The Missouri Last Will and Testament is a legal estate-planning document, created by a testator (person to whom the will belongs), that states detailed instructions on how the distribution of all financial accounts, real and personal property, as well as any other assets of the estate shall be distributed among designated beneficiaries who are named in the will after the testator’s death. The testator’s property can be transferred upon their death to relatives, friends, charitable organizations, or whomever the testator determines should inherit certain property or assets. It is required by Missouri law for the document to be signed by the testator in the presence of two (2) competent witnesses. And though optional, a testator can have the will acknowledged by a state-authorized notary public to further verify its legality.
Table of Contents
Laws
Definition – (§ 472.010) – “Will” includes codicil; it also includes a testamentary instrument which merely appoints an executor and a testamentary instrument which merely revokes or revives another will.
Signing Requirements (Section 474.320) – Two (2) competent Witnesses in the presence of the testator.
Statutes – Title XXXI Chapter 474 (Sections 310-530)
Guide to Wills – Provided by the Missouri BAR.
(Video) How to Make a Will in Missouri
How to Write
Step 1 – Testator -Enter the legal name of the testator on the line at the top of the document along with the following:
- Name
- City
- County
- Testator must carefully review the remainder of the paragraph
- Review the Expenses and Taxes section
Step 2 – Nomination of Representative (Executor)–
- Enter the name of the executor
- Name of executor’s city
- County
- State
Alternate Executor –If the initial representative, for whatever reason is unable to serve, provide information for a second
- Enter the full name of the alternate executor
- Name of executor’s city
- County
- State
Step 3 – Disposition of Property –
Beneficiary’s Information
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of their SSN
- Enter the property being bequeathed
Step 4 – Testator should review all of the following:
- Omission
- Bond
- Discretionary Powers of Personal Representative
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures/Witnesses – All signatories must be present.
- Enter the testator’s name
- Date of testator’s signature in dd/mm/yyyy format
- Testator Signature
- Testator (Printed Name)
Witnesses – The witnesses must review the brief statement and provide the following –
- Date the document in dd/mm/yyyy format
- Enter the name of the testator
Witness 1 –
- Witness Signature
- Address
Witness 2 –
- Witness Signature
- Address
Step 6 – Testament Affidavit – All parties must review and provide the following:
- State
- County
- Name of testator
- Name of Witness 1
- Name of Witness 2
- AND ENTER
- Testator Signature
- Witness 1 Signature
- Witness 2 Signature
Step 7 (Optional) – Notarization – Once the notary public has witnessed all signatures they shall then complete the remainder of the document.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF