When a spouse dies, the one still living has a special right to choose how they get their share of what was left behind. That right belongs only to that surviving spouse — it cannot be given away or used by someone else after the surviving spouse dies. If the surviving spouse has a disability or is a minor, a court-appointed helper can make that choice for them, either with the court's approval or if the court orders it.
474.200. personal to . — The right of election of the surviving spouse is personal to him. It is not and cannot be exercised after his death; but if the surviving spouse is or a , his or may elect for him with the approval of the court or, on of an , the court may his guardian ad litem or conservator to elect for him.
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Source & history notes
(L. 1955 p. 385 § 256, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)
Related Missouri laws
Form of election, filing
RSMo 474.190
Time for making of election
RSMo 474.180
Waiver of right to elect
RSMo 474.220
Notice of right to elect
RSMo 474.170
Effect of failure to elect to take against will
RSMo 474.230
Share of omitted spouse
RSMo 474.235
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.