Missouri Wills- How to make a last will and testament

A Last Will, or simply a Will, is a legal document that specifies one’s wishes for their real and personal property, financial accounts, and minor children (if any) after death. One can also hire a personal representative to handle their affairs through a Will.

According to Missouri Law, besides finances and personal property, consumers can also include a list of tangible items and what should be done with them after their demise. The list may be handwritten.

Wills are governed by state law in each state. Although every state follows the same process for writing a Will, there are some important differences that one must know.

To ensure that a last Will and testament is validated, the laws of that particular state must be followed.

Who can make a Will in Missouri?

To make a valid Will, a testator or the person making the Will meet the following requirements:

• The person should be of sound mind,
• Should be over 18 years of age,
• In the case of a minor- should be financially independent through adjudication, marriage, or on active military duty.

Why do you need a Will?

A last Will and testament is not a legal requirement, but without a valid Will, the intestacy laws govern the distribution of an estate's assets.

It means without an existing Will, the outcome of the distribution of personal property, finances, and other important items may not be as per the wish of the deceased person.

With Missouri Wills, people can make their own decisions of not only directly distribute property or assets as per their wish but also make charitable gifts, create a trust, decide on a trusted person who can care for and manage finances for minor children, or ensure pet care after the person dies.

What happens if I die without a Will?

According to Missouri law, when a person dies without a valid will, they will be considered "intestate."

Under intestacy laws, if a person dies without a last Will and testament, his beneficiaries have no right to challenge the court order of distribution of the person's estate or property owned.

A person may have verbally expressed his wishes on property distribution and other important matters during his lifetime, but in the absence of valid wills, the statutes govern the distribution.

The deceased person's property may be passed on to his spouse and children. Without a spouse and children, the property may be passed on to his grandchildren or parents, further narrowing down to any relative to the ninth degree.

The state may seize the property if the court discovers no living relative by birth or marriage.

A checklist to remember when creating a Will in Missouri

When deciding to create a Will in Missouri, the following key points must be considered:

• Property to be included in the Will and who will inherit them
• An executor to manage the estate
• A guardian for children (if any)
• A person to manage children's property
• Disinterested witnesses
• Storing the Will safely, once created.

In addition to the above, it must be remembered that funeral wishes or medical care instructions must not be included in a Last Will and Testament.

How to make a Will in Missouri

To make Missouri Wills, a person must be of sound mind and at least 18 years of age or minors under certain circumstances.

Such individuals of sound mind require a minimum of two competent witnesses to sign their Will. The two witnesses must be at least 18 years of age and should not be beneficiaries of the estate or any family member of the person.

Missouri Wills can be created using a simple Last Will and Testament template. Generally, Missouri accepts written Wills only. A last Will and testament can be typed on a computer or a typewriter.

A Missouri Will must have an executor who will manage the estate after the person's death. A Will without an executor may result in the probate court appointing someone to wind up the estate.

Furthermore, the document must be checked for errors and printed out. A self-proving affidavit should be included at the end of the Will, enabling it to be accepted in the court without needing witnesses to show up and vouch for it.

Lastly, sign the document before two or more disinterested witnesses, and a notary public or a public official authorized to administer oaths.

The witnesses must sign their names and date. Once done, the notary will seal the document and sign the self-proving affidavit.

What kinds of Wills are accepted in Missouri?

A holographic or handwritten Will

Holographic Wills written by the testator but not signed and attested by two or more competent witnesses are not recognized in Missouri. Missouri may recognize holographic Wills that is witnessed by two witnesses.

Nuncupative or oral Will

A nuncupative Will or an oral Will is acceptable in Missouri for disposing of personal property valued at no more than $500. Furthermore, oral Wills cannot revoke or change an existing Will.

It is considered valid on the following conditions:

• The person is approaching risk of death
• The person died due to peril and declared his Will before two disinterested witnesses before death.
• Within thirty days of the declaration, oral Wills must be written down under the direction of one of the witnesses.
• Within six months of the person's demise, the Will should be filled for probate.

Joint Wills

Joint Wills, where two people's Wills are put in one document, are generally accepted in Missouri. It can be probated as the first decedent's Will, and if not later revoked by the survivor, it may be the survivor's Will after his passing.

However, they are not commonly practiced, so consulting an attorney is advisable.

Does Missouri accept a digital or electronic Will?

Missouri law does not usually accept an electronic Will.

How to change or revoke a Will in Missouri

A Will can be revoked or changed at any time in Missouri. A Will can be revoked by burning, obliterating, or creating a new one.

To make changes to an existing Will, it is best to revoke it and create a new one. An estate planning attorney can be consulted for advice on changing or revoking a Will in case of a divorce, adoption or birth of children, relocating to another state, etc.

When minor changes are made, an amendment, known as a codicil, can be added to the existing Will. However, it includes similar procedures as creating a new Will.

Does a Will in Missouri have to be notarized?

Notarization of a Will is not required by Missouri law.

The testator can, however, self-prove a Will at the time of executing it or any time later. It makes the probate process easier.

The testator and the two witnesses must acknowledge that the Will is self-proving before a notary or any other officer qualified to administer oaths under the law of Missouri.

The officer's certificate bearing the official seal attached to the Will authenticates the self-proving affidavit.

The probate court, then, can accept the self-proven Will without getting in touch with the two witnesses.

Do you need an attorney to make a Will in Missouri?

A person does not necessarily need an attorney to make a Will in Missouri. However, if the testator owns a huge value estate, consulting an estate planning attorney can be a good option.

How is a living Will different from a last will and testament

A living Will specifies important instructions for medical treatment and end-of-life care of a testator or the person making the Will. On the other hand, a last Will and testament specify the instructions related to a person's estate planning.

Final Thoughts

A well-created Will requires a clear understanding of the legal resources and processes involved. It ensures a smooth and less time-consuming probate process.

Writing a Will is an important step a person can take to keep his family safe and ensure that his wishes are fulfilled after his demise. For example, his children are being taken care of, or his property is being utilized the way he wants.