If you divorce, Missouri law automatically revokes any bequests left in a will for the former spouse, but be careful, this does not necessarily include some assets such as retirement programs that fall under ERISA, so such matters can become complicated very quickly. Here again, make your changes official with two witnesses, as you did for your original will, as well as all other formalities. You may revoke or change your will by destroying it and making a new will. A codicil requires all of the same witnessing and/or notarization formalities you undertook for your original will. Under Missouri’s Probate Laws, should you need to make a change to your will, you may attach an amendment to it, which is called a “codicil”. To create a self-proving will, your will must have the correct language and correct affidavit attached, and must be notarized as required by Missouri Law. If your will is not “self proved” by having the appropriate notary wording, the Court will require the witnesses to the will to later attest that they did indeed witness the will and if a witness is missing or has died, this can create a problem.Ī self-proving will is helpful to the people who survive you, because the court can accept the will as “self proving”, meaning no one has to track down your two witnesses. While notarization is not a requirement for a valid will, Missouri allows for “self-proving” wills and a notary public’s seal is a necessary component of the proof of your signature. The two witnesses must also sign your will, in your presence.It must be signed in front of two witnesses.Make sure your will holds up to scrutiny by meeting Missouri will requirements. Will Power: The Requirements for Signing a Will in Missouri Where no one is named as an executor to administer the probate estate, the probate court will appoint one. Provide for the management of funds and property you leave to your loved ones.Ī will typically names a Personal Representative (sometimes called an Executor) to carry out its writer’s wishes.Name a guardian, conservator, or trustee to take care of your minor children.Ensure your valuables go to people or organizations you care about.Your properly drafted will, trust, and estate planning documents can: Thinking Ahead: Missouri Estate Planning Basics If no relatives can be found for a person who dies intestate, the state may even get assets that do not go to creditors. Thus the term “laughing heirs.” The assets simply come as a surprise windfall. When a person dies without a will, heirs may wind up inheriting assets from a deceased person they never even knew, let alone grieved over. Very rarely would there be no legal heirs, and in that rare occurrence, there are laws that govern who gets the assets. Next in line would be grandparents, aunts and uncles, or their descendants. If no such persons exist, the state directs the assets to go the parents and siblings, or their descendants. First priority is held by the surviving spouse and children, or their descendants. Missouri’s intestate succession laws prioritize the closest relatives of the deceased. Good estate planning results in the protection and distribution of everything you worked so hard for throughout your life, on your own terms.Ī person who puts off estate planning and dies intestate (without a will) leaves assets that will be divided and distributed according to state laws, referred to as the “ laws of intestate succession”. In Missouri, as in all states, the importance of estate planning becomes clear after someone close to you passes.
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