reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.453 - Required disbursements from principal.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2004, 2 histories
469.453. Required disbursements from principal. —
1. A trustee shall make the following disbursements from principal:
(1) The remaining one-half of the disbursements described in subdivisions (1) and (2) of section 469.451;
(2) All of the trustee's compensation calculated on principal as a fee for acceptance, distribution or termination, and disbursements made to prepare property for sale;
(3) Payments on the principal of a trust debt;
(4) Expenses of a proceeding or other matter that concerns primarily an interest in principal;
(5) Premiums paid on a policy of insurance not described in subdivision (4) of section 469.451 of which the trust is the owner and beneficiary;
(6) Estate, inheritance and other transfer taxes, including penalties, apportioned to the trust; and
(7) Extraordinary expenses incurred in connection with the management and preservation of trust property;
(8) Expenses for a capital improvement to a principal asset, whether in the form of changes to an existing asset or the construction of a new asset, including special assessments; and
(9) Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters.
2. If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.
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(L. 2001 H.B. 241, A.L. 2004 H.B. 1511)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.455 - Depreciation not to be transferred.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2001
469.455. Depreciation not to be transferred. —
1. As used in this section, the term
"depreciation"
means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a fixed asset having a useful life of more than one year.
2. A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:
(1) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;
(2) During the administration of a decedent's estate; or
(3) Pursuant to this section if the trustee is accounting pursuant to section 469.427 for the business or activity in which the asset is used.
3. An amount transferred to principal need not be held as a separate fund.
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(L. 2001 H.B. 241)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.457 - Principal disbursement, permitted transfers.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2001
469.457. Principal disbursement, permitted transfers. —
1. If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements.
2. Principal disbursements to which subsection 1 of this section applies include the following, but only to the extent that the trustee has not been and does not expect to be reimbursed by a third party:
(1) An amount chargeable to income but paid from principal because it is unusually large, including extraordinary repairs;
(2) Disbursements made to prepare property for rental, including tenant allowances, leasehold improvements, and broker's commissions;
(3) Periodic payments on an obligation secured by a principal asset to the extent that the amount transferred from income to principal for depreciation is less than the periodic payments; and
(4) Disbursements described in subdivision (7) of subsection 1 of section 469.453.
3. If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection 1 of this section.
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(L. 2001 H.B. 241)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.459 - Taxes to be paid from income or principal, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2011, 2 histories
469.459. Taxes to be paid from income or principal, when. —
1. A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income.
2. A tax required to be paid by a trustee based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority.
3. A tax required to be paid by a trustee on the trust's share of an entity's taxable income shall be paid:
(1) From income to the extent that receipts from the entity are allocated to income; and
(2) From principal to the extent that receipts from the entity are allocated only to principal.
4. After applying subsections 1 to 3 of this section, the trustee shall adjust income or principal receipts to the extent that the trust's taxes are reduced because the trust receives a deduction for payment made to a beneficiary.
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(L. 2001 H.B. 241, A.L. 2011 S.B. 59)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.461 - Adjustments between principal and income, when — estate tax marital deduction or charitable contributions, how handled.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2001
469.461. Adjustments between principal and income, when — estate tax marital deduction or charitable contributions, how handled. —
1. A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries which arise from:
(1) Elections and decisions, other than those described in subsection 2 of this section, that the fiduciary makes from time to time regarding tax matters;
(2) An income tax or any other tax that is imposed upon the fiduciary or a beneficiary as a result of a transaction involving or a distribution from the estate or trust; or
(3) The ownership by an estate or trust of an interest in an entity whose taxable income, whether or not distributed, is includable in the taxable income of the estate, trust or a beneficiary.
2. If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting it for estate tax purposes, and as a result estate taxes paid from principal are increased and income taxes paid by an estate, trust or beneficiary are decreased, each estate, trust or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid. The total reimbursement shall equal the increase in the estate tax to the extent that the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment. The proportionate share of the reimbursement for each estate, trust or beneficiary whose income taxes are reduced shall be the same as its proportionate share of the total decrease in income tax. An estate or trust shall reimburse principal from income.
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(L. 2001 H.B. 241)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.463 - Uniformity considered in application and construction.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2001
469.463. Uniformity considered in application and construction. —
In applying and construing sections 469.401 to 469.467, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
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(L. 2001 H.B. 241)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.465 - Severability clause.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2001
469.465. Severability clause. —
If any provision of sections 469.401 to 469.467 or the application of these sections to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of sections 469.401 to 469.467 which can be given effect without the invalid provision or application.
