How to Write a Will in Missouri

A will is an integral part of planning your future and assets. It ensures your hard-earned property is well secured even after your demise. A valid will in Missouri law requires several requirements. First, you must be above the age of 18 years, be of sound mind, and make the will of choice. Secondly, you must adhere to this article’s formal and legal requirements. 

What are the Steps to Create a Will in Missouri?

The steps of creating a Missouri will are as follows:

1. Name your beneficiaries. You may specifically name them, or they may be relatively general;
2. List your property; list all your property, from real property to digital assets and any other property;
3. Choose an executor: this is a person who will administer your estate based on the directions in the will;
4. Choose a Conservator/Guardian for your minor children;
5. Choose a guardian for your pet;
6. Include any other notable bequests;
7. Write the will with the help of an attorney or by yourself, and
8. Sign the will in front of two competent witnesses. 

What Happens if I Don’t Have a Will?

A person who dies without a will is said to have died ‘intestate. When one dies intestate, their estate will be governed by the intestacy laws. Intestacy laws dictate that if you leave behind a spouse and children, the spouse gets $ 20,000 from your intestate property, and the rest of your estate shall be divided equally among your children.

When you leave behind a spouse but no children, your spouse gets everything. When you leave behind children but no spouse, your children will get an equitable share of your remaining estate. To avoid intestacy laws, make sure you leave behind a will. 

What Are the Requirements for Writing a Last Will and Testament in Missouri?

To make a Last Will and Testament in Missouri, the Testator:

1. Be of sound mind;
2. Be above 18 years; or
3. An emancipated minor by court order, marriage, or entry into military will.

In addition to the testator requirements, the will must be printed on hard copy (not audio, video, or digital) but on actual paper. After printing, the testator must sign the will in the presence of two witnesses. 

How Often Should You Review and Update Your Missouri Will?

You should review and update your Missouri will every year. This helps keep information as up-to-date and accurate as possible. Alternatively, when circumstances in your life change significantly, such as purchasing an asset or borrowing a new loan, you should update your will. 

How to revise and update your will in Missouri?

You can revise and update your will in Missouri using a codicil to a will. The codicil can introduce changes to your will, such as modifying beneficiaries, executors, property, debts, and bequests. The codicil should be dated and signed by the testator in the presence of two competent witnesses. 

What Makes a Will Valid in Missouri?

Whether handwritten or typed, the following factors make a will valid in Missouri:

1. The testator must be at least 18 years old and above;
2. The testator must be of sound mind and have testamentary capacity to create a will;
3. The testator must sign the will;
4. At least two competent witnesses must witness the will and 
5. The two witnesses must not be interested in the will. 

Can a Handwritten Will Be Valid in Missouri?

Yes, a handwritten will/ holographic will or a do-it-yourself will may be valid in Missouri if it meets all the legal requirements of making a Last Will and Testament, such as:

1. Must be handwritten by the testator in their handwriting;
2. Have correct information;
3. Be signed by the testator and
4. Two competent witnesses must witness it. 

How Do I Sign My Missouri Will?

Section 474.320 and 474.330 of the Missouri Revised Statutes stipulate on the signing of your will in Missouri. The Revised Statutes states that you must sign your Missouri will at the end of the will in front of two witnesses, and the witnesses must sign your will in front of you. The witnesses must not be beneficiaries of your will. When a beneficiary in your will is a witness, they lose the gift you left them in the will. 

What Can I Include in an Online Will in Missouri?

A Missouri resident making a will can include the following:

1. Listing Assets such as land, real estate, appliances, digital assets
2. Listing their debts and liabilities, including but not limited to loans
3. Appointing an executor: an executor will administer your estate on your behalf upon your demise. 
4. Make a list of your beneficiaries, such as your spouse, child, father, mother, and siblings of your close relatives. 
5. Appointing a guardian for your minor children who will be responsible for caring for them, including looking after their health and education. 
6. Designating specific bequests
7. Making provision for digital assets
8. Specifying outstanding debts and liabilities
9. Stipulating funeral and burial instructions

Types of assets covered in a Missouri Will

The assets covered in a Missouri  will include:

1. Personal Property, including furniture, electronics, paintings, boats, planes
2. Real Property such as apartments, land, Airbnbs 
3. Money in Bank accounts, savings in saccos
4. Digital Assets, including social media profiles, online accounts such as YouTube accounts
5. Intellectual property such as trademarks, patents, copyrights, and royalties
6. Life Insurance Policies
7. Investments such as mutual funds, stocks, bonds, and retirement accounts, among others 

Can I Revoke or Change My Will in Missouri?

