reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.395 - No-contest clauses, application of, petition may be filed — definition.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 28 Aug 2014
474.395. No-contest clauses, application of, petition may be filed — definition. —
1. If a will contains a no-contest clause, an interested person may file a petition with the court for a determination whether a particular motion, petition, action, or other claim for relief by the interested person would trigger application of the no-contest clause or would otherwise trigger a forfeiture that is enforceable under applicable law and public policy, which application would be adjudicated in the manner prescribed in section 456.4-420, and subject to the provisions set forth therein.
2. For purposes of this section, a
"no-contest clause"
shall mean a provision in a will purporting to rescind a donative transfer to, or a fiduciary appointment of, any person who institutes a proceeding challenging the validity of all or part of the will, or that otherwise effects a forfeiture of some or all of an interested person's beneficial interest in the estate as a result of some action taken by the beneficiary. This definition shall not be construed in any way as determining whether a no-contest clause is enforceable under applicable law and public policy in a particular factual situation. As used in this section, the term "no-contest clause" shall also mean an "in terrorem clause".
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(L. 2014 H.B. 1231 merged with S.B. 500 merged with S.B. 621)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.400 - Revocation of wills.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• Effective - 28 Aug 1955
474.400. Revocation of wills. —
No will in writing, except in the cases herein mentioned, nor any part thereof, shall be revoked, except by a subsequent will in writing, or by burning, cancelling, tearing or obliterating the same, by the testator, or in his presence, and by his consent and direction.
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(RSMo 1939 § 521, A.L. 1955 p. 385 § 269)
Prior revisions: 1929 § 520; 1919 § 508; 1909 § 538
(1961) In proceeding to contest will on ground proposed will had been revoked by later will, the burden was on the contestants to show execution of later will and that it either expressly revoked the proposed will or that its provisions were so inconsistent with the prior will as to revoke the former will by implication. Yates v. Jeans (A.), 345 S.W.2d 657.
(1974) Subsequent to execution and attestation of will testator wrote "nine" over word "ten" and wrote "9" over figure "10" and marked through and circled name of one of the distributees of the remaining nine-tenths of his estate intending to eliminate such person as a distributee. Court held that effect of alterations would be to increase portions of other distributees as well as to revoke share of the distributee whose name was stricken and that such changes constituted a new and distinct testamentary disposition which, since not attested, were not legally effective and, applying doctrine of dependent relative revocation, no revocation was had and will remained in effect as originally written. Oliver v. Union National Bank of Springfield (A.), 504 S.W.2d 647.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.410 - Revocation of subsequent will also revokes first will — exception.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 01 Jan 1981, see footnote
474.410. Revocation of subsequent will also revokes first will — exception. —
1. If a second will, which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under section 474.400, the first will is revoked in whole or in part, unless it is evident from the circumstances of the revocation of the second will or from testator's contemporary or subsequent declarations that he intended the first will to take effect as executed.
2. If a second will, which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator intended the first will to take effect.
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(RSMo 1939 § 525, A.L. 1955 p. 385 § 270, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 524; 1919 § 513; 1909 § 543
Effective 1-01-81
(1961) Where will gave to the surviving spouse such part of his estate as under the laws of the state his wife would be entitled, she would receive such part under the will notwithstanding that the parties had entered into a property settlement the day before the decedent died contemplating a divorce between them. Crist v. Nesbit (A.), 352 S.W.2d 53.
(1964) This statute held to have revoked reciprocal wills of husband and wife which were executed and a divorce obtained prior to effective date of the statute where part performance on part of wife of alleged parol agreement to keep wills in force and not revoke them was insufficient to remove alleged oral agreement from operation of statute of frauds and the application of this revocation section. Rookstool v. Neaf (Mo.), 377 S.W.2d 402.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.420 - Change in circumstances — divorce.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 28 Aug 1955
474.420. Change in circumstances — divorce. —
If after making a will the testator is divorced, all provisions in the will in favor of the testator's spouse so divorced are thereby revoked but the effect of the revocation shall be the same as if the divorced spouse had died at the time of the divorce. With this exception, no written will, nor any part thereof, can be revoked by any change in the circumstances or condition of the testator.
