Missouri Last Will and Testament

Before the terms of a Missouri last will and testament can be effectuated, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person.

The last will and testament of the decedent must be filed with the Probate Division of the Circuit Court within one year of the testator’s death. Missouri offers a simplified probate process for estates valued at $40,000 or less.

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In Missouri in the absence of a will, a surviving spouse inherits the entire estate unless the decedent also has descendants shared with the spouse, in which case the spouse takes the first $20,000 of the estate plus half the balance. If the decedent has descendants not shared with the spouse, the spouse takes half of the estate.

If there is no surviving spouse, descendants, or parents, other relatives, including siblings and grandparents, will inherit depending on the closeness of the relation.

Exceptions to ability to distribute property

Not all property can be distributed according to a will. Some exceptions include the following:

• Property owned in joint tenancy with right of survivorship
• Property owned as tenants in the entirety
• Life insurance policy and retirement account proceeds
• Elective share of surviving spouse

Form a last will in Missouri

The basic requirements for a Missouri last will and testament include the following:

• Age: The testator must be at least 18 years old or a minor emancipated by adjudication, marriage, or entrance into active military duty.
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by the testator or by someone else in the testator’s name in his presence, by his direction.
• Witnesses: A Missouri will must be signed by at least two witnesses who should not be beneficiaries, in the presence of the testator.
• Writing: A Missouri will should be in writing, but oral wills are valid in some circumstances.
• Beneficiaries: A testator can leave property to anyone.

Other recognized last wills in Missouri

Missouri recognizes nuncupative (oral) wills and holographic (handwritten) wills under specific conditions.