Revisor Home

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 474

Effective - 01 Jul 1997, see footnote bottom

  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.

­­--------

(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.


---- end of effective   01 Jul 1997 ----

use this link to bookmark section  474.510


In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions

Site changes Contact
Other Links
Oversight MOLIS Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House

@10:45:00.8 53 :)