Chapter 472 Probate Code - General Provisions

472.013 - Fraud under probate code — remedy — procedure.

Steven Groce, Attorney Advertisement

Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code, or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person, other than a bona fide purchaser, benefitting from the fraud, whether innocent or not.Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than ten years after the time of commission of the fraud.This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.

(L. 1980 S.B. 637)

Effective 1-01-81

472.485 - Certain federal laws, act's impact on.

Sections 472.400 to 472.490 modify, limit, or supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but do not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).

(L. 2018 H.B. 1250)

472.490 - Severability clause.

If any provision of sections 472.400 to 472.490 or the application of such sections to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of sections 472.400 to 472.490 which can be given effect without the invalid provision or application, and to this end the provisions of sections 472.400 to 472.490 are severable.

(L. 2018 H.B. 1250)

472.290 - Rules of evidence to apply — exceptions — specific rules.

In proceedings under this code the rules of evidence in circuit courts, including any relating to simultaneous deaths, are applicable unless specifically displaced by the code.In addition, the following rules relating to determination of death and status are applicable:

(1)A certified or authenticated copy of a death certificate issued by an official or agency of the place where the death occurred is prima facie proof of the fact, place, date, time of death, and the identity of the decedent;

(2)A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence, sufficient to support a judicial finding, of the status and of the dates, circumstances, and places disclosed by the record or report;

(3)A person who is absent for a continuous period of five years, during which time he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead.His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.

(L. 1980 S.B. 637)

Effective 1-01-81

472.190 - Appeals stayed or consolidated, when.

When an appeal is taken from any appealable order, judgment or decree in the administration of a decedent's estate, made prior to the decree of final settlement and distribution, the probate division of the circuit court, in its discretion, and if no person is prejudiced thereby, may order that the appeal be stayed until the decree of final distribution is made and that the appeal be heard only as a part of any appeal which may be taken from the decree of final settlement and distribution.This section does not apply to guardianships.

(L. 1955 p. 385 § 19, A.L. 1978 H.B. 1634)

Effective 1-02-79

472.090 - Objections to petition, form.

Any interested person, on or before the day set for hearing, may file written objections to a petition previously filed, and, upon special order or general rule of the court, objections to a petition shall be filed in writing as a prerequisite of being heard by the court.

(L. 1955 p. 385 § 10)

472.480 - Construction of act, considerations.

In applying and construing sections 472.400 to 472.490, consideration may be given to the need to promote uniformity of the law with respect to its subject matter among states that enact similar provisions.

(L. 2018 H.B. 1250)

472.280 - Records of probate division of circuit court — may be kept by means other than bound volumes — reading equipment, index to be provided.

1.The court shall keep the following:

(1)An index in which files, pertaining to estates of deceased persons, shall be indexed under the name of the decedent, and those pertaining to guardianships and conservatorships under the name of the ward and protectee; after the name of each file shall be shown the file and register number and the book and page of the register;

(2)A register, arranged in numerical order, in which shall be listed in chronological order under the file and register number and the name of the decedent or ward or protectee, all documents filed or issued and all orders, judgments and decrees made pertaining to the estate, the date thereof, and a reference to the volume and page of any other book in which any record has been made of such order or document;

(3)An abstract of all judgments of other courts filed and of all claims established in the probate division of the circuit court against the estate of each decedent which shall show their amount, date and class, and to whom payable;

(4)A record of wills exhibited to be proven properly indexed, in which shall be recorded such wills, together with the proof thereof and the certificate of probate or rejection thereof;

(5)A record of bonds, in which shall be recorded all bonds filed;

(6)A record of letters, in which shall be entered all letters issued;

(7)A record of inventories, in which shall be recorded all inventories and appraisements;

(8)A record of settlements in which shall be recorded the accounts and settlements of all personal representatives, conservators, and guardians;

(9)A record of probate proceedings, which shall contain all orders, judgments and decrees of the court;

(10)A record of the minutes of the proceedings of the court.

2.All vouchers and receipts in any estate filed in the court may be destroyed on order of the court after they have been on file for a period of five years after final termination of administration proceedings in the estate.

3.Other provisions of law to the contrary notwithstanding, any records required to be kept by the probate division of the circuit court under subsection 1 of this section or by any other law may be kept and maintained by means other than bound volumes of paper pages, including such means as photography, microphotography, photostatic process, electrostatic process, facsimile reproduction, perforated tape, magnetic tape or other electromagnetic means, electronic data processing, machine-readable media, graphic or video display, or any combination thereof.All courts keeping records and information by any of the aforesaid means shall keep and have readily available to the public the necessary machines and equipment to present the records and information in a readily readable form; and, further, the courts shall properly and adequately index such records and information so that the same shall be readily retrievable.

(L. 1955 p. 385 § 29, A.L. 1969 S.B. 81, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)

472.080 - Documents filed with court, form — content.

1.Except as otherwise specifically provided in this code or by supreme court rule, every document filed with the court under this code, including but not limited to applications, petitions, claims, and demands for notice, shall be signed by or on behalf of the petitioner or claimant, and shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration.

2.No defect of form or substance in any document invalidates any proceedings after judgment on the document.

(L. 1955 p. 385 § 9, A.L. 1980 S.B. 637)

Effective 1-01-81

472.180 - Time for appeal.

All appeals shall be taken within the time prescribed by the rules of civil procedure relating to appeals.

(RSMo 1939 § 285, A.L. 1955 p. 385 § 21, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 286; 1919 § 283; 1909 § 290

Effective 1-02-79

472.410 - Applicability.

1.Sections 472.400 to 472.490 shall apply to:

(1)A fiduciary or agent acting under a will or power of attorney executed before, on, or after August 28, 2018;

(2)A personal representative acting for a decedent who dies before, on, or after August 28, 2018;

(3)A conservatorship proceeding commenced before, on, or after August 28, 2018; and

(4)A trustee acting under a trust created before, on, or after August 28, 2018.

