Missouri Last Will and Testament

Changing a Missouri last will and testament

A Missouri will may be changed at any time by codicil, which must be executed in the same way as a will.

Revoking a Missouri last will and testament

The revocation of a Missouri will can be accomplished by executing a subsequent will or by “burning, canceling, tearing or obliterating ” the document by either the testator or by someone else at his direction in his conscious presence. A nuncupative will may be revoked by another nuncupative will.

In Missouri, if the testator gets divorced after executing a will, provisions in favor of the ex-spouse are revoked.

Missouri last will and testament FAQs

What happens to my stuff if I die without a will in Missouri?

Missouri's laws will decide who gets your property, and it might not be who you want. When you die without a will, the state follows strict rules called "intestacy laws" that give your belongings to your closest family members in a specific order. The big problem is that these laws don't care about your actual relationships. Your longtime partner gets nothing, even if you lived together for years. Only blood relatives and legal spouses count under Missouri law.

How old do I need to be to make a will in Missouri?

You must be at least 18 years old to make a valid will in Missouri, unless you are married, serving in the military, or emancipated. You also need to be "of sound mind," which means you understand what property you own, know who your family members are, and understand what happens when you give your stuff away in a will. The law wants to make sure you're mature enough to make these important decisions about your property.

Do I need witnesses when I sign my will in Missouri?

Yes, you need at least two witnesses of sound mind to watch you sign your will and sign it too. These witnesses cannot be people who will inherit anything from your will. This creates proof that you really did sign the will and that you seemed mentally capable when you did it. The only exception is if you write your entire will by hand (called a "holographic will"), you don't need witnesses. Most people should stick with the regular witnessed will because it's much safer and less likely to cause problems later.

Can I change my will after I make it?

Yes, you can change your will anytime while you're alive and mentally capable. You can make small changes by creating a "codicil," which is an official update, which must be signed and witnessed just like your original will. For bigger changes, it's usually easier to write a completely new will that says your old will is no longer valid. You can also cancel your will entirely by physically destroying it (like burning or tearing it up) or by getting divorced (which automatically cancels anything you left to your ex-spouse). Remember that any changes need to follow the same rules as making the original will.

What is probate and do all wills have to go through it in Missouri?

Probate is the court process that makes sure your will is real and that your wishes get carried out properly. Most wills do have to go through probate in Missouri, but the process can be simple or complicated depending on the size of your estate. During probate, a judge makes sure your will is valid, pays off any debts you owed, and supervises the distribution of your property to the people named in your will. This usually takes six to 12 months and costs money from your estate. 

However, Missouri has a shortcut for smaller estates. If your estate is worth less than $40,000 (not counting things like your house if it has a mortgage), your family can use a simple form called a "small estate affidavit" instead of going through full probate. This saves time and money.

Can I include my pets in my Missouri will?

Yes, you can make legal arrangements for your pets in Missouri through something called a "pet trust." This lets you set aside money from your estate and name a person to care for your pets. You can include specific instructions about how you want your pets cared for, like what food they eat or what vet they should see. The trust lasts until your pet dies, and then any leftover money goes to their new owner. This is much better than just saying "I leave my dog to my sister" in your will, because the pet trust actually gives your caregiver money to pay for your pet's expenses.

Will my Missouri will stay valid if I move to another state?

Your most states accept wills from other states if they were legally created in the original state. However, moving to a new state is a good time to review your will with a local lawyer. Different states have different rules about things like who can be your executor, how property is divided between spouses, and what happens to your belongings. It's also practical to have a local lawyer who understands your new state's laws help your family when the time comes.