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(L. 1955 p. 385 § 271)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.425 - Property given by testator during life treated as satisfaction of devise, when — valuation.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 01 Jan 1981, see footnote
474.425. Property given by testator during life treated as satisfaction of devise, when — valuation. —
Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part only if the will provides for deduction of the lifetime gift, or the testator declares in a contemporaneous writing that the gift is to be deducted from the devise or in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction. For purpose of partial satisfaction, property given during the testator's lifetime is valued as of the time the devisee came into possession or enjoyment of the property or as of the time of death of the testator, whichever occurs first.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.430 - Court to conform to directions of will.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 28 Aug 1955
474.430. Court to conform to directions of will. —
All courts and others concerned in the execution of last wills shall have due regard to the directions of the will, and the true intent and meaning of the testator, in all matters brought before them.
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(RSMo 1939 § 568, A.L. 1955 p. 385 § 272)
Prior revisions: 1929 § 567; 1919 § 555; 1909 § 583
(1958) Devise of undivided one-half interest in realty to testator's son for life and at his death to his children absolutely but if he should die without issue living then to other son for life and at his death to other son's "heirs at law" was construed according to statute of descent and distribution in effect when second life tenant died rather than statute in effect at execution of will and testator's death and thus widow of second life tenant took one-half of the undivided one-half interest against contention that testator indicated intent that land go to his descendants. Thomas v. Higginbotham (Mo.), 318 S.W.2d 234.
(1960) There is a strong presumption against partial intestacy but where the language used by the testator is plain and unequivocal, the court cannot give it a different meaning. In re Fowler's Estate (Mo.), 338 S.W.2d 44.
(1963) Where testator devised all the remainder of his property, after debts were paid, to his wife "she to have complete control and free will in the management and disposal of same so long as she may live", the widow received fee simple title to the realty. Shaw v. Wertz (Mo.), 369 S.W.2d 215.
1963) Where testator devised one-sixth of his property to his wife for life with remainder to testator's "children and heirs" the words "children" and "heirs" were treated as synonymous so that the children received a vested remainder in the one-sixth interest. Walters v. Sisler (Mo.), 371 S.W.2d 187.
(1964) Where wife bequeathed one-half of her estate to her husband and failed to specify whether the half was to be determined on the basis of the gross estate or on the basis of the net or distributable estate, court held that she intended that charges and expenses be paid from gross estate and that the bequests be determined as a percentage of the net of distributable estate remaining. St. Louis Union Trust Co. v. Kruger (Mo.), 377 S.W.2d 303.
(1967) This section requires that, in determining the true intent and meaning of testators, courts must first look to the will, but if the language of the will is determined to be ambiguous they may look to surrounding facts and circumstances. Seltzer v. Schroeder (A.), 409 S.W.2d 777.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.435 - Class gift terminology includes certain persons and relationships, how determined.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 01 Jan 1981, see footnote
474.435. Class gift terminology includes certain persons and relationships, how determined. —
Halfbloods, adopted persons and persons born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.440 - Bond to convey does not revoke devise.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 28 Aug 1955
474.440. Bond to convey does not revoke devise. —
A bond, covenant or agreement made for a valuable consideration, by a testator, to convey any property devised or bequeathed in any last will previously made, does not constitute a revocation of the previous devise or bequest, either in law or equity; but the property passes by the devise or bequest, subject to the same remedies on the bond, covenant or agreement, for specific performance or otherwise, against the devisees or legatees, as might be had by law against the heirs of the testator, or his next of kin, if the same had descended to them.
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(RSMo 1939 § 523, A.L. 1955 p. 385 § 273)
Prior revisions: 1929 § 522; 1919 § 511; 1909 § 541
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.450 - Encumbrance does not revoke devise — exoneration, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 28 Aug 1955
474.450. Encumbrance does not revoke devise — exoneration, when. —
1. A charge or encumbrance upon any real or personal property, for the purpose of securing the payment of money or the performance of any covenant or agreement, is not deemed a revocation of any will, relating to the same property, previously executed.
