Detailed Answer
Under Missouri law, a valid will must meet specific execution requirements. The document must be in writing, signed by the testator, and witnessed by two credible witnesses who sign in the testator’s presence. (RSMo §474.330). Missouri also admits wills executed outside the state if they are valid under the law where signed. (RSMo §474.360). An unwitnessed, unnotarized document fails both standards and cannot be probated as a will in Missouri.
If you present an unwitnessed North Carolina document in a Missouri probate court, the court will treat the estate as intestate—meaning Missouri’s statutory descent and distribution rules apply. (See RSMo Chapter 474).
To preserve the testator’s intentions, consider these steps:
- Locate a properly signed and witnessed will. If one exists, submit that version.
- If the testator intended the unwitnessed document as a will, ask heirs to reexecute it. Have the testator sign anew with two witnesses.
- If the testator is deceased, you cannot validate an unwitnessed instrument. The estate will proceed under intestacy statutes.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed Missouri attorney before taking action.
Helpful Hints
- Review RSMo §474.330 (holographic and formal will requirements).
- Check RSMo §474.360 (out-of-state will validity).
- Understand intestate succession under Chapter 474 of the Missouri Revised Statutes.
- Gather evidence of the testator’s intent (e.g., drafts, notes) if you hope to draft a new will.
- Consult a probate attorney early to explore alternatives like reexecution or settlement agreements.