Is An Online Will Legally Valid in Missouri?
Yes, Missouri recognizes online wills as being legally valid. However, you have to take additional steps after creating it for the court to recognize it as a valid will. Learn more about what that entails.
Don't worry, FeedingBird helps guide you every step of the way.
What Makes an Online Will Legally Valid in Missouri?
Under RSMo 474.320, for a will to be legally valid, it must be in writing, signed by the testator, and attested by two or more competent witnesses who sign in the testator's presence. Although notarization is not required to make the will valid, a notarized self-proving affidavit under RSMo 474.337 lets the court accept the will without requiring that your witnesses appear before the court.
Missouri does not recognize holographic wills. A handwritten will that is not properly witnessed has no legal effect in Missouri, regardless of how clearly it states the testator's wishes.
What You Need to Know about Online Wills in Missouri
If you've never had to deal with estate laws, you may not know that they can be extremely complex and vary by state. If you choose an online will, you must ensure it is structured correctly to delays in probate proceedings.
Missouri Property Laws
Missouri is not a community property state, meaning that all property owned solely in your name is distributed according to your will. In the event that no will is present, assets will follow the state's intestate succession rules, regardless of when it was acquired during the marriage.
Missouri Probate
Most estates in Missouri go through the probate division of circuit court, and Missouri requires the personal representative to be represented by an attorney. Smaller estates worth $40,000 or less may qualify for a small estate procedure instead.
Avoiding Probate in Missouri
Because probate can take time and involve attorney and court costs, people sometimes wish to bypass it. Here are some ways to do that.
- Put your assets in a revocable living trust, which lets you keep control over your estate as the trustee, while identifying a successor trustee who will manage distribution after your death.
- Ensure financial and retirement accounts have named beneficiaries, using a payable-on-death (POD) designation or a transfer-on-death (TOD) designation where applicable.
- Use a transfer-on-death deed for real estate, which automatically names a new owner for that property when you pass.
- Hold property as joint tenants with right of survivorship, which passes automatically to the surviving owner outside of probate.
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