2. When any property is specifically devised and at the time of the testator's death is subject to a mortgage, pledge, or other lien created prior to the execution of the will or created by a mortgage, pledge, or other lien executed after the execution of the will as a renewal, or extension, or refinancing of the debt created prior to the execution of the will, the devisee shall take the property so devised subject to the charge or encumbrance unless the will provides expressly or by necessary implication that such mortgage be otherwise paid, but if the mortgage, pledge or other lien was created after the execution of the will the devisee shall take the property exonerated from the encumbrance unless it appears from the terms of the loan agreement or from the circumstances surrounding the loan transaction that the testator intended that the encumbrance should be paid out of the encumbered property rather than from his general estate.
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(RSMo 1939 § 524, A.L. 1955 p. 385 § 274)
Prior revisions: 1929 § 523; 1919 § 512; 1909 § 542
CROSS REFERENCE:
Redemption of encumbered property, 473.287, 473.387
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.455 - Devisee who does not survive testator by 120 hours treated as predeceasing testator — exceptions.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 01 Jan 1981, see footnote
474.455. Devisee who does not survive testator by 120 hours treated as predeceasing testator — exceptions. —
A devisee who does not survive the testator by one hundred twenty hours is treated as if he predeceased the testator, unless the will of decedent contains some language dealing explicitly with simultaneous deaths or deaths in a common disaster, or requiring that the devisee survive the testator or survive the testator for a stated period in order to take under the will.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.460 - Testator surviving devisee, effect.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• Effective - 01 Jan 1981, see footnote
474.460. Testator surviving devisee, effect. —
When any estate is devised to any child, grandchild or other relative of the testator, and the devisee dies before the testator, or is treated as if he predeceased the testator, leaving lineal descendants who survive the testator by one hundred twenty hours, the descendants shall take the estate, real or personal, as the devisee would have done if he had survived the testator by one hundred twenty hours.
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(RSMo 1939 § 528, A.L. 1955 p. 385 § 275, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 527; 1919 § 516; 1909 § 546
Effective 1-01-81
(1962) Where decedent left his entire estate to his sister and expressly stated in his will that he did not desire his half-sister to have any part of his estate, the half-sister would inherit the estate when the sister who was devised all of the estate died before the testator. In re Smith's Estate (Mo.), 353 S.W.2d 721.
(1972) The term "relative" as used in this statute is reserved for relatives by consanguinity and not by marriage. McComb v. Lyons (Mo.), 487 S.W.2d 16.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.463 - Exchange of securities not to adeem specific legacy.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 10 Jun 1981, see footnote
474.463. Exchange of securities not to adeem specific legacy. —
An exchange of corporate stock, or of bonds, promissory notes or other securities, for other stock, bonds, promissory notes or securities of the same corporation or obligor or its successor does not adeem a specific legacy of the stock, bonds, promissory notes or securities, and the devisee is entitled to those received by the testator in exchange to the extent that they are part of his estate. A change, by a stock split or like device, in the proportional interest in a corporation represented by a share of its stock, entitles a devisee of a specified number of shares to so many shares as are needed to represent the same proportional interest in the corporation as the specified number represented when the will was executed, whether the devise is specific, general or demonstrative.
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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 474 - Probate Code — Intestate Succession and Wills › Section 474.465 - Failure of devise to become part of residue.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 01 Jan 1981, see footnote
474.465. Failure of devise to become part of residue. —
1. Except as provided in section 474.460, if a devise, other than a residuary devise, fails for any reason, it becomes a part of the residue.
2. Except as provided in section 474.460, if the residue is devised to two or more persons and the share of one of the residuary devisees fails for any reason, his share passes to the other residuary devisee, or to other residuary devisees in proportion to their interest in the residue.
