PURPOSE: This rule shall serve as a guideline relating to the transfer of certain estate property and the preparation of forms required under section 145.210, RSMo (Supp. 1975).

NOTE: This regulation is applicable to decedents dying on or before December 31, 1980.

1. (1) Conditional Consents to Transfer Assets. A conditional consent to transfer or deliver assets issued exclusively to transfer contents of safety deposit boxes and for no other purpose. The ten (10)-day notice required to be given the director of revenue and attorney general, by section 145.210, RSMo (Supp. 1975), (Senate Bill No. 410, 77th General Assembly, Second Regular Session, effective date, 8-13-74), is given by submitting a “conditional consent to transfer or deliver assets”, in duplicate, to the Director of Revenue, P.O. Box 27, Jefferson City, MO 65102. The form must be complete and accurate when mailed to the director. If all information requested on the form is not given, consent will be refused. Complete instructions are furnished on the reverse side of the form. The consent of the director and attorney general is conditional. The condition is that within sixty (60) days after issuance of the waiver, a complete inventory must be furnished the director. Attached to and made a part of this inventory must be a certificate signed by an authorized representative of the bank, trust company or safety deposit box company and by the person(s) who actually received the contents of the safe deposit box. The inventory, certificate and receipt are not to be made or sent until after the conditional consent to transfer the contents is given by the director. The form of inventory, certificate and receipt shown on the reverse side of the form is not to be used; it is only a sample or guide to be used in preparing the certificate and receipt. If the reverse side of the form is used in place of a typewritten or printed certificate and receipt attached to and made a part of the inventory, the director’s consent will be withheld and the forms returned to the sender.
2. (2) All Other Assets to be Transferred. A consent to transfer or deliver assets is to be used for the transfer and delivery of all assets—except the contents of safety deposit boxes, real estate and motor vehicles. All blanks on the form must be accurately filled in and all information requested must be given or the consent will be withheld and the form returned unsigned. Information must be complete showing the name(s) in which title is held, whether as tenants in common, decedent’s name alone, trust corpus assets or payable on death assets, describing how title is held, date the account(s) was created, number assigned to document, when applicable, value at date of death and date of decedent’s death. There must be a separate request for each company issuing stocks, bonds, etc., with the exception of a brokerage firm as holder of assets, then transfer of all holdings may be listed on one (1) form. The director may refuse at any time to give a consent to transfer any taxable assets unless the probate court either assesses the inheritance tax or issues a no tax order.

3. (3) Consent to transfer and deliver assets will be issued in the following cases:

   1. (A) When the assets to be transferred have been inventoried as required by section 473.233, RSMo (1969);
   2. (B) When the probate judge is aware of the existence of assets and issues a no tax order;
   3. (C) When the assets were known and taken into account and the inheritance tax assessed;
   4. (D) When the exemptions of the persons to whom the assets are to be transferred are greater than the assets sought to be transferred;
   5. (E) When proceeds of a life insurance policy (not an annuity or supplementary policy) are payable to a named beneficiary;
   6. (F) When the assets are transferred to the executor or to the administrator; or
   7. (G) When the tax has been paid and the assets are listed on the report of appraiser.

4. (4) Consent to transfer and deliver assets will be withheld in the following cases:

   1. (A) When the assets are not listed on the report of appraiser;
   2. (B) When the assets to be transferred are more than the exemptions allowed to the beneficiary;
   3. (C) When it appears evident that assets to be transferred have not been made known to the probate court; or
   4. (D) When all information required on the consent form is not furnished.

AUTHORITY: sections 136.030 and 136.120, RSMo 1969.* Inheritance tax rule 61-210 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.