2.Sections 472.400 to 472.490 shall apply to a custodian if the user resides in this state or resided in this state at the time of the user's death.

3.Sections 472.400 to 472.490 shall not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.

(L. 2018 H.B. 1250)

472.210 - Appeals, procedure.

Appeals shall be taken in accordance with the rules of civil procedure relating to appeals.

(RSMo 1939 § 286, A.L. 1955 p. 385 § 22, A.L. 1965 p. 633, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 287; 1919 § 284; 1909 § 291

Effective 1-02-79

472.110 - Proof of service.

Proof of service in all cases requiring notice whether by publication, mailing or otherwise, shall be filed before the hearing.Service made by a private person shall be proved by the affidavit of the person or by acknowledgment of service; service made by the clerk, sheriff or other official shall be proved by certificate or return of service.Proof of service by publication shall be made in the form of the affidavit prescribed by section 493.060.In the case of service by registered or certified mail, where the court requires a return receipt, the return receipt shall be attached to the proof of service if a receipt has been received; if no receipt has been received, or in case a notice served by ordinary mail is returned to the sender, the court may, in its discretion, order further service on the party.

(L. 1955 p. 385 § 12, A.L. 1957 p. 829, A.L. 1980 S.B. 637)

Effective 1-01-81

472.010 - Definitions.

When used in this code, unless otherwise apparent from the context:

(1)"Administrator" includes any administrator de bonis non, administrator cum testamento annexo, administrator ad litem and administrator during absence or minority;

(2)"Child" includes an adopted child and a child born out of wedlock, but does not include a grandchild or other more remote descendants;

(3)"Claims" include liabilities of the decedent which survive whether arising in contract, tort or otherwise, funeral expenses, the expense of a tombstone, and costs and expenses of administration;

(4)"Clerk" means clerk of the probate division of the circuit court;

(5)"Code" or "probate code" means chapters 472, 473, 474 and 475;

(6)"Court" or "probate court" means the probate division of the circuit court;

(7)"Devise", when used as a noun, means a testamentary disposition of real or personal property or both; when used as a verb it means to dispose of real or personal property or both by will;

(8)"Devisee" includes legatee;

(9)"Distributee" denotes those persons who are entitled to the real and personal property of a decedent under his will, under the statutes of intestate succession or who take as surviving spouse under section 474.160, upon election to take against the will;

(10)"Domicile" means the place in which a person has voluntarily fixed his abode, not for a mere special or temporary purpose, but with a present intention of remaining there permanently or for an indefinite time;

(11)"Estate" means the real and personal property of the decedent or ward, as from time to time changed in form by sale, reinvestment or otherwise, and augmented by any accretions and additions thereto and substitutions therefor, and diminished by any decreases and distributions therefrom;

(12)"Exempt property" means that property of a decedent's estate which is not subject to be applied to the payment of claims, charges, legacies or bequests as described in section 474.250;

(13)"Fiduciary" includes executor, administrator, guardian, conservator, and trustee;

(14)"Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on his death intestate;

(15)"Interested persons" mean heirs, devisees, spouses, creditors or any others having a property right or claim against the estate of a decedent being administered and includes children of a protectee who may have a property right or claim against or an interest in the estate of a protectee.This meaning may vary at different stages and different parts of a proceeding and must be determined according to the particular purpose and matter involved;

(16)"Issue" of a person, when used to refer to persons who take by intestate succession, includes adopted children and all lawful lineal descendants, except those who are the lineal descendants of living lineal descendants of the intestate;

(17)"Lease" includes an oil and gas lease or other mineral lease, but does not include month-to-month or year-to-year tenancies under oral contracts;

(18)"Legacy" means a testamentary disposition of personal property;

(19)"Legatee" means a person entitled to personal property under a will;

(20)"Letters" include letters testamentary, letters of administration and letters of guardianship;

(21)"Lien" includes all liens except general judgment, execution and attachment liens;

(22)"Lineal descendants" include adopted children and their descendants;

(23)"Mortgage" includes deed of trust, vendor's lien and chattel mortgage;

(24)"Person" includes natural persons and corporations;

(25)"Personal property" includes interests in goods, money, choses in action, evidences of debt, shares of corporate stock, and chattels real;

(26)"Personal representative" means executor or administrator.It includes an administrator with the will annexed, an administrator de bonis non, an administrator pending contest, an administrator during minority or absence, and any other type of administrator of the estate of a decedent whose appointment is permitted.It does not include an executor de son tort;

(27)"Property" includes both real and personal property;

(28)"Real property" includes estates and interests in land, corporeal or incorporeal, legal or equitable, other than chattels real;

(29)"Registered mail" includes "certified mail" as defined and certified under regulations of the United States Postal Service;

(30)"Will" includes codicil; it also includes a testamentary instrument which merely appoints an executor and a testamentary instrument which merely revokes or revives another will.

(L. 1955 p. 385 § 2, A.L. 1957 p. 829, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45, A.L. 1986 S.B. 787)

Effective 6-03-86

472.141 - Proceedings to be conducted in accordance with rules of procedure — order after action commenced.

1.An adversary probate proceeding shall be governed by the civil code of Missouri and the rules of civil procedure; except that:

(1)Where the probate code or any other statute contains a provision prescribing practice, procedure or pleading, applicable to the pending proceeding, the provisions of the probate code or such statutes shall govern; and

(2)The provisions of chapter 509 and civil rule 55 shall not apply unless specifically made applicable by a provision in the probate code or unless the court enters an order designating all or specific provisions of chapter 509 or civil rule 55 applicable to a particular adversary probate proceeding.

2.If a proceeding is already commenced when the court determines it to be adversary, the court may, on its own motion or on motion of any interested person, enter an order specifying the appropriate provisions of chapter 509 or civil rule 55, which shall govern the proceeding.

