Wills
Missouri Last Will and Testament
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Missouri Last Will and Testament

By 

Jennifer Mcgee

Head of Legal at TrulyWill

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.

Table of contents

1. Requirements for an Missouri Last Will and Testament  

2. Who can be your witnesses?

3. Missouri laws for an oral will

4. Missouri rules for a personal representative

5. Missouri Last Will and Testament Notarization

6. Last Will Revocation rules

7. Last Will Amendment rules

8. Missouri rules for divorce after making your last will

9. What happens if you don't have a will in Missouri?

10. How can TrulyWill help with your online will?

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.
Last Will and Testament Missouri

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:

  1. The only requirement for a Missouri last will and testament witness is that they should be competent for the job. 
  2. 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:

  1. Must be at least 18 or above
  2. They should be capable of performing the job, i.e., of a sound mind.
  3. Missouri doesn't restrict felons from becoming executors if they follow their parole terms and have served their sentence.
  4. 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?

Case

What happens 

Has a spouse but no children 

Spouse inherits everything 

Has children but no spouse 

Children inherit everything 

Has children and a spouse (Children you share with that spouse)

Spouse gets the first $20,000 along with one-half of the remaining estate. The children inherit everything else

Has children and a spouse (Children you share with someone else)

Spouse inherits one-half and the children inherit the remaining half of your estate 

Has parents (no spouse, no kids, no siblings)

Parents inherit everything 

Has siblings (no parents, spouse, or kids)

Siblings inherit everything 

Has parents and siblings (no spouse, no children)

Parents and siblings inherit your estate in equal shares

How can TrulyWill help with an online Will Missouri?

TrulyWill is the perfect option to create a hassle-free online last will. You could go to the platform from your home's comfort and make your online will and testament. Online wills are a straightforward process; you should opt for them rather than spending hours in a lawyer's office. Furthermore, the process is pretty simple; you just add details, review for mistakes, read the guidelines, and download. That's it!

What else can TrulyWill do?

TrulyWill helps fulfill your varying needs for a will. You can opt for a simple last will and testament online or seek professional help. We offer everything from one-on-one legal support to solve your will issues.

Furthermore, you could opt for a trust-based plan depending on what suits you better. TrulyWill can help you figure out the process and help avoid substantial legal fees. So, you should go to the platform and get your online will in just a few minutes.

Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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Can I decide who would look after my minor children in my will?
Yes, you should name a person as the guardian of your children in your will. It would help avoid any hassles, and they could look after your kids after you pass away.
Should I update my will?
You should regularly check and update your last will after certain life events. It can be a new marriage, a child, or a divorce. Either way, keep updating your will after some time.
What would happen to my estate if I had no immediate family?
If you create a will before you pass away, your estate will go to the beneficiaries you've mentioned. However, if you die without a will, it could go to your extended family or even the state if there are no relatives.
What would happen if someone passes away without a will?
The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.
Can I write down my wishes and consider them a legal will?
Several states do not allow a self-written will unless you've followed the requirements. It would always be better to create a legal will by following all your state rules.
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