Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Detailed Answer: Locating and Verifying Original Wills and Codicils in Missouri
Before you open probate in Missouri, you must find and confirm the authenticity of the decedent’s original will and any codicils. Missouri law provides procedures for depositing wills with the clerk, accessing safe-deposit boxes, and proving execution. Follow these key steps:
1. Check the County Clerk’s Office for Deposited Wills
Under Mo. Rev. Stat. § 474.240, a testator may deposit an original will or codicil with the clerk of the circuit court in the county where they reside. The clerk maintains a sealed file and records each deposit as required by Mo. Rev. Stat. § 474.260. After the testator’s death, you can request the clerk to retrieve the document for probate.
2. Search Safe-Deposit Boxes and Personal Records
Many people store wills in bank safe-deposit boxes or at home. In Missouri, Supreme Court Rule 176 allows a personal representative or interested party to petition the probate court for an order to open a safe-deposit box when you suspect it contains a will. If the bank refuses access, file a Rule 176 motion and provide notice to all interested parties.
3. Contact the Testator’s Attorney and Financial Institutions
Law firms often keep originals or copies of client wills. Reach out to any attorney who handled the decedent’s estate planning. Also, contact banks, trust companies, and financial advisors. Recordkeeping departments may list a will in a client file or trust folder.
4. Verify Execution and Authenticity
Missouri requires that a will be in writing, signed by the testator, and attested by two witnesses. To admit a will to probate, the court needs proof of proper execution under Mo. Rev. Stat. § 474.320. You can prove authenticity by:
- Obtaining affidavits from one or more attesting witnesses.
- Presenting a notarized self-proving affidavit, if one accompanies the will.
- Producing credible secondary evidence if a witness is unavailable.
5. Use a Lost Will Affidavit If Necessary
If the original will or codicil is missing but you have proof of its terms and execution, you may file a lost will affidavit under Mo. Rev. Stat. § 474.350. You must state the will was last in the testator’s possession, that it cannot be found, and provide witness testimony to its validity.
Helpful Hints
- Keep a checklist of all possible storage locations: attorney offices, banks, safe-deposit boxes, home files.
- Ask family members or executors if they recall where the testator kept personal documents.
- Review the decedent’s email or calendar for appointments with estate planners.
- Document every search step and interaction to satisfy court requirements.
- Consider hiring a probate investigator if you encounter resistance or dead ends.