Yes, you can revoke or change your will in Missouri. You can change and/or withdraw your will by writing a new one that expressly revokes a previous one. You can revoke your Missouri will by revoking by Title XXXI Trusts and Estates of Decedents and Persons under Disability. 

How do you Revoke or change your will in Missouri?

Other than revocation of your will by divorce or marriage. Section 474.400 of the Revised Missouri Statutes details how to revoke your will. It states that you can revoke your will by:

1. A subsequent will in writing;
2. By burning;
3. By canceling, tearing, or obliterating the same by the testator or in his presence by his consent and direction. 

Can I Make a Digital or Electronic Will in Missouri?

Yes, you can make a digital or electronic will in Missouri. The digital or electronic will can be made using online writing companies such as LegalPen, online websites, and softwares. After making a digital or electronic will, testators should print and sign the will in the presence of witnesses. 

Who can Witness a Will in Missouri?

Section 474.330 of the Missouri Revised Statutes states who can witness the signing of a will in Missouri. The witness should not:

1. Be a beneficiary in of the will they are witnessing and
2. They should not be interested because he is a creditor of the estate because he is named executor in the will or unless the will gives him some personal or beneficial interest. 

Should My Will Name an Executor?

Yes, you should name an executor or a personal representative. The executor is essential in estate planning as they oversee and manage your estate as specified after your death. 

What are the Missouri will executor requirements? 

For a person to be named an executor in a Missouri will, they should:

1. Be at least 18 years old
2. Be of sound mind

A judge of any court in the state of Missouri is not allowed to be an executor, and a habitual drug addict and a company or partnership outside the state of Missouri are not allowed to be executors. 

What Happens to a Will After Death in Missouri?

After death in Missouri, the executor files the will with the Probate Division of the Circuit Court within one year of the testator’s death. Complex estates valued at over $ 40,000 must go through the probate process. Estates below $ 40,000 go through a simplified process. 

What is the Impact of Marriage and Divorce on Your Missouri Will

Section 474.420 of the Revised Missouri Statutes provides that if the testator is divorced after making a will, all provisions in the will in favor of the testator’s spouse so divorced are thereby revoked. Still, the effect of the revocation shall be the same as if the divorced spouse had died at the time of the divorce.

Similarly, marriage revokes a will if the testator made the will before marriage unless the will is present while contemplating the marriage. After marriage, a couple may make a will for married couples with LegalPen. 

Do all wills in Missouri have to go through probate?

Yes, all wills in Missouri have to go through probate in Missouri. The probate process is necessary to legitimize the will. However, small estates might go through a simplified process and skip the probate process altogether. 

Is Missouri a community property state?

No, Missouri is not a community property state. It is an equitable distribution state. Marital property acquired during the marriage is not distributed equally; property is distributed equitably. When dividing property equitably, the following factors are considered: 

1. Contribution of each spouse to the acquisition of the marital property;
2. The prevailing economic circumstances of each spouse;
3. The custodial arrangements of the minor children;  and 
4. The conduct of the parties during the marriage. 

How is Missouri intestate succession done?

The Missouri intestate laws do intestate succession in Missouri. To die, intestate means to die without a will or to die without a valid will. Here is how your estate in handled if you die intestate: 

How is Estate and Inheritance tax in Missouri done?

Estate tax is tax applied to the estate of someone recently passed on. It is levied before the money and assets are passed on to the beneficiaries of the deceased’s estate. Estate and inheritance tax is not applicable in Missouri. The estate of the deceased will be liable for the federal estate tax. 

Why should newlyweds consider a will?

In the height of a blissful marriage and love, newlyweds should consider making a will to specify how their assets should be distributed in the event of death, plan for the care of their children, leave clear instructions on the care of any pets or minor children so that they minimize family disputes and designate beneficiaries for assets such as retirement accounts and insurance policies.