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(L. 2001 H.B. 241)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.467 - Applicability of sections.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2016, 2 histories
469.467. Applicability of sections. —
Sections 469.401 to 469.467 apply to every trust or decedent's estate existing on or after August 28, 2001, except as otherwise expressly provided in the will or terms of the trust or in sections 469.401 to 469.467.
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(L. 2001 H.B. 241, A.L. 2016 H.B. 1765)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.600 - Doctrine of worthier title and Rule in Bingham's case abolished, effect of language describing beneficiaries.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
Effective - 28 Aug 2006
469.600. Doctrine of worthier title and Rule in Bingham's case abolished, effect of language describing beneficiaries. —
The doctrine of worthier title and the Rule in Bingham's case is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs", "heirs at law", "next of kin", "distributees", "relatives", or "family", or language of similar import does not create or presumptively create a reversionary interest in the transferor.
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(L. 2006 S.B. 892)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.900 - Citation of law — definitions.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2004
469.900. Citation of law — definitions. —
Sections 469.900 to 469.913 shall be known, and may be cited, as the "Missouri Prudent Investor Act". As used in this act, the term
"trustee"
includes independent personal representatives and trustees, whether of express or implied trusts, and the term
"trust"
includes independently administered estates.
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(L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.900
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.901 - Trustee duties, settlor may restrict or expand.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2004
469.901. Trustee duties, settlor may restrict or expand. —
1. Except as otherwise provided in subsection 2 of this section, or by other applicable laws, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this act
*
.
2. A settlor may expand or restrict the prudent investor rule detailed in this act
*
by express provisions in the trust instrument. A trustee is not liable to a beneficiary for the trustee's good faith reliance on these express provisions.
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(L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.901
*"This act" (H.B. 1432, 1996) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.902 - Trustee duties and powers — decisions to be evaluated in context of trust.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2004
469.902. Trustee duties and powers — decisions to be evaluated in context of trust. —
1. A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
2. A trustee's investment and management decisions respecting individual assets and courses of action must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust.
3. When investing and managing trust assets, a trustee shall consider the following as are relevant to the trust or its beneficiaries:
(1) General economic conditions;
(2) The possible effect of inflation or deflation;
(3) The expected tax consequences of investment decisions or strategies;
(4) The role that each investment or course of action plays within the overall trust portfolio;
(5) The expected total return from income and the appreciation of capital;
(6) Other resources of the beneficiaries known to the trustee;
(7) Needs for liquidity, regularity of income, and preservation or appreciation of capital;
(8) An asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries; and
(9) The size of the portfolio, nature and estimated duration of the fiduciary relationship and distribution requirements under the governing instrument.
4. A trustee shall make a reasonable effort to ascertain facts relevant to the investment and management of trust assets.
5. A trustee may invest in any kind of property or type of investment consistent with the standards of this act
*
.
6. A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, has a duty to use those special skills or expertise when investing and managing trust assets.
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(L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.902
*"This act" (H.B. 1432, 1996) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.903 - Diversification required, exception.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2004
469.903. Diversification required, exception. —
A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.
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(L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.903
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.904 - Trust assets, retention and disposition.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2004
469.904. Trust assets, retention and disposition. —
Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements, and other circumstances of the trust, and with the requirements of this act
*
.
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(L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.904
*"This act" (H.B. 1432, 1996) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.905 - To whom duty owed.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2004
469.905. To whom duty owed. —
A trustee shall invest and manage the trust assets solely in the interest of the beneficiaries.
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(L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.905
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.906 - Multiple beneficiaries, duty owed to whom.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2004
469.906. Multiple beneficiaries, duty owed to whom. —
If a trust has two or more beneficiaries, the trustee shall act impartially in investing and managing the trust assets, taking into account any differing interests of the beneficiaries.
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(L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.906
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.907 - Restriction on costs.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2004
469.907. Restriction on costs. —
In investing and managing trust assets, a trustee may only incur costs that are appropriate and reasonable in relation to the assets, the purposes of the trust, and the skills of the trustee.
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(L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.907
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.908 - Prudent investor rule, standard.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2004
469.908. Prudent investor rule, standard. —
The prudent investor rule imposes a standard of conduct, but does not contemplate a specific outcome or performance. Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight.
