- March 1, 2025
- Kelvin Birk
- Estate Planning
Creating a will and estate plan is often one of those things we put off, thinking we’ll get to it tomorrow, or next week, or before the end of the year. But what happens if you die unexpectedly without a will in Missouri? None of us wants to think about that, but we should.
Creating a will and an estate plan now means that we are caring for our loved ones by preventing a lot of headaches for them in the future. Having a will and estate plan in place offers peace of mind and serves to preserve your property, prevent disputes, provide for your family, and lay out your wishes to make the administration of your estate as simple as possible.
Without a clear will, your assets will be distributed according to Missouri intestate succession laws that determine how your assets will be distributed among your surviving family members. This means the people you wish to inherit assets may not receive them. Instead, your affairs will be sorted out through the probate process after you pass away. Probate cases are handled at the local county circuit court in the probate division, and assets will be distributed based on Missouri’s probate law. This process can be public, slow, expensive, and it can be emotionally draining for surviving family members.
Our experienced estate planning attorneys at Birk Law Firm can help prevent these problems by guiding you through making a will and each step in the estate planning process. Whether your estate is large or small, we will help you gather the paperwork, explore your legal options, and craft a plan that is uniquely designed for you and your family.
What is a Will?
A will is a legal paper that states your wishes regarding the distribution of your assets and property after you die. You also can name the executor of your estate and guardians for minor children in your will.
In Missouri, a will is legal when it is in writing, was signed by the person making the will (the testator), and the signature was witnessed by two people who do not benefit from or have interest in the will. You must be at least age 18 or an emancipated minor and of sound mind when creating and signing the will. Under some circumstances, such as when made by a person in “imminent peril” of death, Missouri also recognizes oral wills made in front of two disinterested witnesses.
While in Missouri, you do not need to notarize your will to make it legal, it can help if you make your will “self-proving” by signing it along with two witnesses in front of a notary. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
If you want to change the terms of your will, you can do so by writing a codicil (an amendment) that must also be signed and witnessed in the same manner, or you can replace the original with a new will.
Reasons for Making a Will
One of the most important reasons for making a will is to set the terms for distribution of your assets and decide who receives property instead of having the state of Missouri decide for you. Missouri’s intestacy laws (Mo Rev. Stat. section 474.010) come into play if you die without a will, and there are complicated rules which depend on whether or not you have a surviving spouse, children, or family members.
For example, while your spouse will inherit your entire intestate estate if you do not have children, if you do have children together your spouse will inherit the first $20,000 of your estate, plus one-half of the balance of the estate. Your children or their descendants split the remaining balance. If you have neither a spouse nor children, your grandchildren or your parents will get your property, and then the list of beneficiaries continues with increasingly distant relatives. If you have no living relatives, the property goes to the state.
Other reasons for having a will include:
- A will allows a guardian and/or conservator to be nominated to care for any minor children, and you can name a trusted person to manage property you leave to minor children.
- You can name an executor in the will, the person who makes sure that the terms of your will are carried out.
- You may be able to reduce probate costs by waiving bond and providing for independent administration or by establishing a trust in your will.
- You can provide for pet care in your will.
- You can make charitable donations.
- If you have a large estate, you can reduce or eliminate estate taxes with a properly drafted will.
- Not having a will may lead to disputes and lawsuits among family members over asset distribution.
Do You Have to go Through Probate if You Have a Will?
Even if you have a will, your estate or part of it typically may still need to go through the probate process in Missouri. Property is subject to probate if it is left in your individual name without clearly articulated beneficiaries or co-owners. For example:
- Bank accounts in your name with no co-account holder or beneficiary
- Acreage or a house owned by you alone
- Stocks, bonds, or brokerage accounts in your name only
- Jewelry, vehicles, furniture, vacation properties or other valuables owned only by the decedent.
Missouri probate is required for estates greater than $40,000, while estates worth less than $40,000 may qualify for simplified probate procedures. However, there are certain types of property that are not subject to probate and are not included in the estate value calculation for probate purposes. These include assets that are jointly held, transferred on death, payable on death and have living beneficiaries, or are listed under a trust.
Get Help with Missouri Wills and Estate Planning
Having a properly executed will and estate planning documents can bring the peace of mind that comes from knowing your loved ones are protected and provided for, and you can trust the Birk Law Firm to guide you through all aspects of the process. Attorney Kelvin Birk is a Certified Public Accountant as well as a lawyer, and this combined expertise allows our law firm to have deep knowledge of the tax and financial implications of your estate planning. You can count on us for personal, compassionate attention in determining what is right for you.
Do not delay. We offer a free consultation, so call us today at 573-332-8585 to get started with planning your estate.
FREE CONSULT 573-332-8585
Attorney Kelvin Birk
Kelvin Birk is a lawyer as well as a certified public accountant, with more than 30 years of experience in accounting and tax and business consulting, and more than 20 years of experience in numerous legal matters. This combined expertise allows our law firm to provide a level of service above that of other firms. Whatever your legal situation, your attorney at Birk Law Firm can counsel you as to the tax implications. We have experience in providing myriad legal representation services to residents of southeast Missouri and other areas.. [ Attorney Bio ]
