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

474.310. Who may make will. — Any person of sound mind, eighteen years of age or older or any minor emancipated by adjudication, marriage or entry into active military duty into the military may by last will devise his or her real or personal property and may also devise the whol…

474.320. Will form, execution, attestation. — 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…

474.330. Who may witness will — effect of interest in will. — 1. Any person competent to be a witness generally in this state may act as attesting witness to a will. 2. No will is invalidated because attested by an interested witness; but any interested witness shall, unless the …

474.333. Will may provide for disposal of personal property by separate list. — A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, docum…

474.337. Written will self-proved, how. — 1. A written will may at the time of its execution, or at any subsequent date, be made self-proved, by the acknowledgment thereof by the testator and the witnesses, each made before an officer authorized to administer oaths under the laws…

474.340. Nuncupative wills. — 1. A nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril, and must be: (1) Declared to be his will by the testato…

474.350. Revocation of nuncupative will. — A nuncupative will or any part thereof can be revoked by another nuncupative will. ­­-------- (L. 1955 p. 385 § 264)

474.360. Written will valid if executed in compliance with law. — A written will is valid if executed in compliance with: (1) The laws of this state; (2) The laws, as of the time of execution, of the place where the will is executed; or (3) The laws of the place where, at the tim…

474.370. Foreign wills, recorded when, evidence. — Authenticated copies of wills, probated in another state, and the probate thereof, shall be recorded in the same manner as wills executed and proved in this state, and shall be admitted in evidence in the same manner and with lik…

474.380. Probate of foreign wills. — Any will admitted to probate in any state, territory or district of the United States, together with the order admitting the same to probate therein, authenticated according to act of congress, shall be admitted to probate in this state in any…

474.382. Wills and trusts, English translation required, costs. — All wills and estates shall have an official English translation to ensure the accurate execution of such documents. If no such translation is provided at the time of probate, the court with jurisdiction shall make…

474.390. Contest of foreign will. — Any will admitted to probate or recorded under section 474.380 thereafter may be contested and annulled, within the same time, and in the same manner, as wills executed and proved in this state. ­­-------- (RSMo 1939 § 554, A.L. 1955 p. 385 § 2…

474.395. No-contest clauses, application of, petition may be filed — definition. — 1. If a will contains a no-contest clause, an interested person may file a petition with the court for a determination whether a particular motion, petition, action, or other claim for relief by th…

474.400. Revocation of wills. — No will in writing, except in the cases herein mentioned, nor any part thereof, shall be revoked, except by a subsequent will in writing, or by burning, cancelling, tearing or obliterating the same, by the testator, or in his presence, and by his c…

474.410. Revocation of subsequent will also revokes first will — exception. — 1. If a second will, which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under section 474.400, the first will is revoked in w…

474.420. Change in circumstances — divorce. — If after making a will the testator is divorced, all provisions in the will in favor of the testator's spouse so divorced are thereby revoked but the effect of the revocation shall be the same as if the divorced spouse had died at the…

474.425. Property given by testator during life treated as satisfaction of devise, when — valuation. — Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part only if the will provides for deduction of…

[Repealed or reserved.]

474.435. Class gift terminology includes certain persons and relationships, how determined. — Halfbloods, adopted persons and persons born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for pu…

474.440. Bond to convey does not revoke devise. — A bond, covenant or agreement made for a valuable consideration, by a testator, to convey any property devised or bequeathed in any last will previously made, does not constitute a revocation of the previous devise or bequest, eit…

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…

475.010. Definitions. — When used in this chapter, unless otherwise apparent from the context, the following terms mean: (1) "Adult", a person who has reached the age of eighteen years; (2) "Claims", liabilities of the protectee arising in contract, in tort or otherwise, before o…

475.011. Preference for spiritual healing not evidence of incapacity. — Nothing in this chapter shall be construed to constitute evidence of incapacity or partial incapacity of a person solely because such person refuses medical treatment upon the grounds that such person has con…

475.015. Relationship of guardianship provisions to uniform veterans' guardianship law — powers of Veterans' Administration. — 1. Sections 475.380 to 475.480, known as the "Uniform Veterans' Guardianship Act", do not apply to a guardianship proceeding, whether or not the ward is …

475.016. Persons adjudged incompetent prior to September 28, 1983 — review — effect on prior appointed guardians — one year to meet new reporting requirements. — 1. If there has been an adjudication of incompetency before September 28, 1983, any person so adjudicated shall be dee…

475.020. Applicability of provisions of probate code to guardianship. — The provisions of chapter 472, unless therein restricted to decedents' estates, apply to guardianships and conservatorships. Where sections in chapter 473 are specifically incorporated by reference by any pro…