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(L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.908
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.909 - Trustee powers, delegation — agent duties — liability of agent — agent submits to jurisdiction, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2004
469.909. Trustee powers, delegation — agent duties — liability of agent — agent submits to jurisdiction, when. —
1. A trustee may delegate investment and management functions that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:
(1) Selecting an agent suitable to the exercise of the delegated function, taking into account the nature and the value of the assets subject to such delegation and the expertise of the agent;
(2) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and
(3) Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.
2. In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.
3. A trustee who complies with the requirements of subsection 1 of this section is not liable to the beneficiaries or to the trust for the decisions or actions of the agent to whom the function was delegated.
4. By accepting the delegation of a trust function from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state even if the delegation agreement provides otherwise.
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(L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.909
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.910 - Trust terms and phrases, definition.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2004
469.910. Trust terms and phrases, definition. —
The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorize any investment or strategy permitted under this act
*
: "investments permissible by law for investment of trust funds", "legal investments", "authorized investments", "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital", "prudent man rule", "prudent trustee rule", "prudent person rule", and "prudent investor rule".
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(L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.910
*"This act" (H.B. 1432, 1996) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.911 - Applicability of certain sections.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2004
469.911. Applicability of certain sections. —
Except as otherwise specifically provided in the terms of the trust or in sections 456.035 to 456.041 and sections 469.900 to 469.913, the provisions of sections 456.035 to 456.041 and sections 469.900 to 469.913 shall apply to any trust established before or after August 28, 2004, and to any trust asset acquired by the trustee before or after August 28, 2004.
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(L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.911
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.912 - Interpretation of certain sections.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2004
469.912. Interpretation of certain sections. —
This act
*
shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act
**
among the states enacting it.
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(L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.912
*"This act" (H.B. 1432, 1996) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 469 - Disclaimers of Property › Section 469.913 - Specific statutory standards to control.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 469
• Effective - 28 Aug 2004
469.913. Specific statutory standards to control. —
The general assembly recognizes that persons, corporations, entities or state agencies who have responsibility for investing funds may be subject to a standard that is specifically set forth in other statutes. Under such circumstances, such persons, corporations, entities or state agencies shall comply with the standard of investment set forth in the other statute, and this act
*
shall not modify or repeal that standard.
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(L. 1996 H.B. 1432, A.L. 2004 H.B. 1511)
Transferred 2004; formerly 456.913
*"This act" (H.B. 1432, 1996) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.010 - Estates escheat, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 19 Jun 2002, see footnote
470.010. Estates escheat, when. —
If any person die intestate, seized of any real or personal property, leaving no heirs or representatives currently capable of inheriting the same; or, if upon final settlement of an executor or administrator, there is a balance in his or her hands belonging to some legatee or distributee who is a nonresident or who is not in a situation to receive the same and give a discharge thereof or who does not appear by himself or herself or agent to claim and receive the same; or, if upon final settlement of an assignee for the benefit of creditors, there shall remain in his or her possession any unclaimed dividends; or, if upon final report of any sheriff to the court, it is shown that the interests in the proceeds of the sale of land in partition of certain parties, who are absent from the state, who are nonresidents, who are not known or named in the proceedings, or who, from any cause, are not in a situation to receive the same, are in his or her hands unpaid and unclaimed; or, if, upon final settlement of the receiver of any company or corporation which has been doing business in this state, there is money in his or her hands unpaid and unclaimed, in each and every such instance such real and personal estate shall transfer to the state, subject to and in accordance with the provisions of sections 470.010 to 470.220 and sections 447.500 to 447.595.
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(RSMo 1939 § 620, A.L. 2002 S.B. 1248)
Prior revisions: 1929 § 620; 1919 § 5309; 1909 § 6256
Effective 6-19-02
(1951) Where, after closing of banks, plans were adopted resulting in transfer of part of assets and equal percent of liabilities to another bank and remainder to liquidating trustees, transfer to trustees was assignment for benefit of creditors under this section, so that unclaimed liquidating dividends in hands of trustees escheat. Jones v. Fidelity Nat. Bank & Trust Co., 362 Mo. 712, 243 S.W.2d 970.
(1965) Words "leaving no heirs or representatives" mean "no known heirs", but state has burden of proof to show no known heirs. State ex rel. Henry v. Malhman (Mo.), 386 S.W.2d 1.
