Field Notes

• Missouri’s Electronic Wills and Electronic Estate Planning Documents Act takes effect August 28, 2025, enabling end-to-end online execution of wills and other estate documents. Missouri Senate
• California already recognizes fiduciary access to digital assets under Cal-RUFADAA (Probate Code §§870–884), offering a useful framework for families and practitioners. California Lawyers Association
• Experts warn that convenience must be balanced with protections against fraud, coercion, and deepfake-enabled abuse in remote signings. America Bar

By Samuel Lopez – USA Herald

Missouri has just given families a powerful new way to protect their legacies in the smartphone era. On July 10, 2025, Governor Mike Kehoe approved House Bill 754, establishing the Missouri Electronic Wills and Electronic Estate Planning Documents Act. Beginning August 28, 2025, Missourians can lawfully create, sign, witness, store, and even present certified paper copies of estate planning documents — all online. house.mo.govhttps://www.senate.mo.gov/25info/bts_web/bill.aspx?BillID=8424443&SessionType=R

Supporters call it a modern fix to a long-standing access problem. As Craig Parker, Assistant General Counsel at Trust & Will, told St. Louis media, “I think you should be very proud…you’re on the cutting edge…using technology [and] there are so many people that will benefit from it,” adding that “Seventy percent of adults have nothing” in place for estate planning. Reporting noted Missouri will be the fifth state to offer complete digital estate planning and the 15th to recognize electronic wills.

What Missouri’s law actually does

Missouri’s statute makes an electronic will a will “for all purposes,” provided it meets core formalities (readable as text when signed; testator’s signature; two witnesses physically or electronically present within a reasonable time). It also validates electronically executed estate planning documents beyond wills — including powers of attorney, advance directives, trusts, beneficiary deeds — and permits certified paper copies to satisfy “original” requirements in court. The law clarifies revocation rules for e-wills and presumes revocation if a signed e-will or certified copy cannot be found after death. Finally, it expressly supersedes ESIGN in limited ways and allows courts to compel disclosure of digital assets to retrieve an e-will from an online account. Effective date: August 28, 2025. Missouri Senate

California’s head start: a legal blueprint families already use

California recognized the reality of digital lives nearly a decade ago by enacting the Revised Uniform Fiduciary Access to Digital Assets Act (Cal-RUFADAA), effective January 1, 2017, codified at Probate Code §§ 870–884. Cal-RUFADAA lets a designated fiduciary access certain digital assets, subject to a three-tier priority system:

1. Online tools (like Google’s Inactive Account Manager or Facebook’s Legacy Contact) control;
2. If none, the will/trust/POA governs;
3. If neither, the service’s terms of service apply. California Lawyers AssociationJustia LawFindlawNerd's Eye View | Kitces.com

For families with substantial online footprints — streaming royalties, creator accounts, domain portfolios, crypto — this framework ensures someone you choose can legally step in, but only if you set it up correctly.

Why this matters now

Estate planning participation is notoriously low; advocates hope that remote execution and storage will remove friction and expand coverage to rural and underserved communities. Missouri’s move fits a broader national trend to normalize e-wills while maintaining traditional witness and intent requirements.

At the same time, going digital doesn’t eliminate old risks — it reshapes them.

The pro-consumer upside

• Accessibility and convenience. Sign from anywhere, including when hospitalization or mobility issues would otherwise delay execution. Missouri Senate
• Faster administration. Certified paper copies of e-documents can meet “original” requirements, reducing probate friction when time and authenticity matter.
• Clarity for digital assets. Cal-RUFADAA’s tiers reduce conflicts over social media, email, and cloud accounts; Missouri’s courts can order custodians to disclose digital assets to retrieve a decedent’s e-will. California Lawyers AssociationMissouri Senate

The under-reported risks

• Undue influence and remote coercion. Remote signings can make it harder to detect pressure on an elder or vulnerable adult. National experts urge lawyers to adopt extra identity and capacity checks when witnesses are not in the room. actecfoundation.org
• Fraud and deepfakes. Courts are already grappling with AI-manipulated audio/video; similar tactics could be used to spoof signers or witnesses or to misrepresent capacity. Professional guidance flags this as a growing malpractice and evidentiary risk. Wall Street JournalAmerican Bar Association
• Fragmented rules across states. While Missouri now authorizes end-to-end digital execution, not every jurisdiction recognizes identical procedures. Cross-border families and assets may still face conflict-of-law questions. Uniform Law Commission

Practical guardrails for families and practitioners

Use the online tools first. Where available, designate legacy contacts or account managers; under RUFADAA, those directives override contrary instructions in a later will. Nerd's Eye View | Kitces.com

Document capacity and voluntariness. In remote executions, consider video-recording the session, keeping logs of KYC/ID checks, and using neutral third-party witnesses to mitigate later challenges. (Missouri requires two witnesses in the testator’s physical or electronic presence; follow the statute to the letter.) Missouri Senate

Keep the sensitive stuff out of the will. Do not list passwords in testamentary documents that could become public. Instead, store credentials in a legacy-enabled password manager and reference the tool in your will/trust. (Cal-RUFADAA provides the legal authority; the tool provides the access.) California Lawyers Association

Plan for paper when needed. Missouri expressly allows certified paper copies of electronic estate documents to satisfy “original” requirements — crucial when courts, banks, or title companies still ask for paper. Missouri Senate

The bottom line

Missouri’s August 28, 2025 effective date marks a real pivot: end-to-end digital estate planning moves from niche to normal — but only if families and advisors pair convenience with rigorous safeguards. California’s experience shows the framework works when clients leverage online tools, name digital fiduciaries, and lock down security and consent up front.

🔗 For deeper insights — including checklists, templates, and sample clauses that align with Missouri’s new statute and California’s Cal-RUFADAA — join me on Patreon at Legal Insights and Strategies by Samuel Lopez for the companion toolkit to this report.

Sources:

Missouri Senate Bill Summary for HB 754 (Electronic Wills and Electronic Estate Planning Documents Act), effective Aug. 28, 2025. Missouri Senate
Missouri House bill page showing Governor approval on July 10, 2025 and effective date. house.mo.gov

California Lawyers Association explainer on Cal-RUFADAA and Probate Code §§ 870–884 (effective Jan. 1, 2017). California Lawyers Association
California Probate Code § 871 and § 873 (definitions and three-tier precedence). Justia LawFindlaw