Missouri Revised Statutes

Mo. Rev. Stat. § 474.190 (2026)

Form of election, filing

✓ current as of May 2026

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474.190. Form of election, filing. — The election to take the share hereinbefore provided shall be in writing, signed and acknowledged by the surviving spouse or by the guardian ad litem or conservator of his estate and shall be filed in the office of the clerk of the court. It may be in the following form:

I, A. B., surviving wife (or husband) of C. D., late of the county of ______ and state of ______ do hereby elect to take my legal share in the estate of the said C. D., and do hereby renounce all provisions in the will of the said C. D. inconsistent herewith.
Signed,	__________________
(Acknowledgment)	(Signature)

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(L. 1955 p. 385 § 255, A.L. 1983 S.B. 44 & 45)

Notes of Decisions

Cited in 6 cases, 1964–1997 · leading case: Jones v. Jones, 376 S.W.2d 210 (Mo. 1964).

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Jones v. Jones, 376 S.W.2d 210 (Mo. 1964). · cites it 2× “Appellants argue that the words “legal share” are used in this connection in contradistinction to “equitable share” and that, therefore, no equitable rules or principles may be employed in determining such share. Actually, all that this provision does is to prescribe the form…”

Matter of Est. of Savage, 650 S.W.2d 346 (Mo. Ct. App. 1983). “§ 474.190. The extent of the elective share can now be known only as the result of a determination of the value of the "augmented estate.”

Brown v. Gillespie, 955 S.W.2d 940 (Mo. Ct. App. 1997). “See also, § 474.190. 7 . "A will may contain separate provisions, some of which are testamentary and some of which are contractual.”

In re Est. of Youngblood, 447 S.W.2d 824 (Mo. Ct. App. 1969). “160] in the form prescribed by statute [§ 474.190], (b) her application for exempt property [§ 474.”

Wilson v. Brewster, 809 S.W.2d 183 (Mo. Ct. App. 1991). “His failure to acknowledge the election as provided in § 474.190 was waived. Cf. Basler, Estate of, v.”

Love v. Pogue, 650 S.W.2d 346 (Mo. Ct. App. 1983). “§ 474.190. The extent of the elective share can now be known only as the result of a determination of the value of the “augmented estate.”

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