Who this is for: Missouri adults ready to write a will who want to understand what the law actually demands before they sign anything. What it covers: Missouri Last Will and Testament standards: the legal framework, age and capacity requirements, writing and witnessing rules, and what a will does and does not accomplish. Why it matters: A will that does not meet Missouri legal standards is not just weak; it is legally nonexistent. The state steps in and distributes your estate by formula. Patrick Nolan is an estate planning attorney at Nolan Law Firm in Kirksville, Missouri.
The Framework: How Missouri Sees a Legal Will
Death has a way of forcing decisions. In Missouri, a will is the legal road map for everything left behind. Without it, assets bounce by state formula. With it, your plans stand a better chance. But that paper only holds power if Missouri’s statutes let it through the courthouse door.
A will, known formally as the “Last Will and Testament,” carries weight if written the right way. It spells out who gets what, who cares for your minor kids, and who steers the ship as your personal representative. Fail the legal standards, though, and the whole thing may get tossed—or worse, twisted up in a family fight.
Age and Mental State: Who Can Draft a Will
Missouri draws the line at 18. You can be younger in war, not in probate. The law also wants you “of sound mind.” This means knowing your property, your family, and the meaning of the act. It’s presumed you’re capable unless there’s clear proof you aren’t. One angry sibling’s word won’t tip the scales.
It Must Be Written—No Shortcuts
Talking through your wishes at the kitchen table doesn’t count. Missouri won’t honor oral wills except, rarely, during military duty. For everyone else, only written documents get in. Typed, printed, handwritten—it might look simple on the surface, but execution rules still apply.
Signatures and Witnesses: The Crucible
A pen stroke is the start. Missouri wants your signature on the will. If illness or shaky hands get in the way, another person can sign for you—but only in your presence and by your direct say-so. There’s wiggle room on where the signature lands, but tradition says sign at the end.
Two witnesses must see you sign or watch as you say, “That’s my signature.” They sign too, right then. These two can’t be direct beneficiaries—unless you bring in a third witness, and even then, only two can have something to gain. Want clarity? Go with people who have nothing to inherit.
Handwritten Wills: Not a Free Pass
In some states, a scribbled will can bypass the usual red tape. Not in Missouri. A handwritten (holographic) will gets the same treatment as a typed one—it demands two witnesses in the room, signatures in place. Write it by hand if you want, but don’t skip the witnesses or expect it to hold up.
Turning a Will Into “Self-Proving” Evidence
Probate courts like shortcuts too. Attach a self-proving affidavit—signed and notarized with the witnesses and testator together—and the court won’t drag in witnesses later to vouch for the will’s authenticity. One formality at signing saves time and trouble for the executor down the line.
Missteps to Avoid and Missouri’s Particulars
Letting Beneficiaries Serve as Witnesses
Missouri doesn’t block a beneficiary from witnessing a will. But there’s a catch: with only two witnesses, a beneficiary-witness likely loses what you left them. Three witnesses and two are impartial? Then the beneficiary can inherit. Best not to risk it—choose people with clean hands.
Revoking, Amending, and the One True Will
Wills aren’t set in stone. Missouri allows you to revoke or update yours any time you’re of sound mind. Destroy the old paper—burn, rip, cross out—or sign a new will that clearly cancels the former one. Adding a codicil (that’s a formal amendment) means following the same witnessing rules as a fresh will.
If two or more wills surface, the court leans on the most recent, properly executed copy. Old unsigned drafts don’t count. Only the last valid version that survived destruction or revocation matters in probate.
Where You Keep the Original Matters
Write your will, sign it, then protect it. People tuck them in safe deposit boxes, offices, gun safes, or a trusted friend’s drawer. When the time comes, the probate court wants the original. Copies rarely satisfy—unless you can prove the real one was lost or ruined, and not by your will.
If the original is missing, the process slows. Now you’re asking witnesses to remember what they saw. That hearing, with cross-examination, can wear down survivors more than most people imagine.
What Wills Cover—And What They Don’t Touch
Your will only commands property that goes through probate. Real estate, yes. Certain accounts and jointly held property, no. Missouri lets you sidestep probate using beneficiary deeds or designations (“payable on death”). Insurance, retirement funds, and joint tenancies move outside the will’s reach, straight to their named people.
