Detailed Answer
1. Overview of Probate for Old Wills in Missouri
In Missouri, probate is the legal process that validates a decedent’s will and oversees asset distribution. Missouri does not impose a strict deadline for filing a will, even if discovered decades after execution. However, the court must ensure authenticity and protect heirs’ rights.
2. Locating and Authenticating the Original Will
The starting point is the original signed document. Under Missouri law, a valid will requires the testator’s signature and at least two attesting witnesses present at the same time. See Mo. Rev. Stat. § 474.360. If the will includes a self-proving affidavit signed before a notary, it satisfies attestation under Mo. Rev. Stat. § 473.087. Authenticity factors include consistent handwriting, witness statements, and corroborating evidence such as dated drafts or correspondence.
3. Filing a Petition for Probate
File a petition for probate in the probate division of the circuit court where the decedent was domiciled, per Mo. Rev. Stat. § 473.033. The petition typically includes:
- The original will
- Certified death certificate
- List of heirs and beneficiaries
- Proposed personal representative
Once filed, the court issues letters testamentary to the appointed representative, authorizing estate administration.
4. Proving Lost or Incomplete Wills
If the original will is torn, partially destroyed, or unavailable, you must comply with Mo. Rev. Stat. § 474.440. You must:
- Explain why the original cannot be produced
- Prove the will’s contents through at least two credible witnesses or a copy
The court evaluates cause for non-production and the reliability of proof before admitting the will.
5. Addressing Delayed Discovery
Missouri courts recognize that some wills surface long after execution. Key challenges include:
- Locating attesting witnesses
- Verifying document integrity
- Notifying distant or unknown heirs
While there’s no filing time limit, courts may scrutinize undue delays and their impact on heirs and creditors.
6. Administration and Closing the Estate
After the will is admitted, the personal representative inventories assets, notifies creditors, pays debts and taxes, and distributes property per the will’s terms. Upon completion, the representative files a final report and petitions for discharge. The court then closes the estate.
Disclaimer: This article provides general information on Missouri probate law and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Store the original will in a secure, known location.
- Collect contact information for witnesses early in the process.
- Gather supporting evidence such as dated letters or drafts.
- Notify potential heirs and creditors promptly.
- Consider hiring a probate attorney for complex estates or delayed filings.
- File probate documents accurately to minimize court delays.