Effective - 01 Jul 1997
474.510. Deposit of will in court in testator's lifetime. — 1. A will may be deposited by the person making it, or by such person's agent, with the probate division of any circuit court, to be safely kept until delivered or disposed of as hereinafter provided. The clerk of the court shall receive and keep the will, and give a certificate of deposit for it.
2. Every will intended to be deposited shall be sealed in an appropriate manner approved by the circuit court, en banc, subject to administrative rules of the supreme court, which shall have endorsed thereon "Will of", followed by the name of the testator. The clerk of the court shall endorse thereon the day when, and the person by whom, it was delivered. The wrapper may also be endorsed with the name of the person to whom the will is to be delivered after the death of the testator. It shall not be opened or read until delivered to a person entitled to receive it, or otherwise disposed of as hereinafter provided.
3. During the lifetime of the testator, the will shall be delivered only to such testator, or to some person authorized by such testator by an order in writing duly proved by the oath of a subscribing witness. After the testator's death, the clerk shall notify the person named in the endorsement on the wrapper of the will, if there is a person so named, and deliver it to such person.
4. If the will is not delivered to a person named in the endorsement on the wrapper, it shall be publicly opened in the court within thirty days after notice of the testator's death, and be retained by the court until offered for probate. Notice shall be given to the executor named therein and to such other persons as the court may designate. If the proper venue is in another court, the will shall be transmitted to such court; but before such transmission a true copy thereof shall be made and retained in the court in which the will was deposited.
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(L. 1955 p. 385 § 280, A.L. 1978 H.B. 1634, A.L. 1996 S.B. 869)
Effective 7-01-97
CROSS REFERENCE:
Fees required by probate division for deposit of will with the court prior to death of testator for safekeeping, 488.1010.
Structure Missouri Revised Statutes
Title XXXI - Trusts and Estates of Decedents and Persons Under Disability
Chapter 474 - Probate Code — Intestate Succession and Wills
Section 474.010 - General rules of descent.
Section 474.020 - Lineals take per capita and per stirpes, when.
Section 474.030 - Partial intestacy.
Section 474.040 - Collaterals of half blood inherit, how.
Section 474.050 - Posthumous children to inherit.
Section 474.070 - Legitimation by marriage.
Section 474.080 - Issue of void or dissolved marriage, legitimate.
Section 474.090 - Advancements counted against share, when — evaluation.
Section 474.100 - Alienage no bar to descent.
Section 474.110 - Curtesy and dower abolished.
Section 474.120 - Inheritance and statutory rights deemed waived, when.
Section 474.130 - Estate conveyed determines on failure of contractual bar.
Section 474.140 - Inheritance and statutory rights barred on misconduct of spouse.
Section 474.150 - Gifts in fraud of marital rights — presumptions on conveyances.
Section 474.160 - Election by surviving spouse to take against will, effect.
Section 474.163 - Valuation of estate, how determined.
Section 474.170 - Notice of right to elect.
Section 474.180 - Time for making of election.
Section 474.190 - Form of election, filing.
Section 474.200 - Right of election personal to surviving spouse.
Section 474.220 - Waiver of right to elect.
Section 474.230 - Effect of failure to elect to take against will.
Section 474.235 - Share of omitted spouse.
Section 474.240 - Share of omitted children, how determined.
Section 474.250 - Exempt property of surviving spouse or minor children.
Section 474.270 - Exempt property applied for, when.
Section 474.280 - Proceeds of sale of exempt property paid over, when.
Section 474.290 - Homestead allowance — partition of real estate selected, procedure — waiver.
Section 474.310 - Who may make will.
Section 474.320 - Will form, execution, attestation.
Section 474.330 - Who may witness will — effect of interest in will.
Section 474.333 - Will may provide for disposal of personal property by separate list.
Section 474.337 - Written will self-proved, how.
Section 474.340 - Nuncupative wills.
Section 474.350 - Revocation of nuncupative will.
Section 474.360 - Written will valid if executed in compliance with law.
Section 474.370 - Foreign wills, recorded when, evidence.
Section 474.380 - Probate of foreign wills.
Section 474.382 - Wills and trusts, English translation required, costs.
Section 474.390 - Contest of foreign will.
Section 474.395 - No-contest clauses, application of, petition may be filed — definition.
Section 474.400 - Revocation of wills.
Section 474.410 - Revocation of subsequent will also revokes first will — exception.
Section 474.420 - Change in circumstances — divorce.
Section 474.430 - Court to conform to directions of will.
Section 474.435 - Class gift terminology includes certain persons and relationships, how determined.
Section 474.440 - Bond to convey does not revoke devise.
Section 474.450 - Encumbrance does not revoke devise — exoneration, when.
Section 474.460 - Testator surviving devisee, effect.
Section 474.463 - Exchange of securities not to adeem specific legacy.
Section 474.465 - Failure of devise to become part of residue.
Section 474.470 - Rule in Shelley's case abolished, effect.
Section 474.480 - Devise deemed to convey fee simple, when.
Section 474.500 - Wills of land to be recorded, where.
Section 474.510 - Deposit of will in court in testator's lifetime.
Section 474.520 - Construction of will.
Section 474.530 - Wills heretofore probated, effect — evidence.