This is a multi-state form covering the subject matter of the title.
Missouri Complaint to Contest Will
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FAQ
UNDER MISSOURI LAW A WILL IS ONLY GOOD FOR ONE YEAR. There are numerous reasons why that one (1) year deadline might pass without the will being filed. But, here's the problem: If the will is not filed in time, the will is invalid and Missouri intestacy laws control.
There are many reasons to file a will contest, which include but are not limited to, lack of capacity, improper execution, fraud, forgery, mistake, duress, insane delusion and undue influence. Many times undue influence will be alleged as the reason for attempting to set aside the will.
Any person who is at least 18 years old and of sound mind can make a will. When is a Will Legal in Missouri? In Missouri, a will is legal when it is signed and the signature was witnessed by two people. A will can be changed through a codicil with the same formalities as when the will was signed.
Like with wills or trusts, nonprobate transfers can be challenged and voided in court. A beneficiary designation or a revocation of a beneficiary designation that is procured by fraud, duress or undue influence is void. See Section 461.054, RSMo.
A person having a claim against an estate as a result of a judgment or decree must file his claim within the time specified in § 473.360, RSMo. This may be accomplished by filing a copy of the judgment or decree in the Probate Division within that time. See In re Estate of Wisely, 763 S.W. 2d 691 (Mo.
Under Missouri's Trust and Estate Law and Probate Code, no one is forced to be the executor, one must voluntarily agree to serve. That said, the original, signed Last Will and Testament will need to be filed with the probate court in the county where the deceased lived.
If there is a Will, the Original Will must be filed with Probate (RSMo 473.043) before Letters will be granted. Please enter a Note to Clerk to indicate when the Will was mailed or filed at the court.
In Page 8 Missouri, probate may be opened and administered and a will may be filed within one year after the decedent's death. Similarly, creditors may take actions to enforce claims which could force the sale of real property within a year of the date of death.