Notarization Isn’t Required—Except to Prove Things Later
You don’t need a notary public to make your will valid in Missouri. Only the self-proving affidavit needs notarization. It’s the two witnesses and your signature that give your will teeth. But if you take the extra step to notarize, you cut out headaches for your executor at probate.
Missouri Will FAQ: Straight Answers
Can Someone Challenge a Will?
Yes. The usual attacks are lack of mental soundness, fraud, undue influence, or failure to follow legal steps. These fights almost always zero in on the testator’s health, or who stood at their elbow while signing. A clean, by-the-book will, made free from pressure, is your best defense.
What If You Die Without a Will?
No will, no custom wishes. Missouri’s intestacy law takes over. Assets move by formula, usually to spouse first, then kids, then out from there. No guarantee your preferences play in. For many, that’s enough reason to write one out, even if the process feels heavy.
Is a Lawyer Needed?
The law says you can write your own will, but lawyers keep you out of ditches. A skilled estate attorney checks compliance, sorts details, fixes mistakes, and spots the snags you might miss—not enough witnesses, wrong names, or botched revocations.
How Do You Change a Will?
Scrawling notes in the margin changes nothing. Only a new, signed, witnessed will or a formal codicil (with all Missouri’s requirements) shapes the law. Awkward handwritten revisions just breed confusion and lawsuits. If your wishes change, do it properly.
Difference Between a Living Will and Last Will?
They aren’t even cousins. A “living will” spells out what should happen if you’re alive but can’t speak for yourself—medical care, not assets. The last will and testament only speaks after death. Both matter, but for different reasons. Missouri recognizes and enforces each.
Locking Down Your Legacy in Missouri
If you want your last instructions to stand, follow the checklist. Old enough. Sound mind. Written, signed, two good witnesses, and a safe place for the original. The self-proving affidavit isn’t needed, but your survivors will thank you for it when the time comes.
Life changes, and so do families. That’s why wills get updated—to keep pace with what really matters. Every revision, every new name, brings a small relief: you took care with what you built, and left no room for guesswork when you’re gone.
Frequently Asked Questions: Missouri Last Will and Testament
What is a Last Will and Testament under Missouri law?
A Last Will and Testament is a legal document executed under RSMo 474.320 that states how the testator wants their probate estate distributed after death. It may also name a guardian for minor children, appoint a personal representative (executor), create testamentary trusts for beneficiaries, and express funeral wishes. It only controls assets that pass through probate; non-probate assets like life insurance and retirement accounts pass by beneficiary designation regardless of what the will says.
What are the signing and witnessing requirements for a Missouri will?
The testator must sign the will in the presence of two witnesses, or acknowledge a prior signature in their presence. Both witnesses must then sign the will in the testator presence during the same ceremony. Witnesses must be competent adults (18 or older, of sound mind). Missouri does not require witnesses to know the contents of the will, only to observe the signing.
What happens to a Missouri will after it is signed?
After signing, the will should be stored safely. Missouri has no official will registry. Common storage options include leaving the original with your estate planning attorney, placing it in a fireproof safe, or securing it in a safe deposit box with a note to your executor about how to access it. The original signed document is what gets filed with the Probate Division after death.
Can a Missouri will be contested after death?
Yes. A Missouri will can be contested in probate court on grounds including lack of testamentary capacity, undue influence, fraud, duress, or improper execution. A will contest must generally be filed within one year of the will being admitted to probate. Contested wills are expensive and emotionally difficult for families; clear drafting and proper execution are the best defenses against a contest.
Who should I name as personal representative in my Missouri will?
A personal representative (executor) manages your estate through probate: collecting assets, paying debts and taxes, filing required court documents, and distributing property to beneficiaries. Choose someone organized, trustworthy, and willing to serve. Missouri courts generally honor your choice unless there is a compelling objection. Always name an alternate in case your first choice is unable or unwilling to serve.
Can a Missouri will name a guardian for minor children?
Yes. Naming a guardian for minor children in your will is one of the most important estate planning decisions a parent can make. While the court ultimately approves any guardianship appointment, Missouri courts give significant weight to a parent expressed wishes in a valid will. Without a named guardian, the court decides who raises your children without any guidance from you.
