Title XXXI, TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

474.450. Encumbrance does not revoke devise — exoneration, when. — 1. A charge or encumbrance upon any real or personal property, for the purpose of securing the payment of money or the performance of any covenant or agreement, is not deemed a revocation of any will, relating to …

474.455. Devisee who does not survive testator by 120 hours treated as predeceasing testator — exceptions. — A devisee who does not survive the testator by one hundred twenty hours is treated as if he predeceased the testator, unless the will of decedent contains some language de…

474.460. Testator surviving devisee, effect. — When any estate is devised to any child, grandchild or other relative of the testator, and the devisee dies before the testator, or is treated as if he predeceased the testator, leaving lineal descendants who survive the testator by …

474.463. Exchange of securities not to adeem specific legacy. — An exchange of corporate stock, or of bonds, promissory notes or other securities, for other stock, bonds, promissory notes or securities of the same corporation or obligor or its successor does not adeem a specific …

474.465. Failure of devise to become part of residue. — 1. Except as provided in section 474.460, if a devise, other than a residuary devise, fails for any reason, it becomes a part of the residue. 2. Except as provided in section 474.460, if the residue is devised to two or more…

474.470. Rule in Shelley's case abolished, effect. — Where under a will a remainder is devised which is limited to the heirs, or heirs of the body of a person to whom a life estate in the same premises is devised, the persons who, on the termination of the life estate, are the he…

474.480. Devise deemed to convey fee simple, when. — In all devises of lands or other estate in this state, in which the words "heirs and assigns", or "heirs and assigns forever", are omitted, and no expressions are contained in the will whereby it appears that the devise was int…

474.500. Wills of land to be recorded, where. — In all cases where lands are devised by last will, a copy of such will shall be recorded in the recorder's office in the county where the land is situated, and if the lands are situated in different counties, then a copy of such wil…

474.510. Deposit of will in court in testator's lifetime. — 1. A will may be deposited by the person making it, or by such person's agent, with the probate division of any circuit court, to be safely kept until delivered or disposed of as hereinafter provided. The clerk of the co…

474.520. Construction of will. — The court in which a will is probated shall have jurisdiction to construe it at any time during the administration. Such construction may be made on the petition of the executor or administrator or of any other person interested in the will; or, i…

474.530. Wills heretofore probated, effect — evidence. — All wills heretofore proved and admitted to probate, not afterward rejected by the court, the records of the court not showing approval of such acceptance and probate during a regular session by the court, and which have be…

474.540. Citation of law. — The provisions of sections 474.540 to 474.564 shall be known and may be cited as the "Missouri Electronic Wills and Electronic Estate Planning Documents Act". ­­-------- (L. 2025 H.B. 754)

474.542. Definitions. — As used in sections 474.540 to 474.564, the following terms mean: (1) "Electronic", technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (2) "Electronic presence", the relationship of two or more ind…

474.544. Electronic will valid as a will for all purposes. — An electronic will shall be a will for all purposes of the laws of this state. The provisions of law applicable to wills and principles of equity shall apply to an electronic will, except as modified by sections 474.540…

474.546. Electronically executed will is an electronic will, when. — A will executed electronically, but not in compliance with subsection 1 of section 474.548, shall be an electronic will under the provisions of sections 474.540 to 474.564 if executed in compliance with the law …

474.548. Electronic will requirements. — 1. An electronic will shall be: (1) A record that is readable as text at the time of signing as provided in subdivision (2) of this subsection and remains accessible as text for later reference; (2) Signed by: (a) The testator; or (b) Anot…

474.550. Self-proved electronic will, requirements — form and content. — At the time of its execution or at any subsequent date, an electronic will may be made self-proved in the same manner as specified in section 474.337 or, if fewer than two witnesses are physically present in…

474.552. Revocation of a previous will, when — presumption of revocation, when. — 1. An electronic will may revoke all or part of a previous will. 2. All or part of an electronic will shall be revoked by: (1) A subsequent will that revokes all or part of the electronic will expre…

474.554. Disclosure of digital assets to obtain electronic will, when. — Without further notice, at any time during the administration of the estate or, if there is no grant of administration, upon such notice and in such manner as the court directs, the court may issue an order …

474.556. Certified paper copy of electronic will. — 1. An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. If the electr…

474.558. Need to promote uniformity of law, consideration given to. — In applying and construing the provisions of sections 474.540 to 474.564, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact sim…

474.560. Estate planning documents, electronic execution of — procedure. — 1. Any written estate planning document may be executed electronically, and no such estate planning document shall be invalid or void solely because it is in electronic form or because it is signed electro…

474.562. Federal acts, effect on. — The provisions of sections 474.540 to 474.564 modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but do not modify, limit, or supersede Section 101(c) of that act…

474.564. Applicability of act, when. — The provisions of sections 474.540 to 474.564 shall apply to any will of a decedent who dies on or after August 28, 2025, and to each written estate planning document, as that term is defined in section 474.560, signed or remotely witnessed …

474.600. Estate planning document, execution of — definitions — requirements — acknowledgment, form and content. — 1. As used in this section, the following terms mean: (1) "Applicable state of emergency", the period between April 6, 2020, and December 31, 2021, during which a st…