PURPOSE: This rule is intended as a general guideline in defining terms used in 12 CSR 10-8.010–12 CSR 10-8.150.

1. (1) The terms defined in section 145.010, RSMo (1969) will have the same meaning when used in these rules.
2. (2) The term director, unless otherwise specifically provided in this rule, shall mean the director of revenue or his/her duly authorized agent or designee.
3. (3) The term report shall mean the report of appraiser, inheritance tax short form assessment or estate tax appraisal, required by chapter 145, RSMo (1969).
4. (4) The term report of appraiser shall mean the form prescribed and furnished by the director for use by the appraiser when reporting the taxable assets of an estate, the deductions allowed by the probate court, exemptions allowed under section 145.090, RSMo and amount of tax assessment under section 145.150.3, RSMo (1969).
5. (5) The term inheritance tax short form assessment shall mean the form prescribed and furnished by the director used for reporting assessment of tax in small estates, consisting of personal property only, under section 145.150.5, RSMo (1969).
6. (6) The term estate tax appraisal shall mean the form prescribed and furnished by the director used for reporting estate tax under sections 145.070 and 145.080, RSMo (1969).
7. (7) The term consent to transfer or deliver assets shall mean the form prescribed and furnished by the director used to give ten (10)-day notice to the director of intention to transfer assets of an estate, as required under section 145.210, RSMo (Supp. 1975).
8. (8) The term conditional consent to transfer or deliver assets shall mean the form prescribed and furnished by the director used to give the director notice of intention to remove the contents of a safe deposit box, as required by section 145.210, RSMo (Supp. 1975).
9. (9) The family allowance is exempt from all claims. Under section 474.260, RSMo (1969), the surviving spouse is entitled to a reasonable allowance in money out of the estate for his/her maintenance during the period of one (1) year, after the death of the spouse. If there is no spouse, the allowance shall be made to the unmarried minor children. The allowance is in addition to the exempt property and homestead allowance.
10. (10) Exempt property in no case is liable for the payment of claims against the estate. Under section 474.250, RSMo (1969) the surviving spouse or unmarried minor children of a decedent are entitled absolutely to the following property of the estate without regard to its value: the family Bible and other books, all wearing apparel of the family, all household electrical appliances, all household musical and other amusement instruments, all household and kitchen furniture, appliances, utensils and implements. This property belongs to the surviving spouse, if any, otherwise to the unmarried minor children in equal shares.
11. (11) Under section 474.290, RSMo (1969), a homestead allowance is granted after the estate inventory required by section 473.233, RSMo (1969) is filed. The court, on application of the surviving spouse or of the guardian or person having custody of the persons of the unmarried minor children of a decedent, shall make an allowance to the surviving spouse or unmarried minor children of an amount not exceeding fifty percent (50%) of the value of the estate, exclusive of exempt property and family allowance, but in no case to exceed seven thousand five hundred dollars ($7500). If an unmarried minor child of the decedent receives a homestead allowance in excess of five thousand dollars ($5000), his/her exemption is the amount of the homestead allowance rather than five thousand dollars ($5000).

AUTHORITY: sections 136.030 and 136.120, RSMo 1986.* Inheritance tax rule 61-010 was last filed on Dec. 31, 1975, effective Jan. 10, 1976.

*Original authority: 136.030, RSMo 1945, amended 1947, 1949, 1965 and 136.120, RSMo 1945.