Gregory E. Robinson, P.C.

Missouri law sets forth three requirements to execute a will in Missouri. The Statute requires that every will be in writing, signed by the testator, or by some other person at the testator’s direction and in his presence and it must be attested by two or more competent witnesses who sign in the presence of the testator. Section 474.310 RSMO also requires the individual to be of sound mind and eighteen years of age in order to execute a will.

Section 473.050 RSMO provides that in order for the will of the decedent to be valid, it must be presented to the probate court within one year after the date of death of the decedent. According to the Statute, presentment is defined as either an affidavit requesting that the will be admitted to probate or a petition which seeks to have the will admitted to probate court. Attorneys will usually seek to have the will of the decedent admitted to probate court in order to ensure that it is valid after one year.

It is quite common to have a provision in the will waiving the bond requirement. Section 473.160 RSMO states that when the testator provides instructions in the will that no bond be required of the personal representative, no bond shall be required unless the court, in its discretion, finds it proper to require it.

It is also quite common for the will to provide for independent administration, without adjudication, order or supervision. Section 473.780 RSMO provides that when a will admitted to probate authorizes or directs independent administration, either by specific reference to this section or by language providing that the estate be administered without adjudication, order or direction of the court, the letters testamentary shall provide that the personal representative named therein may administer the estate independently.

If a testator has minor children, he or she will want to name a guardian in the will. After the testator’s passing the guardian named in the will can file a petition for guardianship on behalf of the decedent’s minor children.

If you created a living trust as part of your estate plan, you will typically execute a pour-over will. A pour-over will designates your living trust as the beneficiary of the will. It functions as a safety net and pours-over the assets you neglected to title into your living trust during your lifetime.

Personal representatives, accountants and attorneys can receive compensation pursuant to Section 473.153 RSMO.

Personal representatives and attorneys are compensated based upon the following schedule:

• 5 percent of the first Five Thousand Dollars;
• 4 percent of the next Twenty Thousand Dollars:
• 3 percent of the next Seventy Five Thousand Dollars;
• 2.75 percent of the next Three Hundred Thousand Dollars;
• 2.5 percent of the next Six Hundred Thousand Dollars; and
• 2 percent on everything over One Million Dollars.

The compensation schedule set forth above is the minimum compensation which is to paid to the personal representative and the attorneys. Section 473.153 RSMO provides that in any case where reasonable compensation to the personal representative and the attorneys is in excess of the minimum provided in the schedule the court shall allow such additional compensation as will make the compensation of the personal representative and the attorneys reasonable and adequate. Section 473.153 RSMO also provides that the performance by the personal representative and the attorneys of extraordinary services is not necessary to entitle them to such additional compensation.

Section 437.153 RSMO allows a personal representative to employ independent accountants, certified public accountants or tax specialists holding a valid permit to practice before the United States Treasury Department to assist the personal representative in filing the appropriate federal and state tax returns and such persons are allowed reasonable compensation for such services as determined by the court. If however, the court finds that any accountant’s services or actions in connection therewith are wrong, improper or injurious to the estate, no accountant fee whatsoever shall be allowed.

What should be included in your will is unique to your specific fact situation. The Missouri licensed attorneys at the law firm of Gregory E. Robinson, P.C., have over fifty years combined experience and they can assist you if you have questions regarding drafting a will. They will work with you to resolve your concerns regarding the probate process. The Missouri licensed attorneys at the law firm of Gregory E. Robinson, P.C., have the experience to advise you regarding how to proceed with drafting a will.

If you have questions regarding the probate process in Missouri, please feel free to watch one of my videos which discuss the probate process in more detail. If you are wondering how you might avoid the probate process in Missouri, please feel free to watch my video, A brief Guide to Living Trusts.

If you have any questions regarding the probate process in Missouri, please feel free to contact the law offices of Gregory E. Robinson, P.C., at 636 532-9500.

When an individual passes away Section 473.043 RSMO requires that the person having the custody of the will deliver it to the probate division of the circuit court which has jurisdiction of the estate.

If a will is in the safe deposit box of the decedent, the Statute requires that the custodian deliver the will to the proper probate court. The Statute also provides that if the probate division of the circuit court is satisfactorily informed that any person has in his possession the will of any testator, and refuses to produce the same, the court may summon the person, and compel that person, by attachment and commitment, to produce the same.