Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
In Missouri probate, a surviving spouse can claim a family allowance under Mo. Rev. Stat. § 473.033 (https://revisor.mo.gov/main/OneSection.aspx?section=473.033) and a support allowance under Mo. Rev. Stat. § 474.270 (https://revisor.mo.gov/main/OneSection.aspx?section=474.270). Both allowances require proof that the claimant is legally married to the decedent.
If the marriage certificate is incomplete or missing, the probate court may delay or deny the allowance until you establish the marriage. Missouri law does not mandate a specific certificate form, but it does require clear evidence of marriage. You can submit alternative proof, such as:
- Affidavits from the officiant or witnesses present at the ceremony.
- Records of cohabitation or joint financial accounts indicating spousal status.
- Correspondence, affidavits, or testimony showing a valid marriage ceremony took place.
Once you provide sufficient proof, the court will treat you as the surviving spouse and grant the statutory allowance. You should also take steps to obtain a certified copy or duplicate of the original marriage certificate from the county recorder’s office where the marriage was registered. Most county clerks can issue a certified copy upon request, often online or by mail.
Timely proof matters. Family and support allowances are payable early in the probate process, and courts may prioritize creditors’ claims if the spouse cannot prove their status quickly. Promptly gather and file evidence to avoid distribution delays.
Helpful Hints
- Contact the county recorder’s office in the jurisdiction where you married to request a duplicate certificate.
- Collect multiple forms of secondary evidence—affidavits, bank statements, insurance policies listing you as spouse.
- File a motion in probate court to admit secondary evidence if the clerk rejects your initial submission.
- Consult a probate attorney if the court challenges your proof of marriage.
- Keep copies of all documents and filings for your records.