When a surviving spouse wants to claim their legal share of a deceased spouse's property, they have to write it down, sign it, and have it officially notarized. Then that paper gets filed with the court clerk. A guardian or conservator can do this on the spouse's behalf if needed.
474.190. Form of , . — The election to take the share hereinbefore provided shall be in writing, signed and by the or by the or of his and shall be filed in the office of the . It may be in the following form:
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1955 p. 385 § 255, A.L. 1983 S.B. 44 & 45)
Related Missouri laws
Time for making of election
RSMo 474.180
Right of election personal to surviving spouse
RSMo 474.200
Notice of right to elect
RSMo 474.170
Valuation of estate, how determined
RSMo 474.163
Election by surviving spouse to take against will, effect
RSMo 474.160
Waiver of right to elect
RSMo 474.220
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.