#Does a will have to be notarized to be valid software
For the vast majority of people, an attorney will simply do the same things that a good will-making software does - ask you questions and then create documents for you based on your information and wishes. An attorney is not required to make a will in Missouri. Do I need an attorney to make a will in Missouri? So you should definitely make your will self proved to help your loved ones avoid this hassle. Missouri Revised Statutes 474.337.īy the time a will is submitted to a court, it can be difficult to find witnesses and bring them all to court - not to mention the legal costs. So, when an affidavit states that the will was properly executed, it’s as good as in-court testimony, and the witnesses don’t need to show up when it’s time for the will to be admitted to court. Therefore, an affidavit before a notary public is like making a statement in court. An affidavit is a sworn statement, and a notary public is an officer of the court.
How does it work? To make a will self-proved in Missouri, the testator and witnesses must sign a “self proving affidavit” before a notary public. (When a will that isn’t self proved is submitted to the probate court, the court will require testimony from witnesses, or other proof, to establish that the will is what it claims to be.) A self proved will can be admitted to probate court without the testimony of the witnesses to the will. Under Missouri law, a will that meets certain requirements - including proper notarization - is “self proved”. You should definitely have your will notarized. Regarding the will itself, the standard requirements are set forth in Missouri Revised Statutes 474.320.Įvery 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.Īlthough there are various exceptions and special rules, these are the standard requirements for Missouri wills. If a testator believes there might be any doubt as to his or her mental capacity at the time of the signing, a letter from a doctor affirming mental competence generally can be included with the will. Even a person with dementia or Alzheimer’s may be deemed to have a sound mind, if lucid at the moment of signing. More specifically, it means that at the time the will is made, you understand that you’re creating a will, the nature of the property you own, and to whom you’re leaving your property. Sound mind generally means that you’re aware of your actions when creating the will. Testator RequirementsĪny 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 whole or any part of his or her body to any college, university, licensed hospital or to the state anatomical board for use in the manner expressly provided by his or her will or otherwise. There are requirements for both the person making the will (called a “testator”), and for the will itself. To make a valid will in Missouri, certain legal requirements must be met. If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.Making a Will in Missouri Missouri Will Requirements This entry was posted in Blog and FAQ, Estate Law and tagged estate, NOTARIZATION, PRIOR WILLS, probate, REVOCATION, Wills on Augby Bill Pelger. Most wills have language which states that all prior wills are revoked. Normally, the new will is the one in effect as the new will presumably preempts the prior wills. It is likely that the witnesses to the will, will need to appear in court to attest they witnessed the will, or provide an affidavit to the effect. Would the latest one be the valid one? Would it come down to an ugly court battle if something ever happened to him?Ī: A will does not have to be notarized to be admitted into probate, however, it makes the probate process easier. I’m just curious if the will he gave us is valid since it isn’t notarized and what happens if he wrote another will leaving everything to his wife acting as if that was the only will to exist. I’m not sure if he wrote another will or not. Q: My dad wrote a will leaving his entire estate to me and my brothers several years ago.