Effect of failure to elect to take against will
When a spouse dies and leaves a will, the surviving spouse does not have to fight against it. If the surviving spouse does nothing (makes no election), they get whatever the will gives them. They also get a share of any property the will did not cover. Even if the surviving spouse accepts the will, they can still claim a home allowance, certain protected property, and a basic living allowance — unless the will clearly says those gifts were meant to replace those rights.
474.230. Effect of failure to elect to take against will. — When a makes no , he shall receive the of all in his favor in the will, if any, and shall share as , in accordance with the provisions of sections 474.010 to 474.030, in any . By taking under the will or consenting , he does not thereby his right to a , to or to an allowance under section 474.260 unless it clearly appears from the will that the therein made for him was intended to be such rights or any of them.
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Source & history notes
(L. 1955 p. 385 § 259) (1961) Where will gave to the surviving spouse such part of his estate as under the laws of the state his wife would be entitled, she would receive such part under the will notwithstanding that the parties had entered into a property settlement the day before the decedent died contemplating a divorce between them. Crist v. Nesbit (A.), 352 S.W.2d 53.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.