§ 474.010 General rules of descent
§ 474.015 Failure to survive decedent by 120 hours deemed predecease of decedent — ..
§ 474.020 Lineals take per capita and per stirpes, when
§ 474.030 Partial intestacy
§ 474.040 Collaterals of half blood inherit, how
§ 474.050 Posthumous children to inherit
§ 474.060 Determination of relationship of parent and child — adopted person is child ..
§ 474.070 Legitimation by marriage
§ 474.080 Issue of void or dissolved marriage, legitimate
§ 474.090 Advancements counted against share, when — evaluation
§ 474.100 Alienage no bar to descent
§ 474.110 Curtesy and dower abolished
§ 474.120 Inheritance and statutory rights deemed waived, when
§ 474.130 Estate conveyed determines on failure of contractual bar
§ 474.140 Inheritance and statutory rights barred on misconduct of spouse
§ 474.150 Gifts in fraud of marital rights — presumptions on conveyances
§ 474.155 Contract to make will or devise, revoke or not revoke will or devise, or to ..
§ 474.160 Election by surviving spouse to take against will, effect
§ 474.163 Valuation of estate, how determined
§ 474.170 Notice of right to elect
§ 474.180 Time for making of election
§ 474.190 Form of election, filing
§ 474.200 Right of election personal to surviving spouse
§ 474.220 Waiver of right to elect
§ 474.230 Effect of failure to elect to take against will
§ 474.235 Share of omitted spouse
§ 474.240 Share of omitted children, how determined
§ 474.250 Exempt property of surviving spouse or minor children
§ 474.260 One year support allowance, property in lieu thereof — allowance exempt ..
§ 474.270 Exempt property applied for, when
§ 474.280 Proceeds of sale of exempt property paid over, when
§ 474.290 Homestead allowance — partition of real estate selected, procedure — waiver
§ 474.293 Provision of family allowance by independent personal representative — ..
§ 474.300 Effect of death of spouse or child or marriage of minor on family and ..
§ 474.310 Who may make will
§ 474.320 Will form, execution, attestation
§ 474.330 Who may witness will — effect of interest in will
§ 474.333 Will may provide for disposal of personal property by separate list
§ 474.337 Written will self-proved, how
§ 474.340 Nuncupative wills
§ 474.350 Revocation of nuncupative will
§ 474.360 Written will valid if executed in compliance with law
§ 474.370 Foreign wills, recorded when, evidence
§ 474.380 Probate of foreign wills
§ 474.382 Wills and trusts, English translation required, costs
§ 474.390 Contest of foreign will
§ 474.395 No-contest clauses, application of, petition may be filed — definition
§ 474.400 Revocation of wills
§ 474.410 Revocation of subsequent will also revokes first will — exception
§ 474.420 Change in circumstances — divorce
§ 474.425 Property given by testator during life treated as satisfaction of devise, ..
§ 474.430 Court to conform to directions of will
§ 474.435 Class gift terminology includes certain persons and relationships, how ..
§ 474.440 Bond to convey does not revoke devise
§ 474.450 Encumbrance does not revoke devise — exoneration, when
§ 474.455 Devisee who does not survive testator by 120 hours treated as predeceasing ..
§ 474.460 Testator surviving devisee, effect
§ 474.463 Exchange of securities not to adeem specific legacy
§ 474.465 Failure of devise to become part of residue
§ 474.470 Rule in Shelley’s case abolished, effect
§ 474.480 Devise deemed to convey fee simple, when
§ 474.500 Wills of land to be recorded, where
§ 474.510 Deposit of will in court in testator’s lifetime
§ 474.520 Construction of will
§ 474.530 Wills heretofore probated, effect — evidence
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Terms Used In Missouri Laws > Chapter 474 - Probate Code -- Intestate Succession and Wills

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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
  • Bequest: Property gifted by will.
  • Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
  • 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.
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Donee: The recipient of a gift.
  • Dower: A widow
  • 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.
  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • Heretofore: means any time previous to the day when the statute containing it takes effect. See Missouri Laws 1.020
  • 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.
  • Legacy: A gift of property made by will.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Month: means a calendar month, and "year" means a calendar year unless otherwise expressed, and is equivalent to the words year of our Lord. See Missouri Laws 1.020
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Probate: Proving a will
  • Property: includes real and personal property. See Missouri Laws 1.020
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • 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
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • United States: includes such district and territories. See Missouri Laws 1.020
  • Venue: The geographical location in which a case is tried.