Writing a will is a similar process in every state; however, there are key differences to know. Every state has its own laws surrounding wills. In order for your will to be valid, you must meet the specific statutes of the particular state. When you make an online will in Missouri, you must make sure that your will satisfies the requirements of the state, otherwise the court may not recognize it as valid. Be sure to use an online will that is customized for Missouri.
Can I make a will online in Missouri?
Yes, you can make a will online in Missouri. You can use an online will making service. We tested multiple online will services to find out which ones produce the best last will and testament. Of all the wills we created—and had our lawyer review—USLegalWills had the best end product.
The legal requirements for a will to be valid in Missouri are:
- The person making the will, known as the Testator, must be 18 years of age (or any minor emancipated by the court, by marriage, or by entry into active military duty).
- The Testator must be of sound mind and memory.
- The Testator must sign the will in front of two competent witnesses.
- The witnesses must sign the will in front of the Testator.
- The will must be in writing.
The state of Missouri does not allow digit-only wills. If you make an online will in Missouri, you must print it out.
Any person competent to be a witness may act as a witness to the will. If either of these witnesses are “interested parties” (a beneficiary in the will), the “interested” witness forfeits the amount of any inheritance that exceeds what the witness was to receive if the Testator died without a will. “Interested” witnesses do not invalidate the will, but it is better to use “disinterested” witnesses to attest your will so that a beneficiary does not lose any part of the inheritance you left to them.
Does Missouri require a notarized will?
No, Missouri does not require a notarized will. But like many states, Missouri allows wills to be “self-proved.” The first step when a will is presented to probate is that the court will determine its validity. If you elect to make your will “self-proved,” this can help the probate court quickly validate it.
To make a will “self-proved” in Missouri, you and your witnesses acknowledge the will in the presence of a notary public. The notary will attach a certificate, with their official seal, to the will that designates it as “self-proving.”
Once your will is “self-proved,” the court will not need to call upon the witnesses to testify to the authenticity of the will. This speeds up the probate process.
Can I name an executor in Missouri?
Yes, you can name an executor in your will. You can also name an executor in an online will in Missouri as well. An executor is the person chosen to settle the estate, making sure that the will is followed. You want to name an executor in your will; otherwise, the probate court will appoint someone. You want the executor to be someone who you know and trust; someone that you are confident to be able to fulfill all the duties required for an executor of an estate. You want to pick someone who is well organized, good with paperwork, and generally a trustworthy person.
Here are the requirements for an executor in Missouri:
- Must be at least 18 years old and of sound mind.
- Must not be a full-time judge of any Missouri court, a clerk, deputy clerk, or division clerk of any court, unless it is your spouse or a third degree of kinship relative.
- Must not be found to be a “habitual drunkard.”
- An executor of the person you name as your executor cannot become your executor.
- A person convicted of a felony in Missouri can only serve as an executor after completing any prison sentence and all terms of parole.
To name an executor who lives out-of-state, there are some specific guidelines in Missouri:
- A non-resident executor must appoint an in-state agent. The in-state agent will accept legal papers on the behalf of your estate.
Do I need an attorney to make a will in Missouri?
No, you do not need an attorney to make a will. If you have a large or complex estate, it is always best to consult an estate planning attorney. For most people, especially those with simple estates and straightforward wills, online will making is a good option. When you make an online will in Missouri, you want to make sure you satisfy all the legal requirements for a valid will. You will want to use an online will making service that has state-specific templates.
What types of wills are valid in Missouri?
Any type of will, made online or otherwise, that meets the state-specific requirements are valid in Missouri.
Can I make a holographic will in Missouri?
A holographic will is a handwritten last will and testament, signed only by the Testator (the person making the will). Missouri does not recognize holographic wills made in the state; however, a holographic will made in a jurisdiction that recognizes holographic wills may be accepted by the court.
The reason that holographic wills are not considered valid in Missouri has to do with the requirement that wills must be witnessed by two or more competent individuals. This means that a handwritten will witnessed properly by two witnesses can be recognized as valid in Missouri.
It is not wise to handwrite your will, though. Many times you will forget to include important provisions, have unclear language, or have portions of the will that may be illegible. This can make the process for validating your will much more difficult, and a probate court may reject it. It is better to use an online will making service with a template specific to Missouri.
Can I make a nuncupative or video will in Missouri?
Nuncupative wills are oral wills, which sometimes people leave on video. In any state, a nuncupative will is considered an emergency or last resort type of will. While not ideal, Missouri does recognize a nuncupative will under certain circumstances and with certain limitations.
For a nuncupative will to be valid in Missouri, the following must apply:
- A person made the declaration in imminent peril of death, whether from illness or otherwise, and the person died as a result of the impending peril.
- The Testator (the person who made the declaration) stated that this is to be their will, in front of two “disinterested” witnesses.
