Detailed Answer
Verifying whether a decedent left a valid will or estate planning documents under Missouri law involves several steps. First, understand the legal requirements for a valid will: it must be in writing, signed by the testator, and attested by at least two competent witnesses according to RSMo § 474.180 (RSMo § 474.180). Missouri does not maintain a central will registry, so documents reside with individuals or are filed for probate.
Next, check with the clerk of the circuit court in the county where the decedent lived or held property. Any will submitted for probate must be filed with the court clerk under RSMo § 474.230 (RSMo § 474.230). You can search probate records in person or, in some counties, online. All probate filings are public records per RSMo § 473.190 (RSMo § 473.190).
If a will is not found, investigate the decedent’s personal effects. Attorneys and financial advisors often store originals or certified copies. Safe deposit boxes may hold estate planning documents; under RSMo § 364.073 (RSMo § 364.073), a court order can grant you access.
Review correspondence, email, and file cabinets for trusts, powers of attorney, or health care directives. Speak with close friends or family who might know of existing documents. If uncertainty remains, consider consulting a probate attorney to guide you through court filings and help interpret discovered documents.
Disclaimer: This article is for informational purposes only. It does not constitute legal advice. For guidance on your unique situation, consult a licensed Missouri attorney.
Helpful Hints
- Visit the circuit court clerk’s office in the decedent’s county.
- Search online probate databases if available.
- Contact the decedent’s last known attorney or law firm.
- Request a court order to open any safe deposit box.
- Gather handwritten notes or emails referencing estate documents.
- Keep records of all inquiries, dates, and responses.