Deposit of will in court in testator's lifetime
A person can drop off their will at a probate court for safekeeping while they are still alive. The will gets sealed in an envelope and stored until the person dies. Only the person who made the will can get it back while alive, unless they give written permission to someone else. After death, the court opens the will and gets it to the right people so it can go through the legal process.
474.510. of will in court in 's lifetime. — 1. A will may be deposited by the person making it, or by such person's , with the of any , to be safely kept until ed or as hereinafter provided. The shall receive and keep the will, and give a for it.
2. Every will intended to be deposited shall be in an manner approved by the circuit court, , subject to rules of the supreme court, which shall have endorsed thereon "Will of", followed by the name of the testator. The clerk of the court shall endorse thereon the day when, and the person by whom, it was delivered. The wrapper may also be endorsed with the name of the person to whom the will is to be delivered after the death of the testator. It shall not be opened or read until delivered to a person entitled to receive it, or otherwise disposed of as hereinafter provided.
3. During the lifetime of the testator, the will shall be delivered only to such testator, or to some person by such testator by an in writing duly proved by the oath of a . After the testator's death, the clerk shall notify the person named in the on the wrapper of the will, if there is a person so named, and deliver it to such person.
4. If the will is not delivered to a person named in the endorsement on the wrapper, it shall be publicly opened in the court within thirty days after notice of the testator's death, and be retained by the court until offered for . Notice shall be given to the named therein and to such other persons as the court may . If the proper is in another court, the will shall be transmitted to such court; but before such transmission a true copy thereof shall be made and retained in the court in which the will was deposited.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1955 p. 385 § 280, A.L. 1978 H.B. 1634, A.L. 1996 S.B. 869) Effective 7-01-97 Fees required by probate division for deposit of will with the court prior to death of testator for safekeeping, 488.1010.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.