§ 472.005 Application, when — effect on pending proceedings and rights
§ 472.010 Definitions
§ 472.013 Fraud under probate code — remedy — procedure
§ 472.020 Jurisdiction of probate division of circuit court
§ 472.025 State may be party to proceedings — service
§ 472.030 Powers of court — executions, when returnable — service of process
§ 472.040 Costs
§ 472.050 Court open, when — sessions — time for acts
§ 472.060 Disqualification of judge
§ 472.070 Powers of clerk
§ 472.075 Clerk and certain personnel of probate division to be appointed by judge ..
§ 472.080 Documents filed with court, form — content
§ 472.090 Objections to petition, form
§ 472.100 Notice — court may require — how delivered
§ 472.110 Proof of service
§ 472.120 Amendment of proof of service
§ 472.130 Waiver of notice
§ 472.135 Waiver of legal requirements, when — limitation on waiver
§ 472.140 Record kept — adversary probate proceeding defined
§ 472.141 Proceedings to be conducted in accordance with rules of procedure — order ..
§ 472.150 Vacation and modification of judgments
§ 472.160 Appeal — when — grounds for
§ 472.170 Appeals from orders as to mental condition — procedure — operates as ..
§ 472.180 Time for appeal
§ 472.190 Appeals stayed or consolidated, when
§ 472.210 Appeals, procedure
§ 472.280 Records of probate division of circuit court — may be kept by means other ..
§ 472.290 Rules of evidence to apply — exceptions — specific rules
§ 472.300 Proceedings involving trusts — estates — minors — disabled or incapacitated ..
§ 472.320 Independent administration of decedents’ estates — application of probate code
§ 472.330 Approval of act or transaction in best interests of estate
§ 472.335 Power of court to confirm and validate acts — acts included
§ 472.400 Citation of law
§ 472.405 Definitions
§ 472.410 Applicability
§ 472.415 Disclosure of digital assets, use of online tool to direct custodian — use ..
§ 472.420 Terms-of-service agreement, act not to change or impair access — act does ..
§ 472.425 Authority of custodian — assessment of cost — partial disclosure, authority ..
§ 472.430 Disclosure to personal representative of user’s estate, when
§ 472.435 Catalogue of electronic communications disclosed to personal ..
§ 472.440 Disclosure to agent, when
§ 472.445 Catalogue of electronic communications, disclosure to agent, when
§ 472.450 Disclosures to trustee
§ 472.455 Content of electronic communication, disclosure to trustee, when
§ 472.460 Catalogue of electronic communications, disclosure to trustee, when
§ 472.465 Conservator access, opportunity for hearing — disclosures to conservator, when
§ 472.470 Fiduciary, legal duties — authority over user’s digital assets and property ..
§ 472.475 Time period to comply with disclosure requests — denial of request — court ..
§ 472.480 Construction of act, considerations
§ 472.485 Certain federal laws, act’s impact on
§ 472.490 Severability clause
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Terms Used In Missouri Laws > Chapter 472 - Probate Code -- General Provisions

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes administrator where the subject matter applies to an administrator. See Missouri Laws 1.020
  • Fiduciary: A trustee, executor, or administrator.
  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: if used in a section in a context relating to property rights or obligations, means conservator of the estate as defined in chapter 475. See Missouri Laws 1.020
  • Guardianship: if used in a section in a context relating to rights and obligations other than property rights or obligations, means guardian of the person as defined in chapter 475. See Missouri Laws 1.020
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Missouri Laws 1.020
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probate: Proving a will
  • Property: includes real and personal property. See Missouri Laws 1.020
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes such district and territories. See Missouri Laws 1.020
  • Ward: if used in a section in a context relating to the property rights and obligations of a person, means a protectee as defined in chapter 475. See Missouri Laws 1.020