[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Transmittal of Last Will and Testament of Decedent Dear [Recipient's Name], I hope this letter finds you well. I am writing to formally transmit the Last Will and Testament of [Decedent's Full Name], who recently passed away on [Date of Death]. I have been appointed as the personal representative or executor of the decedent's estate, and it is my responsibility to ensure the proper distribution of assets and adherence to the instructions laid out in the Last Will and Testament. Enclosed within this letter, you will find a certified copy of the Last Will and Testament of [Decedent's Full Name]. The document bears the original signatures of the decedent and the required witnesses, thereby making it legally binding in accordance with the laws of the state of Missouri. The Last Will and Testament outlines the decedent's final wishes regarding the distribution of their assets, appointment of an executor, and any specific instructions related to funeral arrangements or the care of dependents, if applicable. It is of utmost importance that you carefully review the document to ensure full understanding of the instructions provided. In case you have any questions or require further clarification regarding the provisions or intentions outlined in the Last Will and Testament, please do not hesitate to reach out to me. I am here to assist you and address any concerns you may have during this process. Moreover, I kindly request that you notify me in writing of your acceptance or refusal to act as a beneficiary, executor, or any other role assigned to you in the Last Will and Testament within [state a specific time frame, e.g., 30 days] from the receipt of this letter. Should you decide to accept your designated role, please include your signed acceptance along with the letter of notification. Please be aware that failure to respond within the aforementioned timeframe may result in necessary legal actions to ensure the efficient administration of the decedent's estate. I appreciate your attention to this matter and your cooperation in adhering to the wishes of the decedent as specified in their Last Will and Testament. If you have any further queries or concerns, please feel free to contact me at [Your Phone Number] or [Your Email Address]. Thank you for your prompt attention to this important matter. Sincerely, [Your Name] [Your Title, if applicable] [Your Relationship to the Decedent]
Missouri Sample Letter transmitting Last Will and Testament of Decedent
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FAQ
Missouri does not recognize holographic wills (wills that are handwritten by the testator and are not signed and attested by witnesses). All wills must be attested to by two or more competent witnesses. A handwritten will that is witnessed properly by two witnesses is valid.
To be appointed, the personal representative needs to usually apply for ?letters testamentary? with the proper court, which in turn will authorize that person to act as personal representative and carry out the instructions contained in the decedent's will.
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.
Can I Get Letters Testamentary without a Will? The simple answer is no. Letters Testamentary is issued when a person dies with a Will. If a person dies without a Will (?Intestate?), it is necessary for an heir to bring application to receive Letters of Administration and for declaration of heirship.
Many problems can arise if real estate does not go through probate: if real estate remains stuck in the name of a dead person, and there is a mortgage on the property, the mortgage company could foreclose. If no one pays the real estate taxes, the county may foreclose after three years.
Missouri law requires anyone who is in possession of a deceased person's last will and testament to deliver that Will to the local Probate Court. There is also a Missouri law that requires that a Will must be admitted into evidence in the Probate Court within one year from the decedent's date of death.
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.
The general requirements for a valid Will are usually as follows: (a) the document must be written (meaning typed or printed), (b) signed by the person making the Will (usually called the ?testator? or ?testatrix?, and (c) signed by two witnesses who were present to witness the execution of the document by the maker ...