3.The civil code of Missouri and the rules of civil procedure shall govern all other actions or proceedings which may be heard by a judge of the probate division pursuant to assignment or otherwise, except as otherwise provided by law.

(L. 1978 H.B. 1634, A.L. 1986 H.B. 1297)

472.445 - Catalogue of electronic communications, disclosure to agent, when.

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:

(1)A written request for disclosure in physical or electronic form;

(2)An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;

(3)A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

(4)If requested by the custodian for the purpose of identifying the correct account of the correct user:

(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or

(b)Evidence linking the account to the principal.

(L. 2018 H.B. 1250)

472.455 - Content of electronic communication, disclosure to trustee, when.

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:

(1)A written request for disclosure in physical or electronic form;

(2)A certified copy of the trust instrument or a certification of the trust under section 456.10-1013 that includes consent to disclosure of the content of electronic communications to the trustee;

(3)A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

(4)If requested by the custodian for the purpose of identifying the correct account of the correct user:

(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or

(b)Evidence linking the account to the trust.

(L. 2018 H.B. 1250)

472.400 - Citation of law.

Sections 472.400 to 472.490 shall be known and may be cited as the "Missouri Fiduciary Access to Digital Assets Act".

(L. 2018 H.B. 1250)

472.300 - Proceedings involving trusts — estates — minors — disabled or incapacitated persons — supervised settlements, procedure.

In judicial proceedings involving trusts or estates of decedents, minors, disabled and incapacitated persons, and in judicially supervised settlements, the following apply:

(1)Interests to be affected shall be described in pleadings which give reasonable information to owners by name or class, by reference to the instrument creating the interest, or in other appropriate manner;

(2)Persons are bound by orders binding others in the following cases:

(a)Orders binding the sole holder or all coholders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, bind other persons to the extent their interests, as objects, takers in default, or otherwise, are subject to the power;

(b)To the extent there is no conflict of interest between them or among persons represented, orders binding a guardian bind the ward; orders binding a conservator bind the protectee; orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will establishing or adding to a trust, to review the acts or accounts of a prior fiduciary and in proceedings involving creditors or other third parties; and orders binding a personal representative bind persons interested in the undistributed assets of a decedent's estate in actions or proceedings by or against the estate.If there is no conflict of interest and no conservator or guardian has been appointed, a parent may represent and bind his minor child;

(c)An unborn or unascertained person who is not otherwise represented is bound by an order to the extent his interest is adequately represented by another party having a substantially identical interest in the proceeding;

(3)Notice is required as follows:

(a)Notice as prescribed by section 472.100 shall be given to every interested person, or to one who can bind an interested person as described in paragraphs (a) and (b) of subdivision (2) above.Notice may be given both to a person and to another who may bind him;

(b)Notice is given to unborn or unascertained persons, who are not represented under paragraph (a) or (b) of subdivision (2) above, by giving notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained persons;

(4)At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, disabled, unborn, or unascertained person, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate.If not precluded by conflict of interests, the same guardian ad litem may be appointed to represent several different persons or interests.

(L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)

472.100 - Notice — court may require — how delivered.

1.No notice to interested persons need be given except as specifically provided for in this code or as ordered by the court.When no notice is required by this code, the court may require such notice as it deems desirable by a general rule or by an order in a particular case.

2.Except as otherwise specifically provided by law, all notices required by this code or the court to be served upon any person shall be served as the court directs, by rule or otherwise, in such manner and at such time as to constitute reasonable notice, in any of the following manners:

(1)By delivering to the person, including a minor or a disabled or incapacitated person not known to have a legally appointed guardian or conservator, a copy of the notice personally or by leaving a copy at his dwelling house or usual place of abode with some person of his family over the age of fifteen years, or by delivering a copy to an agent authorized by appointment or required by law to receive service of process;

(2)By publishing a copy of the notice in some newspaper qualified to publish legal notices under chapter 493 and having general circulation within the county in which the court is held for the time required by law or court rule or order.If no time is fixed by law or by rule of court, the notice shall be published once each week for four consecutive weeks, the last insertion being at least seven days before the hearing.The personal representative, or other person at whose instance any notice by publication is required, may designate the newspaper in which such notice is to be published; but as to any notice which is necessary to the jurisdiction of the court, the clerk shall designate the newspaper unless the personal representative or other person has made such designation and so informed the clerk in writing before the time for commencement of publication.If there is no qualified newspaper published in the county, the notice shall be published in some qualified newspaper published in an adjoining county which has a general circulation within the county in which the court is held or the notice shall be given by posting copies thereof in ten public places in the county as the court directs.If a notice, which is required to be published once a week for more than one time, is published in a daily newspaper, each publication after the first shall appear on the same day of the week on which the first publication was made;

(3)By registered or certified mail, addressed to the person to be notified at his address within the United States, deposited in the United States mail, with all postage charges prepaid, and, if ordered by the court, with a return receipt requested;

(4)By ordinary mail, deposited in the United States mail with all postage charges prepaid at the first class rate, in a sealed envelope or on a post or postal card, properly addressed, bearing the name and return address of the sender and otherwise inscribed in accordance with the regulations of the United States Postal Service to require a return thereof to the sender upon nondelivery to the addressee;

(5)By any combination of the above or as may be provided by the rules of civil procedure.

3.Service by publication is notice to all heirs and devisees, whether known or unknown or whether residents or nonresidents of this state, spouses and to all creditors and other persons interested in the estate.

4.Provisions in this code for notice to interested persons, other than by publication, do not require such notice to creditors unless otherwise specifically required by the code or by the court.

5.Service of notice upon a minor or a disabled or incapacitated person having a legally appointed guardian or conservator, if the fact of the guardianship or conservatorship is known to the person requiring such service or is disclosed by the court files or records, shall be made by serving such guardian or conservator in the manner provided herein for service upon other persons.Service upon a corporation may be made in the manner provided by law for the service of summons on corporations in civil actions.