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(L. 1980 S.B. 637)
Effective 1-01-81
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.470 - Rule in Shelley's case abolished, effect.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 28 Aug 1955
474.470. Rule in Shelley's case abolished, effect. —
Where under a will a remainder is devised which is limited to the heirs, or heirs of the body of a person to whom a life estate in the same premises is devised, the persons who, on the termination of the life estate, are the heirs, or heirs of the body of the life tenant, are entitled to take as purchasers in fee simple, by virtue of the remainder so limited in them.
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(RSMo 1939 § 563, A.L. 1955 p. 385 § 276)
Prior revisions: 1929 § 562; 1919 § 555; 1909 § 578
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.480 - Devise deemed to convey fee simple, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 28 Aug 1955
474.480. Devise deemed to convey fee simple, when. —
In all devises of lands or other estate in this state, in which the words "heirs and assigns", or "heirs and assigns forever", are omitted, and no expressions are contained in the will whereby it appears that the devise was intended to convey an estate for life only, and no further devise is made of the devised premises, to take effect after the death of the devisee to whom the same is given, it shall be understood to be the intention of the testator thereby to devise an absolute estate in the same, and the devise conveys an estate in fee simple to the devisee, for all of the devised premises.
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(RSMo 1939 § 564, A.L. 1955 p. 385 § 277)
Prior revisions: 1929 § 563; 1919 § 551; 1909 § 579
(1957) Where will devised residue absolutely to testator's widow and then in a subsequent paragraph expressed the "wish and desire" that she will the part devised which remained at her death to his heirs, widow had fee simple estate. Thompson v. Smith (Mo.), 300 S.W.2d 404.
(1959) Devise to mother and sister of testatrix "as joint tenants with right of survivorship" held to evidence intention to devise to the two a joint estate for life with remainder to the survivor, so that conveyance of one-half of estate by one of the joint tenants could not affect the right of survivorship granted to the other. Hunter v. Hunter (Mo.), 320 S.W.2d 529.
(1964) Where testator devised residue of property to wife "the same shall be her property as long as she remain a single person" and provided for no gift over in the event wife died without having remarried, court held that wife received a determinable life estate, that quoted words were words of limitation and not of condition and that the gift over in event of remarriage of wife took effect on death of wife. Buschmeyer v. Eikermann (Mo.), 378 S.W.2d 468.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.500 - Wills of land to be recorded, where.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 28 Aug 1955
474.500. Wills of land to be recorded, where. —
In all cases where lands are devised by last will, a copy of such will shall be recorded in the recorder's office in the county where the land is situated, and if the lands are situated in different counties, then a copy of such will shall be recorded in the recorder's office in each county within six months after probate.
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(RSMo 1939 § 549, A.L. 1955 p. 385 § 286A)
Prior revisions: 1929 § 548; 1919 § 536; 1909 § 566
CROSS REFERENCE:
Recorded will to impart notice, when, 490.340
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.510 - Deposit of will in court in testator's lifetime.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
• Effective - 01 Jul 1997, see footnote
474.510. Deposit of will in court in testator's lifetime. —
1. A will may be deposited by the person making it, or by such person's agent, with the probate division of any circuit court, to be safely kept until delivered or disposed of as hereinafter provided. The clerk of the court shall receive and keep the will, and give a certificate of deposit for it.
2. Every will intended to be deposited shall be sealed in an appropriate manner approved by the circuit court, en banc, subject to administrative rules of the supreme court, which shall have endorsed thereon "Will of", followed by the name of the testator. The clerk of the court shall endorse thereon the day when, and the person by whom, it was delivered. The wrapper may also be endorsed with the name of the person to whom the will is to be delivered after the death of the testator. It shall not be opened or read until delivered to a person entitled to receive it, or otherwise disposed of as hereinafter provided.
3. During the lifetime of the testator, the will shall be delivered only to such testator, or to some person authorized by such testator by an order in writing duly proved by the oath of a subscribing witness. After the testator's death, the clerk shall notify the person named in the endorsement on the wrapper of the will, if there is a person so named, and deliver it to such person.
