Wills and probate in Missouri
Key takeaway
Missouri law covers how wills are signed, when a will must be presented for probate, and how certain property passes or is handled under intestacy, spouse elections, small estate affidavits and beneficiary deeds. This overview explains those rules for owners of businesses, real estate and private investments, their spouses and adult children.
Making and changing a will
A written will must be signed by the testator or a directed signer in the testator's presence, with attestation by two competent witnesses in the testator's presence.
A Missouri annotation states that unwitnessed alterations made after execution are not legally effective as a new testamentary disposition. Under dependent relative revocation, the will remains in effect as originally written.
When a will must be presented
Missouri requires a will to be presented for probate within one year after the testator's death if no notice of the granting of letters was given. A will presented outside the statutory time limits is forever barred from admission to probate in the state.
Distribution without a will
Missouri intestacy law gives the surviving spouse the first $20,000 of the intestate estate plus one-half of the balance when all surviving issue are also issue of that spouse. Collateral relatives inherit only if they are related to the decedent at least as closely as the ninth degree.
A surviving spouse's election against a will
A surviving spouse who elects against a Missouri will receives exempt property and the allowance, plus one-half of the estate subject to claims if there are no lineal descendants, or one-third if there are lineal descendants. Any homestead allowance is offset against that share.
Small estate affidavits and beneficiary deeds
A Missouri small estate affidavit requires thirty days to have elapsed since death and no application for letters or administration to be pending or granted. Property held as tenants by the entirety or joint tenants is excluded from the affidavit's itemized property of the decedent. When listed property is worth more than fifteen thousand dollars, the clerk shall publish a newspaper notice to creditors to file claims or be forever barred. After compliance with the affidavit procedure, the property shall not be taken in execution for the decedent's debts or claims. Compliance has the same effect in establishing distributees' right to succeed as complete administration.
A Missouri beneficiary deed for real property requires execution and recording with the recorder of deeds where the property is situated before the owner's death.
Common questions
What witnesses are required for a Missouri will?
A Missouri written will must be signed by the testator or a directed signer in the testator's presence, with attestation by two competent witnesses in the testator's presence.
When is a Missouri small estate affidavit available?
A Missouri small estate affidavit requires thirty days to have elapsed since death, with no application for letters or administration pending or granted.