What happens when a will is treated as invalid in Missouri probate?

Summary: Under Missouri law, a will that was not properly signed and witnessed may be denied probate. If the court refuses to admit the document as a valid will, the decedent’s property typically passes by Missouri’s intestacy rules or by other legal claims (for example, a previously admitted will, a trust, or a remedy like constructive trust). This article explains how Missouri courts treat improperly executed wills, what the probate process looks like, and practical steps to take.

Detailed answer — Missouri law and the improperly signed will

Missouri law sets formal requirements for most wills. The basic rule is that a will must be in writing, signed by the testator (the person making the will), and attested by two competent witnesses. The Missouri Revised Statutes address wills and their execution; see Chapter 474 (Wills): https://revisor.mo.gov/main/OneChapter.aspx?chapter=474.

If a will is not signed in the required manner, the probate court may conclude the document is not a valid will. What happens next depends on several factors:

• Refusal to admit the document as a will: If the court finds the document fails to meet statutory execution requirements and no applicable exception applies, the court will refuse to admit it to probate. The document then has no force as a will in probate.
• Estate distribution by intestacy: When no valid will is admitted, the estate normally passes under Missouri’s intestacy rules. Intestate succession determines which relatives inherit and in what shares (for example, spouse, children, parents, siblings). If you need the exact statutory order of heirs, consult the Missouri statutes and the probate court handling the estate: Missouri Revised Statutes, Chapter 474.
• Possible exceptions or alternate routes to probate: Some jurisdictions recognize doctrines that allow an improperly executed document to be treated as a will in limited circumstances—examples in other states include “substantial compliance” or a “harmless error” doctrine, and recognition of holographic wills (handwritten by the testator). Whether those doctrines apply in Missouri depends on statutory text and case law. A petitioner may try to convince the court to admit the document by proving facts that show the decedent intended the document to be their will, or by seeking admission of a lost or destroyed will if the signature was on a prior, now-lost, executed document.
• Contests and proof burden: The person who seeks admission of a will must prove its due execution. Opponents (heirs, beneficiaries, creditors) can file objections and present evidence that formalities were not met or that the document is invalid due to lack of capacity, undue influence, forgery, or fraud. The exact evidentiary burden and procedural steps follow Missouri probate practice and local court rules.
• Other legal remedies: Even if a will is not admitted, beneficiaries or others may have alternative claims. Examples include: (a) asserting ownership under a trust or beneficiary designation, (b) asserting a constructive trust or unjust enrichment claim against someone who unjustly received assets, or (c) seeking reformation or rescission in limited circumstances. These remedies require a separately filed lawsuit and proof of the necessary elements.

What this looks like in practice — a hypothetical

Imagine a decedent left a typed document naming beneficiaries but did not sign it, and no witnesses signed. A family member asks the probate court to admit the document as the decedent’s will. The court will review the petition and supporting evidence. If the court finds the document lacks the required signature and no statutory exception applies, the court will refuse probate. The estate will then be administered under Missouri’s intestacy rules unless another valid estate planning instrument exists (for example, a properly executed earlier will or a trust).

Practical consequences for heirs and named beneficiaries

• Named beneficiaries in the unsigned document will not receive inheritances through probate from that document if the court refuses to admit it.
• Heirs under intestacy (spouse, children, etc.) may receive property even if the unsigned document names different beneficiaries.
• Creditors and taxes still must be paid from the estate before distributions under intestacy or any valid will.
• Property held outside probate (joint tenancy, payable-on-death accounts, life insurance with beneficiary designation, or trust assets) generally passes outside probate and is not affected by an invalid will.

Steps to take if you encounter an improperly signed will in Missouri

1. Gather documents: the unsigned document, any earlier wills, records of beneficiary designations, statements, and communications from the decedent about estate plans.
2. Talk to witnesses: locate anyone who witnessed the document or who can testify about the decedent’s intent or signing.
3. File or respond to a probate petition promptly: probate is a time-sensitive process; delaying can limit legal options.
4. Consider alternate claims: if assets moved outside probate or someone received estate property improperly, consider claims like constructive trust or recovery actions.
5. Consult a probate attorney: an attorney can evaluate whether any exceptions apply, whether the document might be admitted under Missouri law, and what procedural steps to take in the probate court.

Helpful Hints

• Act quickly. Probate and will contests follow court deadlines and procedural rules—delays can reduce or eliminate options.
• Keep copies of all estate-related documents and communications. Written or recorded evidence of the decedent’s intent can matter.
• Determine whether key assets pass outside probate (title forms, beneficiary designations, trusts). Those assets are often unaffected by probate outcomes.
• If you are a named beneficiary on an unsigned document, don’t assume you will inherit. Intestate heirs may have stronger legal claims.
• Expect the probate court to require clear evidence of formal execution. The person presenting the document to the court must prove it meets Missouri’s requirements or fits an established exception.
• Consult a probate attorney licensed in Missouri for case-specific advice. Probate practice varies by county and judge.

Where to read the law: Missouri Revised Statutes, Chapter 474 (Wills): https://revisor.mo.gov/main/OneChapter.aspx?chapter=474. For local probate procedures, check the probate division of the county court where the decedent lived.

Final note / disclaimer: This article provides general information about Missouri probate and will execution. It is not legal advice and does not create an attorney-client relationship. Laws change and each case turns on its facts. For advice tailored to your situation, consult a licensed Missouri attorney who handles probate and estate matters.