Effective - 28 Aug 1995
461.042. Survival required. — 1. An individual who is a beneficiary of a nonprobate transfer shall not be entitled to a transfer unless the individual survives the owner by one hundred twenty hours.
2. If an owner provides and the transferring entity accepts, or if a governing instrument or applicable law provides, a period of survival different than one hundred twenty hours, the period designated shall determine the survival requirement of beneficiaries under this section. An owner and transferring entity may agree that certain circumstances raise a different presumption of survival or nonsurvival.
3. This section does not apply to survivorship rights of joint owners.
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(L. 1989 H.B. 145 § 31, A.L. 1995 S.B. 116)
Structure Missouri Revised Statutes
Title XXXI - Trusts and Estates of Decedents and Persons Under Disability
Chapter 461 - Nonprobate Transfers Law
Section 461.001 - Transfers on death, certain provisions deemed nontestamentary, exceptions.
Section 461.003 - Law, how cited.
Section 461.005 - Definitions.
Section 461.012 - Nonprobate transfers subject to agreement of transferring entity, when.
Section 461.014 - Transferring entity, obligation resulting from acceptance and registration.
Section 461.021 - Beneficiary designation under written instrument or law, effect.
Section 461.023 - Assignments effective on death of owner — delivery, effect.
Section 461.025 - Deeds effective on death of owner — recording, effect.
Section 461.026 - Procedure to transfer tangible personal property to take effect on death of owner.
Section 461.033 - Revocation or change of beneficiaries designation.
Section 461.042 - Survival required.
Section 461.045 - Lineal descendant substitutes.
Section 461.062 - Nonprobate transfer rules.
Section 461.065 - Transferring entity, protection.
Section 461.071 - Rights of creditors.
Section 461.073 - Scope and application of law.
Section 461.076 - Jurisdiction of probate division of circuit court.
Section 461.081 - Nonprobate transfer laws to be effective when — prior transfers to be valid.