6.In all cases where service by publication is required but personal service or service by registered or certified mail is not ordered, all interested persons whose names and addresses appear in the court files or records, including creditors only when ordered by the court, shall be served by ordinary mail.Failure in any such case to mail any notice or failure of any interested person to receive any mailed notice does not invalidate any order of the court or deprive the court of jurisdiction.

7.Personal service and service by registered or certified mail may be made by any competent witness, except that service by mail of any process, order or notice issued by the court shall be made by the clerk, or, if personal service is required, by the sheriff.Service by publication and by ordinary mail, except those required by section 473.587, shall be made by the clerk when requested in writing by the party requiring same, and when furnished with the necessary information therefor.

8.If an attorney has entered his appearance in writing for any party in any probate proceeding or matter pending in the court, all notices required to be served on the party in the proceeding or matter may be served on the attorney and such service shall be in lieu of service upon the party for whom the attorney appears.Service on an attorney may be made by ordinary mail or by leaving a copy of any notice or paper at his office with his clerk or with an attorney employed by or associated with the attorney to be served.

(L. 1955 p. 385 § 11, A.L. 1957 p. 829, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)

(1962) Weekly newspaper did not forfeit right theretofore vested in it to publish legal notices by suspending publication the last week in December of one year for vacation purposes and where it resumed continuous weekly publications after the procedure was questioned. State ex rel. Henderson v. Proctor (Mo.), 361 S.W.2d 802.

472.075 - Clerk and certain personnel of probate division to be appointed by judge (St. Louis City).

The clerk and other nonjudicial personnel of the probate division of circuit courts of any city not within a county shall be appointed by the judge of the probate division with the consent of the court en banc, unless otherwise provided by local court rule.

(L. 2004 S.B. 1211)

472.475 - Time period to comply with disclosure requests — denial of request — court order for disclosure or termination — immunity from liability, when.

1.Not later than sixty days after receipt of the information required under sections 472.430 to 472.470, a custodian shall comply with a request under sections 472.400 to 472.490 from a fiduciary or designated recipient to disclose digital assets or terminate an account.If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.

2.An order under subsection 1 of this section directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. Section 2702, as amended.

3.A custodian may notify the user that a request for disclosure or to terminate an account was made under sections 472.400 to 472.490.

4.A custodian may deny a request under sections 472.400 to 472.490 from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.

5.Sections 472.400 to 472.490 do not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under such sections to obtain a court order which:

(1)Specifies that an account belongs to the protected person or principal;

(2)Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and

(3)Contains a finding required by law other than as provided under sections 472.400 to 472.490.

6.A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with sections 472.400 to 472.490.

(L. 2018 H.B. 1250)

472.420 - Terms-of-service agreement, act not to change or impair access — act does not confer expanded rights — effect of federal law.

1.Sections 472.400 to 472.490 shall not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.

2.Sections 472.400 to 472.490 shall not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.

3.A fiduciary's or a designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under section 472.415.

(L. 2018 H.B. 1250)

472.020 - Jurisdiction of probate division of circuit court.

The probate division of the circuit court may hear and determine all matters pertaining to probate business, to granting letters testamentary and of administration, the appointment of guardians and conservators of minors and incapacitated and disabled persons, settling the accounts of personal representatives and conservators, and the sale or leasing of lands by personal representatives and conservators, including jurisdiction of the construction of wills as an incident to the administration of estates, of the determination of heirship, of the administration of testamentary and inter vivos trusts, of disability and incapacity proceedings as provided by law and of such other probate business as may be prescribed by law.

(RSMo 1939 § 2437, A.L. 1955 p. 385 § 3, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 2406; 1919 § 2542; 1909 § 4056

(1959) Court stated "the General Assembly, in its representative capacity, is free to exercise all the primary power of the people in conferring such uniform equitable jurisdiction" referring to jurisdiction in "matters pertaining to probate business".North v. Hawkinson (Mo.), 324 S.W.2d 733.

(1962) Judgment of trial court ordering writ of mandamus to compel probate judge to assume jurisdiction of testamentary trust reversed and supreme court refused to rule on constitutionality of provision conferring jurisdiction of testamentary trusts on probate court where record did not show facts sufficient to present issues for determination. State v. Bradley (Mo.), 358 S.W.2d 38.

(1964) Appointment by probate court of successor trustee of testamentary trust held void and sections 472.020 and 456.225 declared unconstitutional insofar as they purport to grant jurisdiction over testamentary trusts to the probate court. First National Bank of Kansas City v. Mercantile B. & T. Co. (Mo.), 376 S.W.2d 164.

472.120 - Amendment of proof of service.

At any time in its discretion and upon such terms as it deems just, the court may allow any process, return or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.

(L. 1955 p. 385 § 12A)

472.320 - Independent administration of decedents' estates — application of probate code.

The relevant provisions of chapters 472 through 474 apply to independent administration of decedents' estates to the extent that they are not inconsistent with sections 473.780 to 473.843 and 474.293.

(L. 1980 S.B. 634)

Effective 1-01-81

472.430 - Disclosure to personal representative of user's estate, when.

If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:

(1)A written request for disclosure in physical or electronic form;

(2)A certified copy of the death certificate of the user;

(3)A certified copy of the letters testamentary or letters of administration of the representative or a certified copy of the certificate of clerk in connection with a small estate affidavit or court order;

(4)Unless the user provided direction using an online tool, then in the case of user consent to disclosure, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and

(5)If requested by the custodian for the purpose of identifying the correct account of the user:

(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(b)Evidence linking the account to the user; or

(c)A finding by the court that:

a.The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision;

b.Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701, et seq., as amended, 47 U.S.C. Section 222, as amended, or other applicable law;

c.Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or

d.Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.

(L. 2018 H.B. 1250)

472.130 - Waiver of notice.

