When someone who witnessed a will cannot show up in person during the will's court process, the court can send out an official document called a commission. This document lets another authorized person — like a notary, judge, mayor, or military officer — go to where the witness lives and officially record what the witness says about the will. This works whether the witness lives in Missouri, another state, or another country.
473.057. for of nonattendant witness. — If a witness to any for is prevented from attending at the time when any will is produced for , the or court may a commission annexed to the will or a thereof, and directed, if the witness resides out of the United States to any court having a seal, of any state, kingdom, republic or empire, or mayor or other of any city or town having a seal, or to any minister or consul of the United States to any country in which the witness resides; if without this state and within the United States, to any court having a seal, or to any in the state, territory or in which the witness resides; and if within this state, to any court having a seal, or judge thereof, notary public, mayor, or other chief officer of any city or town in the county where the witness resides, empowering him to take and the of the witness. If any witness is a member of the on and out of this state, the commission may be issued to any , other than a , of any of the Armed Forces of the United States, on active duty, and shall authorize him to take and certify the attestation of the witness.
(RSMo 1939 § 533, A.L. 1955 p. 385 § 44, A.L. 1973 S.B. 132, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 532; 1919 § 520; 1909 § 550
Effective 1-02-79
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Related Missouri laws
Testimony before officer, effect
RSMo 473.060
Testimony of subscribing witnesses, other evidence
RSMo 473.053
Testimony to be recorded
RSMo 473.063
Wills, presentment for probate, time limited
RSMo 473.050
Probate of will, when
RSMo 473.065
Certificate of probate or rejection
RSMo 473.047
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.