Court Safekeeping of Original Wills in Missouri
At a glance
| Statutory safekeeping route | Voluntary lifetime court deposit (§ 474.510(1)). |
|---|---|
| Who may deposit | Testator or testator's agent (§ 474.510(1)). |
| Proper court or clerk | Probate division of any circuit court (§ 474.510(1)). |
| Envelope and filing record | Court-approved sealed wrapper marked with testator; clerk adds delivery date and deliverer (§ 474.510(2)). |
| Fee and receipt | Fee set under Supreme Court rule; statutory preadjustment amount $3; certificate (§§ 474.510(1), 488.1010, 488.012). |
| Custody before death | Clerk keeps will; wrapper not opened or read before authorized delivery (§ 474.510(1)–(2)). |
| Retrieval before death | Testator or written designee, with order proved by subscribing witness's oath (§ 474.510(3)). |
| Notice after death | Clerk notifies wrapper-named recipient; if no delivery, notify executor and others court designates (§ 474.510(3)–(4)). |
| Opening and release after death | Deliver to named recipient; otherwise open publicly within 30 days of death notice and hold for probate or transmit to proper court (§ 474.510(3)–(4)). |
Requirements one by one
Deposit, wrapper, and certificate
Under § 474.510(1), a testator or agent may lodge a will with the probate division of any circuit court. The clerk keeps it and gives a certificate of deposit. Under § 474.510(2), the sealed wrapper needs court-approved form and the words “Will of” followed by the testator's name. The clerk adds the delivery date and deliverer's identity; the wrapper may also name a person to receive the will after death.
The deposit fee is governed by § 488.1010, which refers to the amount determined under §§ 488.010–488.020. Under § 488.012(1), current amounts are assigned to Supreme Court rule, while § 488.012(3)(4) states $3 only as the amount before adjustment. The statute itself does not establish a fixed current dollar amount.
Custody and lifetime retrieval
Section 474.510(2) bars opening or reading the wrapper before authorized delivery or other statutory disposition. During the testator's life, § 474.510(3) permits delivery only to the testator or a person authorized by a written order proved by a subscribing witness's oath.
After death
Under § 474.510(3), the clerk notifies and delivers the will to a postdeath recipient named on the wrapper, if one was named. If it is not delivered to that person, § 474.510(4) requires public opening in court within 30 days after notice of death. The court retains it until offered for probate, notifies the named executor and anyone else it designates, and sends it to the proper court if venue lies elsewhere, retaining a true copy first.
What trips people up
The wrapper's postdeath recipient is optional (§ 474.510(2)). If delivery to that person does not happen, the public-opening clock runs from notice of death, not from the date of death (§ 474.510(4)).
Common questions
Must the court be in the testator's county of residence? No. Section 474.510(1) permits deposit with the probate division of any circuit court.
May someone appointed to receive the will after death inspect it while the testator lives? The postdeath name on the wrapper does not itself authorize lifetime release. Section 474.510(3) requires a separate written order from the testator proved by a subscribing witness's oath.
Statutes and sources
- Mo. Rev. Stat. §§ 474.510(1)–(4), 488.1010, 488.012(1)–(2), 488.012(3)(4): current official text, verbatim quotes, URLs, and access dates above.
Source links
Every statute quoted above, linked, with the date we checked it.
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