Your Missouri last will and testament is a legal document that helps your loved ones and the probate court to know your wishes. You can declare and express what you want to happen to your estate, who would inherit it, who would take care of your minor kids, and how to handle any debts or bills. All these decisions are something you should make for yourself. You cannot leave it up to chance or in some stranger's hands appointed by the state. That's why you should learn more about estate planning's importance and begin the work.
Every U.S. state has varying requirements for a legal last will and testament. If you live in Missouri state, read more about Missouri will laws.
Requirements for a Missouri Last Will and Testament
- Written and Oral: Generally, a Missouri last will and testament should be on paper. It cannot be any audio, video, or other digital files. However, Missouri will laws allow oral wills in certain circumstances discussed ahead.
- Must be at least 18 or above. An emancipated minor through court, marriage, or military duty can also make a Missouri last will and testament.
- Sound mind and memory: The testator should understand Missouri will laws and process, the nature of their estate, and relationships with the beneficiaries. They must have a sound mind and memory to make a valid legal will.
- Signed by the testator: You must sign your Missouri last will and testament before any witnesses to make it legal.
- Signed by the witnesses: You must have two disinterested witnesses for the will. They should sign it before you as well.
.png)
“Should have done this before, had made it up to be really hard in my head. This was super easy!”
Who can be your witnesses for Last Will and Testament Missouri?
You must have at least two witnesses for your Missouri last will that follow these conditions:
- The only requirement for a Missouri last will and testament witness is that they should be competent for the job.
- The witnesses can not be beneficiaries of the will. If you select any beneficiary as a witness, there must be at least two other disinterested witnesses for your Missouri last will and testament.
Missouri laws for an oral will
Missouri allows an oral last will in certain circumstances. It is spoken to a person or persons. An oral will should also have at least two witnesses. Here's what conditions it should follow:
- Must make the will before imminent death or on one's death bed
- Must say the will to two disinterested witnesses
- The information is put in writing within 30 days after you declare it as your will.
- Must be submitted to the probate court after the testator's death within six months
Missouri rules for a personal representative or an executor
You should pick a trusted person as your executor for the Missouri will. However, they should follow these conditions to be eligible for the role:
- Must be at least 18 or above
- They should be capable of performing the job, i.e., of a sound mind.
- Missouri doesn't restrict felons from becoming executors if they follow their parole terms and have served their sentence.
- You can choose an out-of-state executor only if they appoint a resident agent.
Last will and Testament Notarization in Missouri
You don't need to notarize your Missouri last will to make it legal. However, you should attach a self-proving affidavit to speed up the probate process. Here's how you can do that:
- Find a notary public to make a legal self-proving affidavit.
- You and your witnesses should go to the notary and sign the affidavit, stating who you are and that you knew you're signing a will.
Last Will Revocation in Missouri
You could follow any of these steps to revoke your Missouri last will and testament:
- Destroying the previous will by tearing, burning, shredding.
- Asking someone else to destroy the last will in front of you and two witnesses
- Making a new legal will
You need to follow the same conditions for issuing a new will or document revoking the previous one as you did for making a legal last will.
Last Will Amendment rules Missouri.
If you need to make some simple changes to your Missouri will, you could do it with a Codicil. It allows you to amend your will and avoid revoking it.
However, you must follow the same conditions to make a legal codicil for witnesses and signing. If you want to make multiple amendments, it's better to create a new will and revoke the previous one.
Missouri rules for divorce after making your last will
- The Missouri law revokes any gift you leave to your spouse.
- Missouri revokes any appointment of your spouse as the trustee or executor.
What happens if you don't have a will in Missouri?
Last Will and Testament Missouri Free Template
You can quickly create a simple estate plan by downloading a Last Will and Testament Missouri free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Missouri last will and testament. Once you go through the details and follow the required steps:
- Connect on TrulyWill and create your account.
- Discuss any issues or complications about your finances and personal relationships with our attorneys.
- Sign or notarize the document, depending on your state requirements.
This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution.
Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:
- Online expert support: You can connect with our experts online and clear your doubts.
- Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.
If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Missouri last will and testament.