- The declaration is reduced to writing by one of the witnesses within 30 days of the declaration.
- It is submitted to probate within 6 months after the death of the Testator.
The nuncupative will can only dispose of personal property not exceeding $500 in value. A nuncupative will also does not revoke or change an existing written will.
How is a living will different from an online will in Missouri?
A living will, also called an advance directive, is a legal document which gives instructions on medical decisions and end-of-life care. It is a separate document from a last will and testament, which contains matters relating to a person’s estate. If you want to make any stipulations for your wishes for end-of-life care and other medical directives, you will want to make a living will. You can make both a last will and testament and a living will online. For more information on living wills in Missouri, you can go here.
In Missouri, the legal requirements for a living will are that:
- It must be in writing.
- It must be dated.
- The principal (the person making the living will) must be a competent adult.
- It must be signed by the principal.
- Some advance directives require two witnesses.
- To name a Durable Power of Attorney for Health Care, it must be signed in front of a notary.
A living will only comes into effect if your medical condition is terminal and if you are unable to make medical decisions for yourself. In Missouri, a living will has no effect when the principal is pregnant.
Once a living will is drawn up, it is legally binding. You can revoke it at any time by destroying the original document. Once you create a living will, you should provide copies to your physician, your healthcare power of attorney, trusted family members, and consider carrying one on your person in case of an accident. You want it to be easily accessible should be become incapacitated.
Why do I need to make a will online in Missouri?
If someone dies without a will, then the intestacy laws of Missouri determine what happens to their estate. This often becomes a lengthy legal process, with property often held up in the probate court for months. The state will also appoint a guardian to any minor children as well as an executor for the estate. The estate is then divided between surviving family remembers according to the intestacy distribution laws of the state. This is usually a long, arduous process that could be avoided if there was a valid will in place.
If you make a will online, you can control what happens to your estate. It is especially important to have a valid will if you have any minor children—you have to plan for their future should anything happen to you. And if you own property, it is also important to have a will. If you want to distribute property in a specific way, you can only do that in a will.
What can I include in an online will in Missouri?
In addition to naming an executor and appointing guardians for any minor children, you can also include the following when you make an online will:
- You can distribute property in a specific way.
- You can leave property or gifts to family, friends, charities, or other organizations.
- You can appoint someone to oversee any property left to minor children.
- You can name a trusted person to care for any pets.
- You can decide who receives family heirlooms and sentimental items.
- You can decide who receives personal or sentimental items.
- You can create a testamentary trust.
What should not be included in a will in Missouri?
A last will and testament is not the right place for designating end-of-life care or funeral instructions. Typically, when a person dies, the funeral arrangements are made immediately. It is after the funeral that the process of settling your estate begins, which starts with your will being consulted. This means that any funeral directions left in your will might not be known until afterwards. The same is true, of course, for end-of-life care stipulations.
To designate end-of-life care and medical directives, you want to create a living will.
To leave your funeral directions, you can talk with a family member and make your wishes known that way. You can also type up a document that describes your wishes, which you should give to the executor of your estate or other family members.
Can I change or revoke an online will made in Missouri?
A will is a legally binding document, whether it is made online or not. However, you can change or revoke your will at any time.
In Missouri, here are ways to change or revoke a will:
- You can physically destroy it in a revocatory act, like burning, tearing, shredding, obliterating, or any other act that destroys it.
- You can order someone to physically destroy in a revocatory act in front of you.
- You can write a new will that revokes the old one.
You want to revisit your will after any major life change. Be this marriage or divorce, birth or adoption of a child, acquisition of significant assets, or relocation to another state or country—you want to update your will after anything that changes your family or financial situation. If you are making radical changes to your will, it is best to make a new will (which revokes your old one). However, sometimes you just need to add small changes to supplement your existing will. You can do this through an amendment called a codicil; a codicil must be finalized with the same formalities of a will.
How do I finalize an online will in Missouri?
To finalize an online will in Missouri, you want to take these steps:
- Print it out,
- Sign it in front of two witnesses,
- Have the two witnesses sign it in front of you.
To make a will “self-proved” in Missouri, you and your witnesses acknowledge the will in the presence of a notary public. The notary will attach a certificate, with their official seal, to the will that designates it as “self-proving.”
Be sure to consider these special considerations in Missouri:
- Divorce automatically revokes any language in your will that benefits your former spouse. You should consult an attorney if you have any concerns about how a divorce impacts your will.
- Wills in Missouri can contain no-contest clauses. To better understand what this is, you should consult an attorney.
You cannot distribute the following in a will: Property owned in joint tenancy with right of survivorship, property owned as tenants in the entirety, life insurance policy and retirement account proceeds.
USLegalWills is our recommendation for an online will in Missouri. Their pricing is fair and the process of making an online will is easy. You can also create a Living Will. USLegalWills offers a free service to document funeral wishes and save final messages for loved ones.