Any person legally competent may in person or by attorney waive in writing any notice required by this code or by rule or order of court.A personal representative may make waiver either in person or by attorney.A guardian of the estate, conservator, or a guardian ad litem may make a waiver on behalf of his protectee or ward, and a trustee may make a waiver on behalf of the trust.A consul or other representative of a foreign government, whose appearance has been entered as provided by law on behalf of any person residing in a foreign country, may make waiver of notice on behalf of such person.Any person who submits to the jurisdiction of the court in any hearing waives notice thereof.

(L. 1955 p. 385 § 14, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)

472.030 - Powers of court — executions, when returnable — service of process.

The probate division of the circuit court has the same legal and equitable powers to effectuate and to enforce its orders, judgments and decrees in probate matters as circuit judges have in other matters and its executions shall be governed by chapter 513 and the applicable supreme court rule, except that all executions shall be returnable within thirty days unless otherwise ordered by the court.All process of the court may be served anywhere within the territorial limits of the state.

(L. 1955 p. 385 § 4, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)

Effective 1-01-81

(1961) This section is not a grant to probate courts of jurisdiction in purely equitable matters. Whatever equitable powers a probate court may exercise by virtue of this section must be employed in the discharge of its jurisdiction in probate matters. Stark v. Moffit (A.), 352 S.W.2d 165.

(1964) Where deceased, collecting agent of gas company, wrongfully deposited collections in his personal account, deposit created trust fund for benefit of gas company and the tracing of collections into the bank account was a proper exercise of equitable powers by the probate court. In re Meyers' Estate (Mo.), 376 S.W.2d 219.

(1987) Order granting special notice of probate hearings to interested person pursuant to this section was not subject to interlocutory appeal. Cordes v. Caldwell, 731 S.W.2d 463 (Mo.App.)

472.330 - Approval of act or transaction in best interests of estate.

Notwithstanding any other provision of this chapter, chapter 473, chapter 474, and chapter 475 to the contrary, upon a finding that an act or transaction was or is in the best interest of the estate, the court may approve, ratify, confirm and validate any act or transaction performed by the personal representative of the estate, without court authorization which the court would have had power under this chapter, chapter 473, and chapter 474 to authorize the personal representative to conduct.

(L. 1993 S.B. 88 § 2)

472.465 - Conservator access, opportunity for hearing — disclosures to conservator, when.

1.After an opportunity for a hearing under Missouri conservatorship law, the court may grant a conservator access to the digital assets of a protected person.

2.Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian:

(1)A written request for disclosure in physical or electronic form;

(2)A certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and

(3)If requested by the custodian for the purpose of identifying the correct account of the correct user:

(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or

(b)Evidence linking the account to the protected person.

3.A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause.A request made under this subsection shall be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property.

(L. 2018 H.B. 1250)

472.435 - Catalogue of electronic communications disclosed to personal representative, when.

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:

(1)A written request for disclosure in physical or electronic form;

(2)A certified copy of the death certificate of the user;

(3)A certified copy of the letters testamentary or letters of administration of the representative or a certified copy of certificate of clerk in connection with a small-estate affidavit or court order; and

(4)If requested by the custodian for the purpose of identifying the correct account of the correct user:

(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(b)Evidence linking the account to the user;

(c)An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or

(d)A finding by the court that:

a.The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision; or

b.Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

(L. 2018 H.B. 1250)

472.135 - Waiver of legal requirements, when — limitation on waiver.

Any heir, devisee, or the guardian or conservator of any heir or devisee under disability then interested in the estate may waive, in writing, any requirement imposed upon the personal representative by the provisions of chapter 472, 473, or 474 of this code; provided, that such waiver does not adversely affect the rights of creditors or other persons interested in the estate.

(L. 1980 S.B. 637)

Effective 1-01-81

472.335 - Power of court to confirm and validate acts — acts included.

The power of the court to approve, ratify, confirm and validate acts or transactions entered into by a personal representative of the estate without court authorization includes, without limitation, retention of real or personal property, compromises of claims by and against the estate, purchases, sales, mortgages, exchanges, abandonment, leases of any duration, improvements, contracts to improve, contracts to sell, contracts to purchase, and contracts to exchange and grants of options, easements, profits or other rights with respect to land or other property.It also includes, without limitation, payment of a mortgage indebtedness on the real estate of the decedent out of the personal estate and purchase of real estate at a sale made under a mortgage, deed of trust, vendor's lien or other lien held by the decedent.

(L. 1993 S.B. 88 § 3, A.L. 2009 H.B. 239)

472.060 - Disqualification of judge.

No judge of probate shall sit in a case in which the judge is interested, or in which the judge is biased or prejudiced against any interested party, or in which the judge has been counsel or a material witness, or when the judge is related to either party, or in the determination of any cause or proceeding in the administration and settlement of any estate of which the judge has been personal representative, conservator, or guardian, when any party in interest objects in writing, verified by affidavit; and when the objections are made, the cause shall be transferred to another judge, in accordance with the provisions of section 478.255, who shall hear and determine same; and the clerk of the circuit court or division clerk shall deliver to the probate division of the circuit court a full and complete transcript of the judgment, order or decree made in the cause, which shall be kept with the papers in the office pertaining to such cause.

(RSMo 1939 § 2444, A.L. 1955 p. 385 § 7, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2005 S.B. 420 & 344)

Prior revisions: 1929 § 2053; 1919 § 2549; 1909 § 4063

(1980) The power to disqualify a judge as to any further proceedings with an estate is to be liberally construed and will apply to all pending matters to preclude the judge from resuming jurisdiction. State ex rel. Campbell v. Kohn (A.), 606 S.W.2d 399.

472.160 - Appeal — when — grounds for.

