Who this is for: Missouri adults who need to create or update a will. What it covers: Missouri’s legal requirements for a valid will, step-by-step instructions, common mistakes, and how a will fits into a broader estate plan. Why it matters: Without a valid will in Missouri, the state’s intestate succession laws decide who inherits your property—not you. Patrick Nolan is an estate planning attorney at Nolan Law Firm in Kirksville, Missouri.
Ground Rules: What Missouri Expects
A will does one job—lays out what happens to your things and who’s in charge after you die. It’s a legal map. If you die in Missouri with no map, the state draws its own. Some people don’t care for that, but the law won’t wait around for your opinion. Missouri’s intestate succession becomes the playbook, passing property down the bloodline as statute reads, not as you might want. So you draw up a will or risk leaving your family with a court’s cold version of your affairs.
Missouri law cuts out guesswork if you get the basics right. The legal bones are clear, but the margin for error is thin. A missing signature, the wrong witness, or a hasty note in a desk drawer—these break the chain. Know the rules before you start. Better to do it once, right, than leave your people tangled up over paperwork.
The Brass Tacks: Missouri’s Will Requirements
Here’s what you’re up against if you want your will to stand up in Missouri court:
- Age and Mind: Eighteen or older, and in your right mind. Any hint you didn’t know what you were doing, and the whole thing can fall apart.
- Written Out: No talking your way through—Missouri ignores spoken wishes except if you’re active-duty military and in immediate harm’s way.
- Signatures Matter: You sign, or direct someone to sign for you, with you standing there.
- Eyewitnesses: Two people must watch you sign and must sign themselves, in your sight.
Handwritten wills do count in Missouri, but only if the signatures and witnesses are handled just like any typed will. A list of wishes scribbled and hidden doesn’t hold water in court. Execution counts more than sentiment.
How You Actually Make a Will in Missouri
List What You Own and Who Gets It
First, write down everything—houses, cash, vehicles, family guns, savings, digital logins, old wedding rings. Decide who gets what. Could be your kids, your church, an old friend, anyone. Make the list real, even if it feels small.
Pick the Person Who Will Handle It
You need a personal representative; lawyers might call this an “executor.” This person pays bills, sorts your stuff, keeps the peace if there’s trouble. The state says this person has to be over eighteen and of sound mind. Can be family, a friend, a professional—up to you. Always name a backup. Even people with the best intentions sometimes go first, or want nothing to do with the job later.
Line Up a Guardian for Kids
If your kids are under eighteen, write down who raises them if both parents are gone. Missouri courts usually stick with your choice unless there’s something serious against it. Put a name. It steers relatives away from courtroom fights and lets your kids know what’s coming when nothing else makes sense.
Draft the Will
Your language needs to be plain, direct, and leave no room for someone to say, “That’s not what he meant.” At a minimum, you need:
- Your full legal name and where you live
- A clear statement that any old wills are now off the books (if you have any)
- That this one is your final word—your last will and testament
- Who gets what, spelled out
- Name your personal representative
- Name the guardian if you have kids under eighteen
- Your signature and today’s date
- Both witnesses sign and write their addresses
You don’t have to notarize it, but a notary can make things smoother later by attaching a “self-proving affidavit.” Courts like that; saves a headache for whoever deals with probate.
Witnesses and the Signature Page
This is the no-nonsense part. You sign, two witnesses sign, and all of it happens in one another’s sight. Even if the law isn’t strict about all three of you being in the same room, don’t split hairs—do it together, no distractions, no second chances.
Pick witnesses who won’t benefit from your will. The law allows someone who’ll inherit to witness, but it’s risky. If you use interested witnesses, the court can cut their share unless you’ve got two solid, “disinterested” folks who don’t stand to gain.
Adding a Self-Proving Affidavit
This is a sworn, notarized statement signed by you and your witnesses that says everything above-board. Do it, and the probate court probably won’t drag your witnesses in to vouch for your signature years later. It’s a small effort that saves your executor hassle when the time comes.
Where to Keep It So It Gets Found
Don’t finish your will and shove it in the back of a closet. Put it where it survives fire or theft—a safe deposit box, a real safe, or a lawyer’s locked file. Tell your executor and at least one person you trust where it is, so your instructions don’t die with you. Avoid stapling or paper-clipping pages; when pages go missing, so does trust in the document.
