Missouri Embraces Digital Estate Planning: What Clients Need to Know
Effective August 28, 2025, Missouri’s new digital estate planning law permits the valid creation and execution of fully electronic wills and related documents. While this development offers greater convenience and accessibility, the use of standardized online forms may lead to insufficient planning and unintended legal consequences, particularly in complex family or financial situations.
On August 28, 2025, Missouri will join a growing number of states modernizing estate planning law by allowing fully electronic wills and other digital estate planning documents. While this legislative development offers new conveniences, it also raises significant concerns—and underscores the continued importance of working with a qualified attorney to ensure a plan tailored to your needs, not a standardized template.
What the New Law Allows
Missouri’s new digital estate planning statute recognizes electronic wills and related documents as legally valid. A testator can now create and sign a will electronically—no pen or paper required—and have it witnessed either in person or remotely. The law also permits self-proving affidavits to be attached, allowing the will to be admitted to probate without further witness testimony, provided certain formalities are followed.
In addition to wills, other estate planning documents—such as powers of attorney and healthcare directives—may be executed electronically under certain conditions. The shift is part of a broader trend embracing technology to make estate planning more accessible.
The Illusion of Personalization: Standardized Forms
With these changes, the appeal of online estate planning platforms will likely grow. However, it is critical to understand that using a standardized digital form is not the same as receiving personalized legal counsel. Estate planning is highly individualized. A fill-in-the-blank will cannot anticipate the nuances of blended families, unique asset structures, succession planning for small businesses, or long-term care considerations.
Clients often come to my office after a loved one passes away, only to discover that their online-generated plan failed to account for basic legal or tax issues—resulting in unnecessary court intervention, family conflict, or unintended disinheritance. Digital tools can be useful in limited contexts, but they should never replace a comprehensive estate planning discussion with an experienced attorney.
Data Security and Privacy Concerns
Another significant risk of digital estate planning involves data security. Storing sensitive documents electronically—particularly on third-party platforms—creates vulnerability to cyberattacks and data breaches. Estate planning documents often contain Social Security numbers, financial account information, and detailed family data, all of which could be misused if improperly accessed.
While traditional estate planning also carries risks if documents are not stored securely, electronic records can be even more difficult to trace or authenticate if safeguards are not properly in place. Clients should ask whether encryption, access controls, and backup protocols are being used to protect their digital documents—and whether their fiduciaries know where to find them.
Accessibility After Death: Potential Court Involvement
Even with proper execution and storage, accessing a digital will after the testator’s death may be challenging. Missouri’s new law allows for court orders to compel access to digital estate planning documents. This means that unless proper steps are taken during the planning process—such as providing fiduciaries with passwords, digital asset instructions, or printed copies—survivors may face delays or legal hurdles in opening the estate.
In contrast, a traditional estate plan stored securely with an attorney or fiduciary can often be accessed and administered more swiftly, avoiding unnecessary complications.
Striking the Right Balance
The modernization of estate planning law in Missouri is a welcome development and offers new tools for efficiency and convenience. But like any tool, digital estate planning is only as effective as the care and skill with which it is used.
Our office remains committed to helping clients understand how best to integrate these new options into a broader, thoughtfully designed estate plan. Whether you prefer a fully digital plan or a traditional paper-based one, what matters most is that your estate plan is customized to your specific needs—and that it protects your legacy, not jeopardizes it.
If you are considering updating your estate plan or creating one for the first time, we encourage you to speak with an attorney who understands both the new digital tools and the time-tested principles of estate planning law.