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.020 - Disposition of unclaimed moneys — deemed unclaimed property, when — transfer to abandoned fund account — transfer to public schools.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 19 Jun 2002, see footnote
470.020. Disposition of unclaimed moneys — deemed unclaimed property, when — transfer to abandoned fund account — transfer to public schools. —
1. Within one year after the final settlement of any executor or administrator, assignee, sheriff or receiver, all moneys in his or her hands unpaid or unclaimed, as provided in section 470.010, shall, upon the order of the court in which the settlement is made, be paid to the state treasurer.
2. Beginning January 1, 2003, all real and personal estate that transfers or has transferred to the state pursuant to section 470.010 shall be deemed unclaimed property under the uniform disposition of unclaimed property act as set forth in chapter 447 and shall be treated in the same manner as all other unclaimed property under such act.
3. All moneys in the escheats fund on or after December 31, 2002, shall be transferred to the abandoned fund account created in section 447.543, and the escheats fund shall be abolished. Any accounting information maintained by the commissioner of administration for moneys paid into the state treasury and all moneys from the sale of lands vested in the state shall be transferred to the unclaimed property division of the office of state treasurer.
4. The state treasurer shall remain custodian of any bonds purchased by the state board of fund commissioners prior to January 1, 2003, and shall deposit all interest received from such bonds into the abandoned fund account. The state treasurer, in consultation with the state board of fund commissioners, shall determine the use and disposition of proceeds from all such bonds purchased by the state board.
5. Beginning in fiscal year 2003 and for each subsequent fiscal year, the state treasurer shall transfer from the abandoned fund account to the public schools fund an amount equal to five percent of the annual amount transferred to the general revenue fund from the abandoned fund account net any transfers from the general revenue to the abandoned fund account.
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(RSMo 1939 § 621, A.L. 1957 p. 866, A.L. 2002 S.B. 1248)
Prior revisions: 1929 § 621; 1919 § 5310; 1909 § 6257
Effective 6-19-02
CROSS REFERENCE:
Escheats fund to be used for support of public schools, 166.011
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.030 - Proceedings when moneys are not paid to state treasurer as required.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 19 Jun 2002, see footnote
470.030. Proceedings when moneys are not paid to state treasurer as required. —
1. The court having the settlement of the accounts of such executor or administrator, assignee, sheriff or receiver shall give credit for the amount thereof; but if the moneys are not paid to the state treasurer, the prosecuting attorney of the county in which the executor or administrator, assignee, sheriff or receiver resides, shall, upon giving ten days' previous notice of his or her intention so to do, move the court to enter judgment against the executor or administrator, assignee, sheriff or receiver, and his or her sureties, or either of them, for the moneys in his or her possession, together with eight percent per annum thereon from the time the same should have been turned over to the state treasurer until the rendition of the judgment.
2. The court shall determine the case in a summary manner, and if it finds the facts as stated in the motion to be true, and no valid and reasonable excuse for the delay is offered, shall enter judgment accordingly and adjudge the executor or administrator, assignee, sheriff or receiver to pay all costs of the proceedings.
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(RSMo 1939 § 622, A.L. 1957 p. 866, A.L. 2002 S.B. 1248)
Prior revisions: 1929 § 622; 1919 § 5311; 1909 § 6258
Effective 6-19-02
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.060 - When lands transfer to state.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 19 Jun 2002, see footnote
470.060. When lands transfer to state. —
When the prosecuting attorney shall be informed, or have reason to believe, that any real estate within his or her county should transfer to the state, and such estate shall not have been sold according to law, within five years after the death of the person last seized, for the payment of the debts of the deceased, the prosecuting attorney shall file an information in behalf of the state in the circuit court of the county in which such estate is situate, setting forth a description of the estate, the name of the person last lawfully seized, the names of the terre-tenants and persons claiming the same, if known, and the facts and circumstances in consequence of which such estate is claimed to have transferred and alleging that, by reason thereof, the state of Missouri hath right to such estate.
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(RSMo 1939 § 625, A.L. 2002 S.B. 1248)
Prior revisions: 1929 § 625; 1919 § 5314; 1909 § 6261
Effective 6-19-02
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.070 - Scire facias to issue.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 19 Jun 2002, see footnote
470.070. Scire facias to issue. —
Such court shall award and issue a scire facias against such person, bodies politic or corporate, as shall be alleged in such information to hold, possess or claim such estate, requiring them to appear and show cause why such estate should not be sold and transferred to the state, at the next term of such court.
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(RSMo 1939 § 626, A.L. 2002 S.B. 1248)
Prior revisions: 1929 § 626; 1919 § 5315; 1909 § 6262
Effective 6-19-02
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.080 - To be served, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 19 Jun 2002, see footnote
470.080. To be served, when. —
Such scire facias shall be served fifteen days before the return day thereof, and the court shall make an order, setting forth briefly the contents of such information, and requiring all persons interested in or claiming title to said estate to appear and show cause, at the next term of said court, why the same shall not be sold and the proceeds transferred to the state; which order shall be published for six weeks in some newspaper printed and published in the county in which such proceedings are had.
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(RSMo 1939 § 627, A.L. 2002 S.B. 1248)
Prior revisions: 1929 § 627; 1919 § 5316; 1909 § 6263
Effective 6-19-02
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.090 - Who may appear and defend.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 28 Aug 1939
470.090. Who may appear and defend. —
All persons, bodies politic and corporate, named in such information as terre-tenants or claimants to the estate, may appear and plead to such proceeding, and may traverse or deny the facts stated in the information and the title of the state to the lands and tenements therein mentioned and described, at any time on or before the third day after the return of such scire facias; and any other person claiming an interest in such estate may appear and be made a defendant, and plead by motion for that purpose, in open court, within the time allowed for pleading.
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(RSMo 1939 § 628)
Prior revisions: 1929 § 628; 1919 § 5317; 1909 § 6264
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.100 - Judgment rendered, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 28 Aug 1939
470.100. Judgment rendered, when. —
If no person appear and plead, or, appearing, shall refuse to plead, within the time, then judgment shall be rendered for the state, and it shall be seized and possessed of the lands and tenements in such information described and claimed.
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(RSMo 1939 § 629)
Prior revisions: 1929 § 629; 1919 § 5318; 1909 § 6265
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.110 - Issues shall be made up and tried, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 28 Aug 1939
470.110. Issues shall be made up and tried, when. —
If any person shall appear and deny the title set up by the state, or traverse any material fact in the information alleged, issues shall be made up and tried as other issues of fact, and a survey may be ordered and entered as in other actions when the title or boundaries of land are in dispute.
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(RSMo 1939 § 630)
Prior revisions: 1929 § 630; 1919 § 5319; 1909 § 6266
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.120 - Judgment for state, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 28 Aug 1939
470.120. Judgment for state, when. —
If, after the issues are tried, it appear from the facts that the state hath good title to the lands and tenements described in the information, or any part thereof, judgment shall be rendered that the state be seized thereof and recover costs against the defendant.
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(RSMo 1939 § 631)
Prior revisions: 1929 § 631; 1919 § 5320; 1909 § 6267
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.130 - Judgment for defendant, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 19 Jun 2002, see footnote
470.130. Judgment for defendant, when. —
If it appears that the state has no title in such estate, the defendant shall recover his or her costs, to be taxed and certified by the clerk, provided that the court find, from the facts, that the title to such estate is in the defendant. When such certificate of the clerk is filed in his or her office, the state treasurer shall pay the certificate as other demands on the treasury.
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(RSMo 1939 § 632, A.L. 1947 V. I p. 295, A.L. 2002 S.B. 1248)
Prior revisions: 1929 § 632; 1919 § 5321; 1909 § 6268
Effective 6-19-02
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.140 - Writ of possession to issue.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 28 Aug 1939
470.140. Writ of possession to issue. —
When judgment is rendered for, and the title to such real estate described in the information is vested in the state, a writ shall be issued to the sheriff of the same county, commanding him to seize said real estate.
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(RSMo 1939 § 633)
Prior revisions: 1929 § 633; 1919 § 5322; 1909 § 6269
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.150 - Copy of record filed with state treasurer.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 19 Jun 2002, see footnote
470.150. Copy of record filed with state treasurer. —
Upon the return of such writ of possession, the prosecuting attorney shall cause the record and process to be exemplified under the seal of the court and deposit the same in the office of the state treasurer; and he or she shall cause the transcript of the judgment to be recorded in the office of the recorder of the county in which such estate is situate; and such judgment shall preclude all parties and privies thereto, their heirs and assigns, so long as such judgment shall remain in force.
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(RSMo 1939 § 634, A.L. 1947 V. I p. 295, A.L. 2002 S.B. 1248)
Prior revisions: 1929 § 634; 1919 § 5323; 1909 § 6270
Effective 6-19-02
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.160 - Appeals taken.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 28 Aug 1949
470.160. Appeals taken. —
Any party who shall have appeared to any proceedings, and the prosecuting attorney on behalf of the state, shall have the right to prosecute an appeal upon any such judgment.
