The Missouri Electronic Will and Electronic Estate Planning Documents Act, RSMo. §474.540 et. seq., which became effective on August 28, 2025, allows the signing, witnessing, and storage of estate plan documents entirely online.
What Documents Can Be Signed Online?
- Wills and codicils
- Revocable and irrevocable trusts and amendments
- Durable powers of attorney for health care and property
- Advance directives (living wills)
- Beneficiary deeds
- Revocations of these documents
Any of these documents that are signed electronically are as legally valid and enforceable as a paper version and can be securely stored online to enable easy access.
Requirements for Signing Electronically
The Act requires that documents to be electronically signed must be readable and accessible in text form at the time of signing; must be signed by the person who created the document (the “testator”) or by someone who is directed to sign by the testator; for documents requiring witnesses, witnessed by two people unrelated to the testator who are physically present with the testator or present on video; and notarized by a notary who is certified to perform electronic notarizations. Not all notaries can perform electronic notarizations, so be sure to confirm the notary’s eligibility for this service.
The Act specifically recognizes the validity of documents signed electronically during Missouri’s COVID-19 state of emergency.
Benefits of the Act
The Act increases access to enable more people to create estate planning documents by eliminating the need to travel and print paper documents and by reducing the time between creating and finalizing these documents, which can be essential for individuals who have limited mobility or who are facing a time-sensitive medical issue.
Why You Still Need a Lawyer’s Guidance
Consulting with a lawyer to understand your options and the authority given appointees named under these documents is still recommended as on-line “do it yourself” estate plan programs do not explain the consequences of the choices made when you use pre-drafted documents.
To discuss creating your estate plan documents and how to electronically sign these documents, please contact the attorneys at Paule, Camazine & Blumenthal, P.C.
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