4. If the will is not delivered to a person named in the endorsement on the wrapper, it shall be publicly opened in the court within thirty days after notice of the testator's death, and be retained by the court until offered for probate. Notice shall be given to the executor named therein and to such other persons as the court may designate. If the proper venue is in another court, the will shall be transmitted to such court; but before such transmission a true copy thereof shall be made and retained in the court in which the will was deposited.
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(L. 1955 p. 385 § 280, A.L. 1978 H.B. 1634, A.L. 1996 S.B. 869)
Effective 7-01-97
CROSS REFERENCE:
Fees required by probate division for deposit of will with the court prior to death of testator for safekeeping, 488.1010.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.520 - Construction of will.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 28 Aug 1955
474.520. Construction of will. —
The court in which a will is probated shall have jurisdiction to construe it at any time during the administration. Such construction may be made on the petition of the executor or administrator or of any other person interested in the will; or, if a construction of the will is necessary to the determination of an issue properly before the court, the court may construe the will in connection with the determination of such issue. When a petition for the construction of a will is filed, notice of the hearing thereon shall be given to interested persons.
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(L. 1955 p. 385 § 281)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 474 - Probate Code — Intestate Succession and Wills › Section 474.530 - Wills heretofore probated, effect — evidence.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 474
Effective - 02 Jan 1979, see footnote
474.530. Wills heretofore probated, effect — evidence. —
All wills heretofore proved and admitted to probate, not afterward rejected by the court, the records of the court not showing approval of such acceptance and probate during a regular session by the court, and which have been spread upon the records of said court for ten years, have the same force and effect and shall be received as evidence in all the courts of this state, as though properly approved and probate confirmed at a regular session of the court.
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(RSMo 1939 § 530, A.L. 1955 p. 385 § 282, A.L. 1978 H.B. 1634)
Prior revision: 1929 § 529
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.011 - Preference for spiritual healing not evidence of incapacity.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1985
475.011. Preference for spiritual healing not evidence of incapacity. —
Nothing in this chapter shall be construed to constitute evidence of incapacity or partial incapacity of a person solely because such person refuses medical treatment upon the grounds that such person has consistently relied on prayer for healing in accordance with the religion of any church which teaches reliance on spiritual means for healing.
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(L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.015 - Relationship of guardianship provisions to uniform veterans' guardianship law — powers of Veterans' Administration.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 10 Jun 1981, see footnote
475.015. Relationship of guardianship provisions to uniform veterans' guardianship law — powers of Veterans' Administration. —
1. Sections 475.380 to 475.480, known as the "Uniform Veterans' Guardianship Act", do not apply to a guardianship proceeding, whether or not the ward is receiving or has received benefits from the Veterans' Administration, if the original petition for appointment of a guardian is filed after December 31, 1980.
2. When the Veterans' Administration is paying disability compensation, dependency and indemnity compensation, or a pension to a person, it has standing to petition for the appointment of a guardian for that person, his property, or both, and to appear as an interested person in any guardianship proceeding instituted for the person or his property by anyone. For purposes of this subsection, none of the following are sufficient to make the Veterans' Administration an interested person in a guardianship proceeding:
(1) Acceptance or guarantee of payment of a mortgage;
(2) Payment of dividends on or proceeds of a government or national service life insurance policy;
(3) Provision of a flag to cover a coffin, a tombstone or burial expenses;
(4) Payment of tuition, cost of books and supplies, or a subsistence allowance to a person entitled to educational benefits;
(5) Provision of hospitalization, surgery, or medical care.