Updating or Scrapping Your Old Will
Life never stands still. Marriage, divorce, new grandkids, a business going under—any big change should trigger a review. You can update a will by adding a codicil (just as formal as making a new will) or start over and make it clear the old one is dead. Destroying the old document also does the job, but don’t leave anything half-done. Messy paperwork breeds future family lawsuits.
Hard Questions: What Missouri Families Ask
Who Actually Needs a Will?
If you own anything or care where it lands, you need a will. Size doesn’t matter—clarity does. Blended family? Second marriage? Odd assets? Write it out. Missouri does not read minds.
What Stuff Passes Without a Will?
Some things go outside the will, like water running around a rock. Life insurance if you’ve named a beneficiary, IRAs or 401(k)s with clear designations, joint property with the right paperwork, “payable on death” accounts—these don’t need a will to change hands. The will covers the leftovers, the things with no default instructions. Review your beneficiary forms; the state won’t connect your estate plan to your retirement account unless you do it.
Can You Write It Yourself, or Should a Lawyer Draft It?
Missouri doesn’t force you to use an attorney. Plenty write their own wills or pull a form offline. Mistakes trip people up—a missed witness, vague promise, unsigned document makes for expensive courtroom drama. If your situation is tangled—business, complex family, special wishes—don’t wing it. A Missouri estate lawyer knows how to lock things down and avoid disaster later.
What If You Die Without a Will?
No will means Missouri’s intestate code kicks in. Spouse, kids, parents, siblings—order of succession is set. The law gives no room for favoritism, apologies, or your private wishes. Minor children get a guardian picked by the court, not by you. Control what you can, while you can.
Getting It Right: Some Advice
A strong Missouri will doesn’t need to be poetic. It needs to be clear. Use blunt words. Name backups for every key role. Revisit your will any time life shifts—new child, lost job, someone dies. Think of your will as one part of a broader shield—coordinate it with trusts, designated beneficiaries, powers of attorney. For anything out of the ordinary, tap an attorney. The probate court won’t play detective to figure out your true intentions. Your paperwork should speak loud and plain when you no longer can.
Where This Ends Up
A will isn’t a fancy document, but it is real protection. It’s one job you do now that quietly speaks for you later. Missouri makes the law plain. Get your facts right, finish the task, and let your family find order instead of chaos.
Frequently Asked Questions: Making a Will in Missouri
What are the requirements for a valid will in Missouri?
Under Missouri law (RSMo § 474.320), a valid will must be: in writing, signed by the testator (or by someone in their presence and at their direction), and witnessed by at least two competent adults who sign the will in the testator’s presence. The testator must be at least 18 years old and of sound mind at the time of signing. Oral or handwritten wills without witnesses are generally not valid in Missouri.
Does a will in Missouri need to be notarized?
No, notarization is not required for a will to be valid in Missouri. However, adding a notarized “self-proving affidavit”—signed by the testator and both witnesses before a notary—allows the will to be admitted to probate without requiring witnesses to testify later. This optional step can significantly speed up the probate process and reduce complications after death.
Can I write my own will in Missouri?
Yes, Missouri law does not require an attorney to draft a will. However, DIY wills carry real risks: unclear language, improper execution, or provisions that conflict with Missouri law can cause the will to be partially or entirely invalid. A self-drafted will that fails in probate leaves your estate subject to Missouri’s intestate succession rules. For most people, having an attorney review or draft the document is worth the cost.
What happens if I die without a will in Missouri?
If you die without a valid will in Missouri, your estate is distributed according to Missouri’s intestate succession statute (RSMo § 474.010). The law follows a strict priority order: surviving spouse and children first, then parents and siblings, then more distant relatives. If no relatives are found, the estate escheats to the state. Your personal preferences, relationships, and intentions have no legal effect without a valid will.
Who should be the executor of my will in Missouri?
Missouri calls this person a “personal representative.” They are responsible for gathering estate assets, paying debts and taxes, filing the will with the probate court, and distributing assets to beneficiaries. The personal representative must be at least 18 years old and of sound mind. Missouri courts generally honor your choice unless there is a serious objection. Always name a backup in case your first choice is unable or unwilling to serve.
Can a will be changed or revoked in Missouri?
Yes. A will can be changed at any time by creating a new will or a formal amendment called a codicil. The new document must meet the same execution requirements as the original—written, signed, and witnessed by two adults. A will is automatically revoked by marriage in some circumstances, and divorce revokes provisions in favor of the ex-spouse under Missouri law. Physically destroying the will with intent to revoke it is also effective.