1.Any interested person aggrieved thereby may appeal to the appropriate appellate court from the order, judgment or decree of the probate division of the circuit court in any of the following cases:

(1)On the allowance of any claim against an estate exceeding one hundred dollars;

(2)On all settlements of the personal representative;

(3)On all apportionments among creditors, legatees or distributees;

(4)On all orders directing the payment of legacies, making distribution or making allowances to the surviving spouse or unmarried minor children;

(5)On all orders for the sale of assets of the probate estate;

(6)On all orders for the sale of real estate;

(7)On judgments for waste;

(8)On proceedings to recover balances escheated to the state;

(9)On all orders revoking letters testamentary or of administration;

(10)On orders making allowances for the expenses of administration;

(11)On orders for the specific execution of contracts;

(12)On orders compelling legatees and distributees to refund;

(13)On all orders denying any of the foregoing requested actions;

(14)In all other cases where there is a final order or judgment of the probate division of the circuit court under this code except orders admitting to or rejecting wills from probate.

2.No appeal shall be allowed from any order or denial of an order made by the clerk under section 472.070 unless a motion to modify or vacate such order has been denied by the court, but no such motion is necessary to an appeal from any order made, denied or refused by the judge.

(RSMo 1939 § 283, A.L. 1955 p. 385 § 17, A.L. 1957 p. 829, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637)

Prior revisions: 1929 § 284; 1919 § 282; 1909 § 289

Effective 1-01-81

(1966) The right to appeal and whether an appellant is a party aggrieved within the meaning of §§ 472.160 and 512.020 are jurisdictional questions which may be raised at any time and by the court itself. In re Fusz' Estate (Mo.), 397 S.W.2d 595.

(1967) For a party to have the right of appeal as "aggrieved" by the judgment he must have a direct pecuniary interest in the result of the litigation. In re Estate of Soengen (A.), 412 S.W.2d 533.

(1969) There is no right of appeal from a probate court order vacating a void judgment. State ex rel. Travelers Indemnity Co. v. Swink (A.), 440 S.W.2d 152.

(1971) A natural mother qualifies as an "interested person" in the appointment of a guardian for the child's estate, and, having a right to such appointment "if otherwise qualified" a mother would be aggrieved by a final order of the probate court which disqualified her from that office with right of appeal to circuit court. State ex rel. Pope v. Lisle (A.), 469 S.W.2d 841.

(1974) Held that order for partial compensation of attorney was not a final judgment and was not appealable. In re the Estate of Ritter (A.), 510 S.W.2d 188.

(1974) Held that an order to sell personal property in order to satisfy a tax lien is not an appealable order under this section.Poletti v. Estate of Poletti (A.), 510 S.W.2d 850.

(1992) Where court issued order advising that it would issue letters of administration to decedent's putative son and denied motion of decedent's family to prevent such appointment, such order is not appealable.Family did not wait until letters were issued and then move to revoke the letter.Statute authorizes an appeal of an order denying the revocation of letters.Matter of Nocita, 845 S.W.2d 574 (Mo. App. E.D.).

472.460 - Catalogue of electronic communications, disclosure to trustee, when.

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:

(1)A written request for disclosure in physical or electronic form;

(2)A certified copy of the trust instrument or a certification of the trust under section 456.10-1013;

(3)A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

(4)If requested by the custodian for the purpose of identifying the correct account of the correct user:

(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or

(b)Evidence linking the account to the trust.

(L. 2018 H.B. 1250)

472.170 - Appeals from orders as to mental condition — procedure — operates as supersedeas, when — appointment of guardian — review.

1.Appeals shall be allowed from the probate division of the circuit court to the appropriate appellate court in any case in which a final adjudication in an investigation of the mental condition of any person alleged to be disabled, incapacitated, or mentally ill has been made.The appeal may be made by the petitioner who applied for such adjudication, or by the person alleged to be disabled, incapacitated, or mentally ill, or by any relative of such person, or by any reputable citizen of the county in which the hearing occurred, or by an attorney for any of the foregoing persons.Such an appeal shall not operate as a supersedeas pending the determination of such appeal of any such adjudication or any order or judgment of the probate division based upon such adjudication except to the extent it is specifically provided by the probate division in an order entered at the time of or after the notice of appeal has been filed.The probate division shall in such order allow supersedeas of any order or judgment of commitment or confinement of such person unless it is found that such person by reason of his mental condition is so far disordered in his mind as to endanger his own person or the person or property of others; and the probate division may, in its discretion, allow supersedeas of such adjudication and other orders and judgments of the probate division based thereon, in whole or in part.

2.If the probate division of the circuit court finds that the alleged disabled person is incapable of managing his affairs and refuses to allow supersedeas, the probate division of the circuit court may appoint a guardian ad litem to collect, protect, and preserve the alleged disabled person's assets and, on order of the circuit court, disburse funds for the necessary support and maintenance of the alleged disabled person and those members of his family who are dependent upon him.The appointment of the guardian ad litem as well as the decision of the probate division of the circuit court as to supersedeas may be reviewed by the appellate court on motion by an interested party at any time after the notice of appeal has been filed.

(RSMo 1939 § 284, A.L. 1955 p. 385 § 18, A.L. 1965 p. 632, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)

Prior revision: 1929 § 285

472.070 - Powers of clerk.

1.The clerk of the probate division may take acknowledgments, administer oaths, and certify and authenticate copies of instruments, documents and records of the court, and perform the usual functions of his office.

2.Subject to control of the judge of the probate division, the clerk of the probate division may issue notices and make all necessary orders for the hearing of any petition or other matter to be heard in the court.

3.If a matter is not contested, the clerk may hear and determine it and make all orders, judgments and decrees in connection therewith which the judge could make, subject to be set aside or modified by the judge at any time within thirty days thereafter; but if not set aside or modified, the orders, judgments and decrees made by the clerk shall have the same effect as if made by the judge.

4.The judge may act as clerk ex officio, whenever the business of the court requires.

5.A seal is authorized for the probate division of the circuit court which shall be kept in the custody of the judge or the clerk of the probate division.

(L. 1955 p. 385 § 8, A.L. 1978 H.B. 1634)

Effective 1-02-79

472.470 - Fiduciary, legal duties — authority over user's digital assets and property — request to terminate user's account.

