Missouri has officially entered the digital era of estate planning.
With the passage of the Missouri Electronic Wills and Electronic Estate Planning Documents Act, residents can now execute wills, trusts, and other estate planning documents electronically without requiring traditional in-person signing.
The law, effective August 28, 2025, modernizes how estate plans are created, signed, and stored — providing flexibility while still maintaining strict legal safeguards.
For individuals considering whether to create a will or trust, this law opens the door to more convenient planning options — but it also introduces new risks if documents are not executed properly.
What Is an Electronic Will or Trust?
AAn electronic will or trust is an estate planning document that is created, signed, witnessed, and stored digitally.
Instead of signing paper documents in an attorney’s office, the execution ceremony can occur through secure video conferencing and digital signature platforms.
If you’re new to estate planning, you may want to first review how the estate planning process works before deciding whether electronic execution makes sense.
What Documents Can Be Signed Electronically?
MMissouri’s law applies to most core estate planning documents, including wills, trusts, powers of attorney, and healthcare directives.
This means a full estate plan can now be executed remotely — similar to how many families already structure plans designed to avoid probate through trust planning.
Execution Requirements Under Missouri Law
Even in digital form, estate planning documents must meet specific legal standards.
1. Electronic Signature of the Testator
The person creating the will or trust must sign electronically — or direct someone else to sign in their presence.
Intent remains key. Courts still look at whether the person intended the document to function as their will.
2. Two Witness Requirement
Just like paper wills, electronic wills require at least two witnesses.
Witnesses must:
- Observe the signing in real time
- Be physically present or electronically present via live video
- Sign electronically themselves
“Asynchronous” witnessing (watching later recordings) is not allowed.
3. Electronic Presence Defined
Electronic presence generally means:
- Live, real-time audio/video communication
- All parties can see and hear each other
- Interaction is contemporaneous
Think Zoom — not email.
4. Remote Online Notarization
Missouri allows remote online notarization for self-proving affidavits and certain estate planning documents.
This allows a will to become self-proving without in-person notarization — streamlining probate later.
A qualified estate planning attorney drafts your will, trust, and any related documents using a secure digital platform that meets Missouri’s statutory standards.
2. Electronic Signing Session
During your signing session:
- You review your documents online
- You sign digitally in a platform that can authenticate your identity
- Two witnesses join you, either in person or via secure live video, to observe and sign
- If desired, a remote online notary notarizes your self-proving affidavit
This digital session replaces the traditional in-office signing.
3. Secure Digital Storage
Once signed, your electronic estate planning documents can be stored:
- In secure cloud storage provided by your attorney or a trusted digital document service
- With specialized vaulting services that ensure accessibility for fiduciaries
- As certified paper copies — which are sworn under penalty of perjury to be accurate copies of the electronic will — for institutions that require physical originals
Clients retain full control of their estate plan while alive, with easy updates or revisions as needed.
Storage & Record Requirements
Electronic documents must remain readable, accessible, and reproducible.
Storage failures can create major legal issues — especially when digital documents must coordinate with online accounts, passwords, and financial access.
This makes it critical to plan for digital assets and online account access within your estate plan.
Certified Paper Copies
Missouri law allows certified paper copies of electronic wills.
A qualified custodian can certify that the paper copy is a true and correct representation of the electronic original.
Courts must accept these copies even when original paper documents would normally be required.
This is essential for probate courts that still function in a paper-heavy environment. modern life.
What Happens If the Electronic Will Is Lost?
If evidence shows an electronic will once existed but cannot be located, Missouri law may presume revocation — just like a missing paper will.
This creates risk if:
- Platforms shut down
- Passwords are lost
- Storage providers disappear
- Family members cannot access files
Digital convenience must be paired with digital security.
Benefits of Electronic Estate Planning
Convenience
Clients can sign from home without scheduling office visits.
This is especially helpful for:
- Busy parents
- Elderly clients
- Disabled individuals
- Out-of-state family witnesses
Accessibility
Rural Missouri residents or those far from attorneys gain easier access to planning services.
Speed
Execution can occur faster without coordinating in-person meetings.
Risks & Practical Concerns
Electronic estate planning is valid — but not risk-free.
Common concerns include:
- Improper platform compliance
- Witness procedure errors
- Storage failures
- Fraud or undue influence claims
- Technology literacy issues among elderly testators
For complex estates, traditional signing may still be preferred.
Does This Replace Traditional Estate Planning?
No.
Paper wills and trusts remain fully valid and widely used.
Many attorneys — especially for high-asset or litigation-risk estates — still prefer in-person execution for evidentiary strength.
Electronic execution is an additional option, not a replacement.
When Electronic Signing Makes the Most Sense
Electronic estate planning works well when:
- Clients live in different states
- Mobility is limited
- Scheduling is difficult
- Simple estate plans are involved
- Time sensitivity exists
It may be less ideal where capacity challenges or family disputes are anticipated.
If you are considering creating or updating your estate plan — whether electronically or through traditional signing — TrustFully can help you navigate the process.
We combine modern technology with experienced legal counsel to ensure your estate plan is executed properly, securely stored, and legally enforceable under Missouri law.
Comments are closed