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If there is a Will, the Original Will must be filed with Probate (RSMo 473.043) before Letters will be granted. Please enter a Note to Clerk to indicate when the Will was mailed or filed at the court.
If there is a Will, the Original Will must be filed with Probate (RSMo 473.043) before Letters will be granted. Please enter a Note to Clerk to indicate when the Will was mailed or filed at the court.
A: Proceedings in probate consist of estates for deceased persons, guardianship and/or conservatorship for adults and minors, and wills for deceased persons. They are filed in the Probate Division which is located on the 5th Floor of the Courts Building at 105 South Central, Clayton, Missouri.
An earlier will may be canceled by properly executing a newer will. You can cancel your own will by destroying the original and any copies you may have made. Missouri courts recognize wills executed in other states if properly done under their laws.
Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by someone else in the testator's name in his presence, by his direction. Witnesses: A Missouri will must be signed by at least two witnesses who should not be beneficiaries, in the presence of the testator.
Missouri does not recognize holographic wills (wills that are handwritten by the testator and are not signed and attested by witnesses). All wills must be attested to by two or more competent witnesses. A handwritten will that is witnessed properly by two witnesses is valid.
? Every will shall be in writing, signed by the testator, or by some person, by his direction, in his presence; and shall be attested by two or more competent witnesses subscribing their names to the will in the presence of the testator.
UNDER MISSOURI LAW A WILL IS ONLY GOOD FOR ONE YEAR. There are numerous reasons why that one (1) year deadline might pass without the will being filed. But, here's the problem: If the will is not filed in time, the will is invalid and Missouri intestacy laws control.