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(RSMo 1939 § 635, A. 1949 S.B. 1137)
Prior revisions: 1929 § 635; 1919 § 5324; 1909 § 6271
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.170 - Lands claimed within five years, by whom.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 28 Aug 1939
470.170. Lands claimed within five years, by whom. —
Within five years after judgment has been rendered, any person, other than those who were served with the scire facias, or appeared to the proceedings, their heirs or assigns, may appear and claim lands vested in the state and may file his petition in the circuit court of the county in which such estate is situate, setting forth the nature of his claim, and praying that the said estate may be relinquished to him.
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(RSMo 1939 § 636)
Prior revisions: 1929 § 636; 1919 § 5325; 1909 § 6272
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.180 - Petition served on whom.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 28 Aug 1939
470.180. Petition served on whom. —
A copy of this petition shall be served upon the prosecuting attorney of the county, who shall make answer thereto; and the court shall examine the allegations and proofs, and if it appear that the person has a good claim, title or interest in such estate, the court shall decree accordingly, divesting the state of any interest therein; but in no case shall costs be adjudged against the state.
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(RSMo 1939 § 637)
Prior revisions: 1929 § 637; 1919 § 5326; 1909 § 6273
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.200 - Court may order sale.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 19 Jun 2002, see footnote
470.200. Court may order sale. —
Whenever title to any real estate has vested in the state, the circuit court of the county in which such estate is situate shall, upon the application of the prosecuting attorney of said county, order and direct said real estate to be sold; which sale shall be made by the sheriff of said county and shall be advertised and conducted in the same manner as shall by law be provided for the sale of real estate under execution.
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(RSMo 1939 § 639, A.L. 2002 S.B. 1248)
Prior revisions: 1929 § 639; 1919 § 5328; 1909 § 6275
Effective 6-19-02
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.210 - Proceeds paid into abandoned fund account.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 19 Jun 2002, see footnote
470.210. Proceeds paid into abandoned fund account. —
All moneys realized from the sale of any real estate, after paying all costs of such proceedings, and such compensation to the prosecuting attorney as shall be allowed by the court in which such order of sale is made, shall be paid by the sheriff into the state treasury within ninety days after the receipt thereof; and if said sheriff fails to pay said money into the state treasury within ninety days after the receipt thereof, the sheriff shall be proceeded against in the same manner as is provided in section 470.030. Moneys so paid into the state treasury shall be deemed unclaimed property under the uniform disposition of unclaimed property act as set forth in chapter 447 and shall be credited into the abandoned fund account, and shall be treated in the same manner as other moneys paid into the state treasury under sections 470.010 to 470.220.
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(RSMo 1939 § 640, A.L. 2002 S.B. 1248)
Prior revisions: 1929 § 640; 1919 § 5329; 1909 § 6276
Effective 6-19-02
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 470 - Escheats › Section 470.220 - State treasurer to keep record.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 470
• Effective - 19 Jun 2002, see footnote
470.220. State treasurer to keep record. —
The state treasurer shall keep just and accurate account of all money paid into the state treasury, all land vested in the state pursuant to sections 470.010 to 470.220, and all proceeds received from the sale of such land.
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(RSMo 1939 § 641, A.L. 1947 V. I p. 295, A.L. 2002 S.B. 1248)
Prior revisions: 1929 § 641; 1919 § 5330; 1909 § 6277
Effective 6-19-02
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 471 - Uniform Simultaneous Death Law › Section 471.010 - No sufficient evidence of survivorship.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 471
Effective - 28 Aug 1947
471.010. No sufficient evidence of survivorship. —
Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, as determined by a court of competent jurisdiction, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this law.
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(L. 1947 V. I p. 13 § 1)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 471 - Uniform Simultaneous Death Law › Section 471.020 - Survival of beneficiaries.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 471
Effective - 28 Aug 1959
471.020. Survival of beneficiaries. —
If property is so disposed of that the right of a beneficiary to succeed to any interest therein is conditional upon his surviving another person, and both persons die, and there is no sufficient evidence that the two have died otherwise than simultaneously, the beneficiary shall be deemed not to have survived. If there is no sufficient evidence that two or more beneficiaries have died otherwise than simultaneously and property has been disposed of in such a way that at the time of their death each of such beneficiaries would have been entitled to the property if he had survived the others, the property shall be divided into as many equal portions as there were such beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each of such beneficiaries had survived.
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(L. 1947 V. I p. 13 § 3, A.L. 1959 S.B. 120)