When people disagree about a will or estate, they can make a deal to settle it. Everyone involved who is an adult writes and signs an agreement. Then a court looks at the agreement. If the court thinks the disagreement was real and the deal is fair to everyone — including kids and people who have someone else speaking for them — the court approves it. After that, the estate is handled according to what the agreement says.
473.085. Court approval of , procedure for securing. — The procedure for securing court approval of a compromise is as follows:
(1) The terms of the compromise shall be set forth in an agreement in writing which shall be by all persons and parents acting for any child having beneficial interests or having which or may be affected by the compromise. is not required by any person whose identity cannot be or whose whereabouts are unknown and cannot reasonably be ascertained;
(2) Any , including a or , may then submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected , and other fiduciaries and ;
(3) After notice to all or their representatives, including the personal representative of the and all affected of s, the court in which the controversy is pending, if it finds that the or controversy is and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an approving the agreement and directing all fiduciaries over which it has to execute the agreement. represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise. Upon the making of the order and the execution of the agreement, all further of the estate is in accordance with the terms of the agreement.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1980 S.B. 637, A.L. 1982 S.B. 700 Revision)
Related Missouri laws
Compromise of controversy as to probate, when binding
RSMo 473.084
Will binding, when
RSMo 473.083
Will not effective until probated
RSMo 473.087
Probate of portion of will
RSMo 473.081
Certificate of probate, contents
RSMo 473.080
Refusal of letters
RSMo 473.090
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.