1.The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:

(1)The duty of care;

(2)The duty of loyalty; and

(3)The duty of confidentiality.

2.A fiduciary's or designated recipient's authority with respect to a digital asset of a user:

(1)Except as otherwise provided in section 472.415, is subject to the applicable terms-of-service agreement;

(2)Is subject to other applicable law, including copyright law;

(3)In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and

(4)May not be used to impersonate the user.

3.A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.

4.A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including Missouri law on unauthorized computer access.

5.A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:

(1)Has the right to access the property and any digital asset stored in it; and

(2)Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including Missouri law on unauthorized computer access.

6.A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

7.A fiduciary of a user may request a custodian to terminate the user's account.A request for termination shall be in writing, in either physical or electronic form, and accompanied by:

(1)If the user is deceased, a certified copy of the death certificate of the user;

(2)A certified copy of the letter of testamentary or letters of administration of the representative or a certified copy of the certificate of clerk in connection with a small-estate affidavit or court order, power of attorney, or trust giving the fiduciary authority over the account; and

(3)If requested by the custodian for the purpose of identifying the correct account of the correct user:

(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(b)Evidence linking the account to the user; or

(c)A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision.

(L. 2018 H.B. 1250)

472.425 - Authority of custodian — assessment of cost — partial disclosure, authority of custodian — undue burden, court order.

1.When disclosing digital assets of a user under sections 472.400 to 472.490, the custodian may at its sole discretion:

(1)Grant a fiduciary or designated recipient full access to the user's account;

(2)Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or

(3)Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.

2.A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under sections 472.400 to 472.490.

3.A custodian shall not disclose under sections 472.400 to 472.490 a digital asset deleted by a user.

4.If a user directs or a fiduciary requests a custodian to disclose under sections 472.400 to 472.490 some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian.If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:

(1)A subset limited by date of the user's digital assets;

(2)All of the user's digital assets to the fiduciary or designated recipient;

(3)None of the user's digital assets; or

(4)All of the user's digital assets to the court for review in camera.

(L. 2018 H.B. 1250)

472.025 - State may be party to proceedings — service.

Proceedings may be conducted under section 473.083 or any other section of chapters 472 and 473 when the state of Missouri or any department or agency thereof is a necessary or proper party defendant or interested therein, directly or indirectly, as devisee, claimant by way of escheat, claimant as creditor, or otherwise.Service of process and notices upon the state of Missouri or any department or agency thereof may be made by delivery to the prosecuting attorney of the county.

(L. 1967 p. 639 § 1, A.L. 1980 S.B. 637)

Effective 1-01-81

472.150 - Vacation and modification of judgments.

For good cause, before the expiration of the period allowed for appeal after the order of final distribution of the administration of the estate of a decedent or ward, the court may vacate or modify its orders, judgments and decrees, or grant a rehearing therein, except that no such power shall exist as to any orders, judgments or decrees from which an appeal has been taken, prior to a final disposition thereof on such appeal, or to set aside the probate of a will after the time allowed for contest thereof.No vacation or modification under this section affects any act done or any right acquired in reliance on any such order, judgment or decree.

(L. 1955 p. 385 § 16)

(1957) Motion to cancel and revoke letters of administration held direct and not collateral attack on order granting same in view of this section. In re Estate of Dugan (A.), 309 S.W.2d 137.

472.050 - Court open, when — sessions — time for acts.

The court shall be open for the transaction of probate business at all reasonable hours.The judge of the probate division of circuit court may by order provide for the holding of sessions of the court at regular recurring times for the purpose of hearing claims, settlements and other matters but no such order shall prohibit the hearing and determination of any proceeding before the court at any time when necessary to promote the ends of justice nor shall such order be inconsistent with rules of court.If the last day on which any act is required to be performed in the court falls on any day on which the court is not open the same shall be performed on the next succeeding day on which the court is open.

(L. 1955 p. 385 § 6, A.L. 1978 H.B. 1634)

Effective 1-02-79

472.450 - Disclosures to trustee.

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of the electronic communications.

(L. 2018 H.B. 1250)

472.405 - Definitions.

As used in sections 472.400 to 472.490, the following terms mean:

(1)"Access", includes view, marshal, manage, copy, distribute, or delete;

(2)"Account", an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user;

(3)"Agent", an attorney-in-fact granted authority under a durable or nondurable power of attorney;

(4)"Carries", engages in the transmission of electronic communications;

(5)"Catalogue of electronic communications", information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person;

(6)"Conservator", a person appointed by a court to have the care and custody of the estate of a minor or a disabled person.A "limited conservator" is one whose duties or powers are limited.The term "conservator", as used in sections 472.400 to 472.490, includes limited conservator unless otherwise specified or apparent from the context;

(7)"Content of an electronic communication", information concerning the substance or meaning of the communication which:

(a)Has been sent or received by a user;

(b)Is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public; and

(c)Is not readily accessible to the public;

(8)"Court", any court with competent jurisdiction within this state;

(9)"Custodian", a person that carries, maintains, processes, receives, or stores a digital asset of a user;

(10)"Designated recipient", a person chosen by a user using an online tool to administer digital assets of the user;

(11)"Digital asset", an electronic record in which an individual has a right or interest.The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record;

(12)"Electronic", relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

(13)"Electronic communication", has the same meaning as set forth in 18 U.S.C. Section 2510(12), as amended;

(14)"Electronic communication service", a custodian that provides to a user the ability to send or receive an electronic communication;

(15)"Fiduciary", an original, additional, or successor personal representative, conservator, agency, or trustee;

(16)"Information", data, text, images, videos, sounds, codes, computer programs, software, databases, or the like;

(17)"Online tool", an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person;

(18)"Person", an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity;

