate Code — General Provisions › Section 472.020 - Jurisdiction of probate division of circuit court.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• Effective - 28 Aug 1983
472.020. Jurisdiction of probate division of circuit court. —
The probate division of the circuit court may hear and determine all matters pertaining to probate business, to granting letters testamentary and of administration, the appointment of guardians and conservators of minors and incapacitated and disabled persons, settling the accounts of personal representatives and conservators, and the sale or leasing of lands by personal representatives and conservators, including jurisdiction of the construction of wills as an incident to the administration of estates, of the determination of heirship, of the administration of testamentary and inter vivos trusts, of disability and incapacity proceedings as provided by law and of such other probate business as may be prescribed by law.
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(RSMo 1939 § 2437, A.L. 1955 p. 385 § 3, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 2406; 1919 § 2542; 1909 § 4056
(1959) Court stated "the General Assembly, in its representative capacity, is free to exercise all the primary power of the people in conferring such uniform equitable jurisdiction" referring to jurisdiction in "matters pertaining to probate business". North v. Hawkinson (Mo.), 324 S.W.2d 733.
(1962) Judgment of trial court ordering writ of mandamus to compel probate judge to assume jurisdiction of testamentary trust reversed and supreme court refused to rule on constitutionality of provision conferring jurisdiction of testamentary trusts on probate court where record did not show facts sufficient to present issues for determination. State v. Bradley (Mo.), 358 S.W.2d 38.
(1964) Appointment by probate court of successor trustee of testamentary trust held void and sections 472.020 and 456.225 declared unconstitutional insofar as they purport to grant jurisdiction over testamentary trusts to the probate court. First National Bank of Kansas City v. Mercantile B. & T. Co. (Mo.), 376 S.W.2d 164.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.025 - State may be party to proceedings — service.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 01 Jan 1981, see footnote
472.025. State may be party to proceedings — service. —
Proceedings may be conducted under section 473.083 or any other section of chapters 472 and 473 when the state of Missouri or any department or agency thereof is a necessary or proper party defendant or interested therein, directly or indirectly, as devisee, claimant by way of escheat, claimant as creditor, or otherwise. Service of process and notices upon the state of Missouri or any department or agency thereof may be made by delivery to the prosecuting attorney of the county.
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(L. 1967 p. 639 § 1, 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 472 - Probate Code — General Provisions › Section 472.030 - Powers of court — executions, when returnable — service of process.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 01 Jan 1981, see footnote
472.030. Powers of court — executions, when returnable — service of process. —
The probate division of the circuit court has the same legal and equitable powers to effectuate and to enforce its orders, judgments and decrees in probate matters as circuit judges have in other matters and its executions shall be governed by chapter 513 and the applicable supreme court rule, except that all executions shall be returnable within thirty days unless otherwise ordered by the court. All process of the court may be served anywhere within the territorial limits of the state.
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(L. 1955 p. 385 § 4, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)
Effective 1-01-81
(1961) This section is not a grant to probate courts of jurisdiction in purely equitable matters. Whatever equitable powers a probate court may exercise by virtue of this section must be employed in the discharge of its jurisdiction in probate matters. Stark v. Moffit (A.), 352 S.W.2d 165.
(1964) Where deceased, collecting agent of gas company, wrongfully deposited collections in his personal account, deposit created trust fund for benefit of gas company and the tracing of collections into the bank account was a proper exercise of equitable powers by the probate court. In re Meyers' Estate (Mo.), 376 S.W.2d 219.
(1987) Order granting special notice of probate hearings to interested person pursuant to this section was not subject to interlocutory appeal. Cordes v. Caldwell, 731 S.W.2d 463 (Mo.App.)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.040 - Costs.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 02 Jan 1979, see footnote
472.040. Costs. —
In all suits and other proceedings in the probate division of the circuit court, the party prevailing shall recover his costs against the other party, except in those cases in which a different provision is made by law. Whenever costs are given against executors and administrators, the estate shall pay the costs. Parties presenting claims against estates, for the same causes and in the same manner, may be ruled to give security for costs, as is provided in practice in civil cases.
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(RSMo 1939 § 203, A.L. 1955 p. 385 § 5, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 204; 1919 § 203; 1909 § 212
Effective 1-02-79
CROSS REFERENCE:
Probate fees, 483.580
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.050 - Court open, when — sessions — time for acts.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 02 Jan 1979, see footnote
472.050. Court open, when — sessions — time for acts. —
The court shall be open for the transaction of probate business at all reasonable hours. The judge of the probate division of circuit court may by order provide for the holding of sessions of the court at regular recurring times for the purpose of hearing claims, settlements and other matters but no such order shall prohibit the hearing and determination of any proceeding before the court at any time when necessary to promote the ends of justice nor shall such order be inconsistent with rules of court. If the last day on which any act is required to be performed in the court falls on any day on which the court is not open the same shall be performed on the next succeeding day on which the court is open.