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(L. 1955 p. 385 § 284, A.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 475 - Probate Code — Guardianship › Section 475.016 - Persons adjudged incompetent prior to September 28, 1983 — review — effect on prior appointed guardians — one year to meet new reporting requirements.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018, 2 histories
475.016. Persons adjudged incompetent prior to September 28, 1983 — review — effect on prior appointed guardians — one year to meet new reporting requirements. —
1. If there has been an adjudication of incompetency before September 28, 1983, any person so adjudicated shall be deemed totally incapacitated and totally disabled as defined in section 475.010, until such time as the probate division of the circuit court of the county of proper venue, upon the annual review proceeding prescribed by section 475.082 or otherwise, may review the nature of the incapacity or disability of the person so adjudicated and alter the nature of the adjudication if, as a consequence of the review, it appears to the court that the person is not both totally incapacitated and totally disabled as defined in section 475.010. A guardian of the person appointed before September 28, 1983, shall be deemed a guardian as defined in section 475.010. A guardian of the estate appointed before September 28, 1983, shall be deemed a conservator as defined in section 475.010.
2. Existing guardians and conservators shall have one year after August 28, 2018, to meet any annual and other reporting requirements that are different from the former requirements of this chapter
*
prior to August 28, 2018.
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(L. 1983 S.B. 44 & 45 § 475.015, A.L. 2018 S.B. 806)
*Words "chapter 475" appear in original rolls.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.020 - Applicability of provisions of probate code to guardianship.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.020. Applicability of provisions of probate code to guardianship. —
The provisions of chapter 472, unless therein restricted to decedents' estates, apply to guardianships and conservatorships. Where sections in chapter 473 are specifically incorporated by reference by any provision of sections 475.010 to 475.370, they shall be applied as if "decedent" or "deceased" read "ward" or "protectee", "executor" or "administrator" or "personal representative" read "guardian", "conservator" and the like, as the case may be, as far as applicable to guardianships and conservatorships and not inconsistent with the provisions of sections 475.010 to 475.370. In other cases, where no rule is set forth for guardianships and conservatorships in sections 475.010 to 475.370, the rule regarding decedents' estates in this law shall likewise apply to guardianships and conservatorships when applicable thereto and not inconsistent with the provisions of sections 475.010 to 475.370, unless a contrary rule of court is duly promulgated or declared; provided that the provisions of sections 473.780 to 473.840, relating to independent administration, shall not apply to guardianships or conservatorships.
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(L. 1955 p. 385 § 285, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.025 - Rights of parents as natural guardians of minors.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.025. Rights of parents as natural guardians of minors. —
In all cases not otherwise provided for by law, the father and mother, with equal powers, rights and duties, while living, and in case of the death of either parent the survivor, or when there is no lawful father, then the mother, if living, is the natural guardian of their children, and has the custody and care of their persons and education. When the estate of a minor is derived from a parent, the parent as natural guardian has all of the powers of a conservator appointed by a court, with respect to property derived from him, except that no court order or authorization is necessary to exercise these powers and the natural guardian may invest, sell and reinvest the estate of the minor in such property as is reasonable and prudent.
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(RSMo 1939 § 375, A.L. 1955 p. 385 § 286, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 375; 1919 § 371; 1909 § 430
(1958) Where child's estate was derived solely from father, court did not err in dismissing father's petition for declaratory judgment stating his right as natural guardian of child under § 475.025, as it was before reenactment in 1957, since by its terms the section applied only to children's estates derived from both parents and in addition all questions as to father's powers and rights as natural guardian were moot at the date of judgment. Dyer v. Union Electric Co. (A.), 318 S.W.2d 401.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.030 - Letters of guardianship and conservatorship issued, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.030. Letters of guardianship and conservatorship issued, when. —
1. Letters of guardianship of the person may be granted for any person adjudged incapacitated. Letters of conservatorship of the estate may be granted for any person adjudged to be disabled.
2. Letters of conservatorship of the estate of a minor shall be granted for that part of the estate of the minor which is not derived from a living parent who is acting as natural guardian.
3. Letters of conservatorship for the entire estate of a minor may be granted in the following cases:
(1) Where the minor has no parent living; or
(2) Where there is a natural guardian of the minor and where the court finds that the best interests of the minor require letters of conservatorship for all of his estate.
