Typical Clauses Found in Wills

It is quite common to have a provision in the will waiving the bond requirement. Section 473.160 RSMO states that when the testator provides instructions in the will that no bond be required of the personal representative, no bond shall be required unless the court, in its discretion, finds it proper to require it.

It is also quite common for the will to provide for independent administration, without adjudication, order or supervision. Section 473.780 RSMO provides that when a will admitted to probate authorizes or directs independent administration, either by specific reference to this section or by language providing that the estate be administered without adjudication, order or direction of the court, the letters testamentary shall provide that the personal representative named therein may administer the estate independently.

If a testator has minor children, he or she will want to name a guardian in the will. After the testator’s passing the guardian named in the will can file a petition for guardianship on behalf of the decedent’s minor children.

If you created a living trust as part of your estate plan, you will typically execute a pour-over will. A pour-over will designates your living trust as the beneficiary of the will. It functions as a safety net and pours-over the assets you neglected to title into your living trust during your lifetime.

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