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(L. 1955 p. 385 § 6, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.060 - Disqualification of judge.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 28 Aug 2005
472.060. Disqualification of judge. —
No judge of probate shall sit in a case in which the judge is interested, or in which the judge is biased or prejudiced against any interested party, or in which the judge has been counsel or a material witness, or when the judge is related to either party, or in the determination of any cause or proceeding in the administration and settlement of any estate of which the judge has been personal representative, conservator, or guardian, when any party in interest objects in writing, verified by affidavit; and when the objections are made, the cause shall be transferred to another judge, in accordance with the provisions of section 478.255, who shall hear and determine same; and the clerk of the circuit court or division clerk shall deliver to the probate division of the circuit court a full and complete transcript of the judgment, order or decree made in the cause, which shall be kept with the papers in the office pertaining to such cause.
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(RSMo 1939 § 2444, A.L. 1955 p. 385 § 7, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2005 S.B. 420 & 344)
Prior revisions: 1929 § 2053; 1919 § 2549; 1909 § 4063
(1980) The power to disqualify a judge as to any further proceedings with an estate is to be liberally construed and will apply to all pending matters to preclude the judge from resuming jurisdiction. State ex rel. Campbell v. Kohn (A.), 606 S.W.2d 399.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.070 - Powers of clerk.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• Effective - 02 Jan 1979, see footnote
472.070. Powers of clerk. —
1. The clerk of the probate division may take acknowledgments, administer oaths, and certify and authenticate copies of instruments, documents and records of the court, and perform the usual functions of his office.
2. Subject to control of the judge of the probate division, the clerk of the probate division may issue notices and make all necessary orders for the hearing of any petition or other matter to be heard in the court.
3. If a matter is not contested, the clerk may hear and determine it and make all orders, judgments and decrees in connection therewith which the judge could make, subject to be set aside or modified by the judge at any time within thirty days thereafter; but if not set aside or modified, the orders, judgments and decrees made by the clerk shall have the same effect as if made by the judge.
4. The judge may act as clerk ex officio, whenever the business of the court requires.
5. A seal is authorized for the probate division of the circuit court which shall be kept in the custody of the judge or the clerk of the probate division.
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(L. 1955 p. 385 § 8, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.075 - Clerk and certain personnel of probate division to be appointed by judge (St. Louis City).

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 28 Aug 2004
472.075. Clerk and certain personnel of probate division to be appointed by judge (St. Louis City). —
The clerk and other nonjudicial personnel of the probate division of circuit courts of any city not within a county shall be appointed by the judge of the probate division with the consent of the court en banc, unless otherwise provided by local court rule.
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(L. 2004 S.B. 1211)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.080 - Documents filed with court, form — content.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 01 Jan 1981, see footnote
472.080. Documents filed with court, form — content. —
1. Except as otherwise specifically provided in this code or by supreme court rule, every document filed with the court under this code, including but not limited to applications, petitions, claims, and demands for notice, shall be signed by or on behalf of the petitioner or claimant, and shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration.
2. No defect of form or substance in any document invalidates any proceedings after judgment on the document.
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(L. 1955 p. 385 § 9, 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 472 - Probate Code — General Provisions › Section 472.090 - Objections to petition, form.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 28 Aug 1955
472.090. Objections to petition, form. —
Any interested person, on or before the day set for hearing, may file written objections to a petition previously filed, and, upon special order or general rule of the court, objections to a petition shall be filed in writing as a prerequisite of being heard by the court.
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(L. 1955 p. 385 § 10)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.110 - Proof of service.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• Effective - 01 Jan 1981, see footnote
472.110. Proof of service. —
Proof of service in all cases requiring notice whether by publication, mailing or otherwise, shall be filed before the hearing. Service made by a private person shall be proved by the affidavit of the person or by acknowledgment of service; service made by the clerk, sheriff or other official shall be proved by certificate or return of service. Proof of service by publication shall be made in the form of the affidavit prescribed by section 493.060. In the case of service by registered or certified mail, where the court requires a return receipt, the return receipt shall be attached to the proof of service if a receipt has been received; if no receipt has been received, or in case a notice served by ordinary mail is returned to the sender, the court may, in its discretion, order further service on the party.