4. Letters of guardianship of the person of a minor may be granted in the following cases:
(1) Where a minor has no parent living;
(2) Where the parents or the sole surviving parent of a minor are unwilling, unable or adjudged unfit to assume the duties of guardianship;
(3) Where the parents or the sole surviving parent have had their parental rights terminated under chapter 211.
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(RSMo 1939 §§ 375, 376, 378, 379, A.L. 1955 p. 385 § 287, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 §§ 375, 376, 378, 379; 1919 §§ 371, 372, 374, 375; 1909 §§ 403, 404, 406, 407
(1959) Where application for guardianship for person and estate of alleged incompetent individual held on felony warrant theretofore issued out of magistrate court was filed, the probate court had jurisdiction of the proceeding insofar as the estate was concerned (though not of the person) and should proceed to determine his competency. State ex rel. Standefer v. England (A.), 328 S.W.2d 732.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.035 - Venue.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2019, 2 histories
475.035. Venue. —
1. The venue for the appointment of a guardian or conservator shall be:
(1) In the county in this state where the minor or alleged incapacitated or disabled person is domiciled. Domicile for a minor is the domicile of the custodial parent, custodial parents, or guardian. Placement by a court, fiduciary, or agency for evaluation, treatment, or residential care shall not constitute a choice of domicile by the minor or alleged incapacitated or disabled person; however, for the purpose of determining domicile, the court may consider the desire or intent of the alleged incapacitated or disabled person to the extent he or she has capacity; or
(2) If the minor or alleged incapacitated or disabled person has no domicile in this state, then in the county in which the minor or alleged incapacitated or disabled person has a significant connection. In determining under this section whether a minor or alleged incapacitated or disabled person has a significant connection, the court shall consider:
(a) Whether a juvenile, criminal, or probate court in a county of this state has previously or currently assumed jurisdiction over the minor or alleged incapacitated or disabled person under chapter 211 or 552;
(b) The location of the minor's or alleged incapacitated or disabled person's family and other persons required to be notified of the guardianship or conservatorship;
(c) Whether the minor or alleged incapacitated or disabled person has a residence or is physically present in the county and the duration of his or her physical presence or absence;
(d) The location of the minor's or alleged incapacitated or disabled person's property; and
(e) The extent to which the minor or alleged incapacitated or disabled person has ties such as voting registration, local tax return filing, vehicle registration, driver's license, social relationships, or receipt of services.
2. In the event the venue for purposes of guardianship and conservatorship are in different counties, venue shall be in the county of the guardianship.
3. If proceedings are commenced in more than one county, they shall be stayed except in the county where first commenced until final determination of venue in the county where first commenced. The proceeding is deemed commenced by the filing of a petition.
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(L. 1955 p. 385 § 288, A.L. 1983 S.B. 44 & 45, A.L. 1999 S.B. 387, et al., A.L. 2019 S.B. 230)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.040 - Change of venue.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2023, 2 histories
475.040. Change of venue. —
If it appears to the court, acting on the petition of the guardian, the conservator, the respondent or of a ward over the age of fourteen, or on its own motion, at any time before the termination of the guardianship or conservatorship, that the proceeding was commenced in the wrong county, or that the domicile of the ward or protectee has changed to another county, or in case of conservatorship of the estate that it would be for the best interest of the ward or disabled person and his estate, the court may order the proceeding with all papers, files and a transcript of the proceedings transferred to the probate division of the circuit court of another county. The court to which the transfer is made shall take jurisdiction of the case, place the transcript of record and proceed to the final settlement of the case as if the appointment originally had been made by it.
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(L. 1955 p. 385 § 289, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2023 S.B. 103)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.045 - Who may be appointed guardian of minor.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2009
475.045. Who may be appointed guardian of minor. —
1. Except in cases where they fail or refuse to give required security or are adjudged unfit for the duties of guardianship or conservatorship, or waive their rights to be appointed, the following persons, if otherwise qualified, shall be appointed as guardians or conservators of minors:
(1) The parent or parents of the minor, except as provided in section 475.030;
(2) If any minor over the age of fourteen years has no qualified parent living, a person nominated by the minor, unless the court finds appointment contrary to the best interests of the minor;
(3) Where both parents of a minor are dead, any person appointed under this section or section 475.046 by the will of the last surviving parent, who has not been adjudged unfit or incompetent for the duties of guardian or conservator.
