When someone dies and leaves a written will, at least two of the people who signed the will as witnesses need to testify (speak up in court) that the will was done correctly. If some witnesses have died, are too sick to testify, or cannot be found, then proof of their handwriting or other available evidence can be used instead.
473.053. of es, other evidence. — 1. At least two of the subscribing witnesses to a written shall be examined if they are alive and and otherwise available. Before any will is each of at least two witnesses shall testify to facts showing that the will was in accordance with section 474.320. This section does not alter the as to the of a will by in or affect the probate of a .
2. If either or both of the subscribing witnesses to the will are dead, physically or mentally incapable of testifying, or their whereabouts unknown, then of the will by and its by subscribing witnesses shall be proved by the available subscribing witness, if any, and of the handwriting of any dead or subscribing witness or subscribing witness whose whereabouts is unknown, or by such other as is available.
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Source & history notes
(L. 1955 p. 385 § 43, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1983 S.B. 44 & 45)
Related Missouri laws
Wills, presentment for probate, time limited
RSMo 473.050
Commission for testimony of nonattendant witness
RSMo 473.057
Certificate of probate or rejection
RSMo 473.047
Testimony before officer, effect
RSMo 473.060
Will of decedent, where delivered
RSMo 473.043
Testimony to be recorded
RSMo 473.063
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.