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(L. 1955 p. 385 § 12, A.L. 1957 p. 829, 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 472 - Probate Code — General Provisions › Section 472.120 - Amendment of proof of service.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 28 Aug 1955
472.120. Amendment of proof of service. —
At any time in its discretion and upon such terms as it deems just, the court may allow any process, return or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.
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(L. 1955 p. 385 § 12A)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.130 - Waiver of notice.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 28 Aug 1983
472.130. Waiver of notice. —
Any person legally competent may in person or by attorney waive in writing any notice required by this code or by rule or order of court. A personal representative may make waiver either in person or by attorney. A guardian of the estate, conservator, or a guardian ad litem may make a waiver on behalf of his protectee or ward, and a trustee may make a waiver on behalf of the trust. A consul or other representative of a foreign government, whose appearance has been entered as provided by law on behalf of any person residing in a foreign country, may make waiver of notice on behalf of such person. Any person who submits to the jurisdiction of the court in any hearing waives notice thereof.
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(L. 1955 p. 385 § 14, 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 472 - Probate Code — General Provisions › Section 472.135 - Waiver of legal requirements, when — limitation on waiver.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 01 Jan 1981, see footnote
472.135. Waiver of legal requirements, when — limitation on waiver. —
Any heir, devisee, or the guardian or conservator of any heir or devisee under disability then interested in the estate may waive, in writing, any requirement imposed upon the personal representative by the provisions of chapter 472, 473, or 474 of this code; provided, that such waiver does not adversely affect the rights of creditors or other persons interested in the estate.
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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 472 - Probate Code — General Provisions › Section 472.140 - Record kept — adversary probate proceeding defined.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 28 Aug 1986
472.140. Record kept — adversary probate proceeding defined. —
1. A record shall be kept in any adversary probate proceeding in a probate division of the circuit court. At the discretion of the judge, but in compliance with the rules of the supreme court, the record may be a stenographic record or one made by the utilization of electronic, magnetic, or mechanical sound or video recording devices.
2.
"Adversary probate proceeding"
as used in this section and in section 472.141 means any proceeding brought pursuant to any provision of chapters 472, 473, 474, and 475 which requires, as a condition precedent to an entry of an order or judgment on the merits, notice of hearing to persons interested in the proceeding, except that proceedings to sell real property or to make final settlement and except that notices that letters have been granted, for unknown heirs, to file interim settlements, of the right of the surviving spouse to elect to take against the will and in guardianship estates in which the Veterans Administration is a party in interest as to petitions by the conservator to disburse funds and as to settlements of conservators shall not be deemed to be adversary unless and until an interested person files objections to the action proposed or the account stated. An "adversary probate proceeding" shall also mean any other probate proceeding determined by the judge of the probate division to be an adversary proceeding.
3. The judge on his motion, or on the request of an interested person, may direct the keeping of a record of any hearing in a probate proceeding. The judge in his discretion may require the party requesting the record to give security for the payment of the costs thereof and may assess the costs of making the record against any party to the proceedings.
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(L. 1955 p. 385 § 15, A.L. 1978 H.B. 1634, A.L. 1986 H.B. 1297)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.141 - Proceedings to be conducted in accordance with rules of procedure — order after action commenced.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• Effective - 28 Aug 1986
472.141. Proceedings to be conducted in accordance with rules of procedure — order after action commenced. —
1. An adversary probate proceeding shall be governed by the civil code of Missouri and the rules of civil procedure; except that:
(1) Where the probate code or any other statute contains a provision prescribing practice, procedure or pleading, applicable to the pending proceeding, the provisions of the probate code or such statutes shall govern; and
(2) The provisions of chapter 509 and civil rule 55 shall not apply unless specifically made applicable by a provision in the probate code or unless the court enters an order designating all or specific provisions of chapter 509 or civil rule 55 applicable to a particular adversary probate proceeding.
2. If a proceeding is already commenced when the court determines it to be adversary, the court may, on its own motion or on motion of any interested person, enter an order specifying the appropriate provisions of chapter 509 or civil rule 55, which shall govern the proceeding.
3. The civil code of Missouri and the rules of civil procedure shall govern all other actions or proceedings which may be heard by a judge of the probate division pursuant to assignment or otherwise, except as otherwise provided by law.
