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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

Effective - 28 Aug 2019, 2 histories bottom

  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.  Under the provisions of subsections 4 and 5 of section 209.625, assets held in an ABLE account established under sections 209.600 to 209.645 shall not be considered the property of the designated beneficiary of said account for purposes of this subdivision when applied in chapter 475, unless the estate is in the charge and custody of a public administrator;

  (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.

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(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, A.L. 2019 S.B. 230)


---- end of effective   28 Aug 2019 ----

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472.010 8/28/2019
472.010 6/3/1986 8/28/2019

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