Make a Missouri Last Will and Testament

Missouri State Last Will and Testament Laws

Definition of Will - §472.010

Laws - Chapter 474: Probate Code - Intestate Succession and Wills

Witnesses - According to §474.320, the Will must be signed by two (2) witnesses.

A Sample Missouri Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your legal name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Provide your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you are not single, provide the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, provide that information here.

Step 5 - List your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or disabled in some way, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - List the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, list the age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to distribute those assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian to care for them if you pass away, provide the guardian’s information as well information for an alternate guardian and/or a conservator:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

When you sign your will, you must do so with two witnesses who also sign.

Why do you need a Missouri last will and testament form?

In the State of Missouri, the last will and testament is a legal document in which the testator lays out their wishes for their estate upon their death. Assets such as real estate, digital property, jewelry, bank accounts, and more can all be left in a will to be distributed to a spouse, children, loved ones, friends, or charities. Creating a valid will is an essential step in estate planning. Ongoing charitable donations can be included in a Missouri will. By creating a will you are also able to name an executor who will carry out your wishes.

The benefits of having a will

A last will and testament is not legally required according to Missouri law. However, there are many advantages to having one in place.

• Any assets in your name can be distributed to named beneficiaries in whatever manner you desire.
• You can also name an executor in your will that will be responsible for carrying out your wishes as outlined by your will.
• A will also allows you to name a guardian for the dependents in your care.
• It also allows for pet trusts to be included.
• There is a simplified probate process in Missouri for estates that are worth less than $40,000.

The costs of not having a will

Without a will, upon your death, intestacy laws will be invoked, meaning the distribution of your assets will be determined by the probate court. In the State of Missouri, a surviving spouse will inherit the entirety of the estate if there are no descendants. If there are descendants and a surviving spouse, the spouse will receive $20,000 and half of the remainder. The rest will be divided among descendants. If there is no surviving spouse or children, the next closest relative will be identified to inherit the estate. If no relatives can be found, the State of Missouri becomes the beneficiary of the estate.