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(L. 1978 H.B. 1634, A.L. 1986 H.B. 1297)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.150 - Vacation and modification of judgments.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• Effective - 28 Aug 1955
472.150. Vacation and modification of judgments. —
For good cause, before the expiration of the period allowed for appeal after the order of final distribution of the administration of the estate of a decedent or ward, the court may vacate or modify its orders, judgments and decrees, or grant a rehearing therein, except that no such power shall exist as to any orders, judgments or decrees from which an appeal has been taken, prior to a final disposition thereof on such appeal, or to set aside the probate of a will after the time allowed for contest thereof. No vacation or modification under this section affects any act done or any right acquired in reliance on any such order, judgment or decree.
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(L. 1955 p. 385 § 16)
(1957) Motion to cancel and revoke letters of administration held direct and not collateral attack on order granting same in view of this section. In re Estate of Dugan (A.), 309 S.W.2d 137.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.170 - Appeals from orders as to mental condition — procedure — operates as supersedeas, when — appointment of guardian — review.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 28 Aug 1983
472.170. Appeals from orders as to mental condition — procedure — operates as supersedeas, when — appointment of guardian — review. —
1. Appeals shall be allowed from the probate division of the circuit court to the appropriate appellate court in any case in which a final adjudication in an investigation of the mental condition of any person alleged to be disabled, incapacitated, or mentally ill has been made. The appeal may be made by the petitioner who applied for such adjudication, or by the person alleged to be disabled, incapacitated, or mentally ill, or by any relative of such person, or by any reputable citizen of the county in which the hearing occurred, or by an attorney for any of the foregoing persons. Such an appeal shall not operate as a supersedeas pending the determination of such appeal of any such adjudication or any order or judgment of the probate division based upon such adjudication except to the extent it is specifically provided by the probate division in an order entered at the time of or after the notice of appeal has been filed. The probate division shall in such order allow supersedeas of any order or judgment of commitment or confinement of such person unless it is found that such person by reason of his mental condition is so far disordered in his mind as to endanger his own person or the person or property of others; and the probate division may, in its discretion, allow supersedeas of such adjudication and other orders and judgments of the probate division based thereon, in whole or in part.
2. If the probate division of the circuit court finds that the alleged disabled person is incapable of managing his affairs and refuses to allow supersedeas, the probate division of the circuit court may appoint a guardian ad litem to collect, protect, and preserve the alleged disabled person's assets and, on order of the circuit court, disburse funds for the necessary support and maintenance of the alleged disabled person and those members of his family who are dependent upon him. The appointment of the guardian ad litem as well as the decision of the probate division of the circuit court as to supersedeas may be reviewed by the appellate court on motion by an interested party at any time after the notice of appeal has been filed.
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(RSMo 1939 § 284, A.L. 1955 p. 385 § 18, A.L. 1965 p. 632, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)
Prior revision: 1929 § 285
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.180 - Time for appeal.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 02 Jan 1979, see footnote
472.180. Time for appeal. —
All appeals shall be taken within the time prescribed by the rules of civil procedure relating to appeals.
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(RSMo 1939 § 285, A.L. 1955 p. 385 § 21, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 286; 1919 § 283; 1909 § 290
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.190 - Appeals stayed or consolidated, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 02 Jan 1979, see footnote
472.190. Appeals stayed or consolidated, when. —
When an appeal is taken from any appealable order, judgment or decree in the administration of a decedent's estate, made prior to the decree of final settlement and distribution, the probate division of the circuit court, in its discretion, and if no person is prejudiced thereby, may order that the appeal be stayed until the decree of final distribution is made and that the appeal be heard only as a part of any appeal which may be taken from the decree of final settlement and distribution. This section does not apply to guardianships.
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(L. 1955 p. 385 § 19, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.210 - Appeals, procedure.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 02 Jan 1979, see footnote
472.210. Appeals, procedure. —
Appeals shall be taken in accordance with the rules of civil procedure relating to appeals.
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(RSMo 1939 § 286, A.L. 1955 p. 385 § 22, A.L. 1965 p. 633, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 287; 1919 § 284; 1909 § 291
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.290 - Rules of evidence to apply — exceptions — specific rules.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• Effective - 01 Jan 1981, see footnote
472.290. Rules of evidence to apply — exceptions — specific rules. —
In proceedings under this code the rules of evidence in circuit courts, including any relating to simultaneous deaths, are applicable unless specifically displaced by the code. In addition, the following rules relating to determination of death and status are applicable:
(1) A certified or authenticated copy of a death certificate issued by an official or agency of the place where the death occurred is prima facie proof of the fact, place, date, time of death, and the identity of the decedent;
(2) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence, sufficient to support a judicial finding, of the status and of the dates, circumstances, and places disclosed by the record or report;
(3) A person who is absent for a continuous period of five years, during which time he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
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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 472 - Probate Code — General Provisions › Section 472.320 - Independent administration of decedents' estates — application of probate code.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 01 Jan 1981, see footnote
472.320. Independent administration of decedents' estates — application of probate code. —
The relevant provisions of chapters 472 through 474 apply to independent administration of decedents' estates to the extent that they are not inconsistent with sections 473.780 to 473.843 and 474.293.