(19)"Personal representative", executor or administrator, including an administrator with the will annexed, an administrator de bonis non, an administrator pending contest, an administrator during minority or absence, and any other type of administrator of the estate of a decedent whose appointment is permitted, or any person who performs substantially the same function under the law of Missouri, including without limitation an affiant who has filed a small estate affidavit under section 473.097.It does not include an executor de son tort;

(20)"Power of attorney", a record that grants an agent authority to act in the place of a principal;

(21)"Principal", an individual who grants authority to an agent in a power of attorney;

(22)"Protected person", an individual for whom a conservator has been appointed, including a protectee, a disabled person, and an individual for whom an application for the appointment of a conservator is pending;

(23)"Record", information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(24)"Remote computing service", a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. Section 2510(14), as amended;

(25)"Terms-of-service agreement", an agreement that controls the relationship between a user and a custodian;

(26)"Trustee", a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another, including an original, additional, and successor trustee, and a co-trustee;

(27)"User", a person that has an account with a custodian;

(28)"Will", includes a testamentary instrument, a codicil, a testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.

(L. 2018 H.B. 1250)

472.005 - Application, when — effect on pending proceedings and rights.

This act* shall apply to the estates of persons whose deaths occur on or after January 1, 1981.The procedures herein prescribed shall govern all proceedings in probate then pending, except to the extent that, in the opinion of the court, their application in particular proceedings or parts thereof would not be feasible or would work injustice, in which event the former procedure shall apply.No act done in any proceeding commenced before January 1, 1981, and no accrued right shall be impaired by its provisions.When a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provision of any statute in force before this act* takes effect, such provision shall remain in force and be deemed a part of the probate code with respect to such right except as otherwise provided therein.

(L. 1980 S.B. 637)

Effective 1-01-81

*This act was known as the "Probate Code", which includes chapters 472, 473 and 474.

(1955) Will construed and words "descendants of a deceased child" of testator held to include an adopted child of testator's deceased son. Hayes v. St. Louis Union Trust Co. (Mo.), 280 S.W.2d 649.

(1958) Devise of undivided one-half interest in realty to testator's son for life and at his death to his children absolutely but if he should die without issue living then to other son for life and at his death to other son's "heirs at law" was construed according to statute of descent and distribution in effect when second life tenant died rather than statute in effect at execution of will and testator's death and thus widow of second life tenant took one-half of the undivided one-half interest against contention that testator indicated intent that land go to his descendants. Thomas v. Higginbotham (Mo.), 318 S.W.2d 234.

(1959) Evidence held to establish domicile in state of Louisiana by prior resident of this state who had died, for the purpose of determining where his estate should be dispersed. In re Toler's Estate (Mo.), 325 S.W.2d 755.

(1965) As used in subsection 2 of § 475.320, the word "debts" is the substantial equivalent of "claims", which is defined in this section, subdivision (4), as including liabilities of the decedent which survive whether arising in contract or in tort or otherwise, funeral expenses, the expense of a tombstone and costs, and expenses of administrator. State v. Hollenbeck (A.), 394 S.W.2d 82.

(1974) Provision in will that executor gave to pastor of a named church a sum for masses to be said entitled the pastor to receive as a gift personal property and he was a "legatee" and a necessary party to suit to set aside will. Kane v. Mercantile Trust Co. National Association (Mo.), 513 S.W.2d 362.

472.415 - Disclosure of digital assets, use of online tool to direct custodian — use of will, trust, power of attorney to give direction.

1.A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications.If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.

2.If a user has not used an online tool to give direction under subsection 1 of this section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.

3.A user's direction under subsection 1 or 2 of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms-of-service.

(L. 2018 H.B. 1250)

472.040 - Costs.

In all suits and other proceedings in the probate division of the circuit court, the party prevailing shall recover his costs against the other party, except in those cases in which a different provision is made by law.Whenever costs are given against executors and administrators, the estate shall pay the costs.Parties presenting claims against estates, for the same causes and in the same manner, may be ruled to give security for costs, as is provided in practice in civil cases.

(RSMo 1939 § 203, A.L. 1955 p. 385 § 5, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 204; 1919 § 203; 1909 § 212

Effective 1-02-79

CROSS REFERENCE:

Probate fees, 483.580

472.140 - Record kept — adversary probate proceeding defined.

1.A record shall be kept in any adversary probate proceeding in a probate division of the circuit court.At the discretion of the judge, but in compliance with the rules of the supreme court, the record may be a stenographic record or one made by the utilization of electronic, magnetic, or mechanical sound or video recording devices.

2."Adversary probate proceeding" as used in this section and in section 472.141 means any proceeding brought pursuant to any provision of chapters 472, 473, 474, and 475 which requires, as a condition precedent to an entry of an order or judgment on the merits, notice of hearing to persons interested in the proceeding, except that proceedings to sell real property or to make final settlement and except that notices that letters have been granted, for unknown heirs, to file interim settlements, of the right of the surviving spouse to elect to take against the will and in guardianship estates in which the Veterans Administration is a party in interest as to petitions by the conservator to disburse funds and as to settlements of conservators shall not be deemed to be adversary unless and until an interested person files objections to the action proposed or the account stated.An "adversary probate proceeding" shall also mean any other probate proceeding determined by the judge of the probate division to be an adversary proceeding.

3.The judge on his motion, or on the request of an interested person, may direct the keeping of a record of any hearing in a probate proceeding.The judge in his discretion may require the party requesting the record to give security for the payment of the costs thereof and may assess the costs of making the record against any party to the proceedings.

(L. 1955 p. 385 § 15, A.L. 1978 H.B. 1634, A.L. 1986 H.B. 1297)

472.440 - Disclosure to agent, when.

To the extent a power of attorney expressly grants an agent authority over the content of an electronic communication sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:

(1)A written request for disclosure in physical or electronic form;

(2)An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

(3)A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

(4)If requested by the custodian for the purpose of identifying the correct account of the correct user:

(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or

(b)Evidence linking the account to the principal.