2. Unfitness of any of the persons mentioned in subsection 1 for the duties of guardianship or conservatorship may be adjudged by the court after due notice and hearing.
3. If no appointment is made under subsection 1 of this section, the court shall appoint as guardian or conservator of a minor the most suitable person who is willing to serve and whose appointment serves the best interests of the child to a stable and permanent placement.
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(RSMo 1939 §§ 375, 378, 379, 380, 392, A.L. 1955 p. 385 § 290, A.L. 1983 S.B. 44 & 45, A.L. 2009 H.B. 154)
Prior revisions: 1929 §§ 375, 378, 379, 380, 392; 1919 §§ 371, 374, 375, 376, 388; 1909 §§ 403, 406, 407, 408, 420
CROSS REFERENCE:
Public administrator appointed as guardian, when, 473.743
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.061 - Application for conservatorship — may combine with petition for guardian of person.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018, 2 histories
475.061. Application for conservatorship — may combine with petition for guardian of person. —
1. Any person may file a petition in the probate division of the circuit court of the county of proper venue for the appointment of himself or herself or some other qualified person as conservator of the estate of a minor or disabled person. The petition shall contain the same allegations as are set forth in subdivisions (1), (8), and (10) of subsection 2 of section 475.060 with respect to the appointment of a guardian for an incapacitated person and, in addition thereto, an allegation that the respondent is unable by reason of some specific physical or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the respondent lacks ability to manage his financial resources or that the respondent is under the age of eighteen years.
2. A petition for appointment of a conservator or limited conservator of the estate may be combined with a petition for appointment of a guardian or limited guardian of the person. In such a combined petition allegations need not be repeated.
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(L. 1983 S.B. 44 & 45, A.L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213, A.L. 2018 S.B. 806)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.062 - Procedures for petition for appointment of conservator.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018, 2 histories
475.062. Procedures for petition for appointment of conservator. —
1. When a petition for appointment of a conservator of the estate of an alleged disabled person is not made or consented to by said alleged disabled person, the procedures as to notice, appointment of counsel, hearing and adjudication of disability as prescribed by section 475.075 shall be followed.
2. If a petition for appointment of a conservator is made by a person on account of that person's alleged disability or is made by another on behalf of that person with that person's consent endorsed on the petition or filed therewith, the court shall first appoint an attorney for that person. The court-appointed attorney shall advise the respondent of the respondent's rights and of the consequences of the appointment of the conservator.
3. If the court determines that the disability exists and the respondent desires the appointment, understands its purpose, and makes a reasonable choice of conservator, the court may, without notice or hearing, appoint the person, organization, or corporation designated by the respondent as conservator of the respondent's estate, provided that the conservator is suitable and qualified and has accepted or will accept the appointment.
4. If it appears that the respondent is a co-depositor or co-tenant, the other co-depositors and co-tenants shall, in any event, be given notice before the court acts.
5. If the whereabouts of a person alleged to be disappeared or detained pursuant to section 475.081 is unknown or the place or nature of his confinement or detention prevents personal service, service shall be made on him by publication in accordance with the rules of civil procedure.
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(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.065 - Single guardianship or conservatorship for two or more persons.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
475.065. Single guardianship or conservatorship for two or more persons. —
When application is made for the appointment of a guardian or conservator for two or more minors or incapacitated or disabled persons who are children of a common parent, or are parent and child, or are husband and wife, it is not necessary that a separate petition, bond or other paper be filed for each minor or incapacitated or disabled person and the guardianship or conservatorship of all may be considered as one proceeding except that there shall be a separate accounting when the guardianship or conservatorship terminates as to one ward or disabled person but not as to the others.
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(L. 1955 p. 385 § 295, A.L. 1983 S.B. 44 & 45)