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(L. 1980 S.B. 634)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.330 - Approval of act or transaction in best interests of estate.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 28 Aug 1993
472.330. Approval of act or transaction in best interests of estate. —
Notwithstanding any other provision of this chapter, chapter 473, chapter 474, and chapter 475 to the contrary, upon a finding that an act or transaction was or is in the best interest of the estate, the court may approve, ratify, confirm and validate any act or transaction performed by the personal representative of the estate, without court authorization which the court would have had power under this chapter, chapter 473, and chapter 474 to authorize the personal representative to conduct.
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(L. 1993 S.B. 88 § 2)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.335 - Power of court to confirm and validate acts — acts included.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
Effective - 28 Aug 2009
472.335. Power of court to confirm and validate acts — acts included. —
The power of the court to approve, ratify, confirm and validate acts or transactions entered into by a personal representative of the estate without court authorization includes, without limitation, retention of real or personal property, compromises of claims by and against the estate, purchases, sales, mortgages, exchanges, abandonment, leases of any duration, improvements, contracts to improve, contracts to sell, contracts to purchase, and contracts to exchange and grants of options, easements, profits or other rights with respect to land or other property. It also includes, without limitation, payment of a mortgage indebtedness on the real estate of the decedent out of the personal estate and purchase of real estate at a sale made under a mortgage, deed of trust, vendor's lien or other lien held by the decedent.
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(L. 1993 S.B. 88 § 3, A.L. 2009 H.B. 239)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 472 - Probate Code — General Provisions › Section 472.400 - Citation of law.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• Effective - 28 Aug 2018
472.400. Citation of law. —
Sections 472.400 to 472.490 shall be known and may be cited as the "Missouri Fiduciary Access to Digital Assets Act".
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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 472.410 - Applicability.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• Effective - 28 Aug 2018
472.410. Applicability. —
1. Sections 472.400 to 472.490 shall apply to:
(1) A fiduciary or agent acting under a will or power of attorney executed before, on, or after August 28, 2018;
(2) A personal representative acting for a decedent who dies before, on, or after August 28, 2018;
(3) A conservatorship proceeding commenced before, on, or after August 28, 2018; and
(4) A trustee acting under a trust created before, on, or after August 28, 2018.
2. Sections 472.400 to 472.490 shall apply to a custodian if the user resides in this state or resided in this state at the time of the user's death.
3. Sections 472.400 to 472.490 shall not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
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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 472.415 - Disclosure of digital assets, use of online tool to direct custodian — use of will, trust, power of attorney to give direction.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• Effective - 28 Aug 2018
472.415. Disclosure of digital assets, use of online tool to direct custodian — use of will, trust, power of attorney to give direction. —
1. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
2. If a user has not used an online tool to give direction under subsection 1 of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
3. A user's direction under subsection 1 or 2 of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms-of-service.
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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 472.420 - Terms-of-service agreement, act not to change or impair access — act does not confer expanded rights — effect of federal law.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• Effective - 28 Aug 2018
472.420. Terms-of-service agreement, act not to change or impair access — act does not confer expanded rights — effect of federal law. —
1. Sections 472.400 to 472.490 shall not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
2. Sections 472.400 to 472.490 shall not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
3. A fiduciary's or a designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under section 472.415.
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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 472.425 - Authority of custodian — assessment of cost — partial disclosure, authority of custodian — undue burden, court order.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 472
• Effective - 28 Aug 2018
472.425. Authority of custodian — assessment of cost — partial disclosure, authority of custodian — undue burden, court order. —
1. When disclosing digital assets of a user under sections 472.400 to 472.490, the custodian may at its sole discretion:
(1) Grant a fiduciary or designated recipient full access to the user's account;
(2) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(3) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
2. A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under sections 472.400 to 472.490.
3. A custodian shall not disclose under sections 472.400 to 472.490 a digital asset deleted by a user.
4. If a user directs or a fiduciary requests a custodian to disclose under sections 472.400 to 472.490 some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
(1) A subset limited by date of the user's digital assets;
(2) All of the user's digital assets to the fiduciary or designated recipient;
(3) None of the user's digital assets; or
(4) All of the user's digital assets to the court for review in camera.
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(L. 2018 H.B. 1250)