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Spouses Refusals in Missouri Probate Court

A Missouri Spouse’s Refusal is a procedure whereby a surviving spouse may claim certain assets in a decedent’s name without the need for a full Probate Proceeding.  The surviving spouse may claim what is known as the One Year Support Allowance, and certain Exempt Property.  The One Year Support Allowance is not clearly defined, but in most cases can easily be $15,000 or more.  This may involve money in the bank, a vehicle, or literally any other asset.  The application is filed by completing a form provided by the Court and paying the filing fee, normally $65.00.  Provided all is in order, the Probate Court issues its order, and the person filing can then access the money or property.

If you need more information you may review the law that provides for this procedure, or contact us.

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