Missouri Law on What Makes a Will Hold Up
A last will and testament cuts straight to the heart of what happens after you’re gone. In Missouri, there’s no room for guesswork; state statutes lay out step-by-step directions. Get one detail wrong, and the state takes over. Your property could be chopped up by default intestacy rules, nothing close to the way you wanted.
The rules themselves—RSMo § 474.320 if you want to get technical—don’t leave loose ends. Missouri spells out who can draft a will, who counts as a legitimate witness, and how every signature must land on the page. You either hit every requirement or risk losing control of your own estate.
Who Can Write a Will: Age and State of Mind
If you’re at least 18, or younger but emancipation has already split you from parental authority, you can legally make a will in Missouri. Still, age alone isn’t enough. The law insists on “sound mind.” Those words do most of the heavy lifting. If you can’t understand you’re making a will, can’t name your own assets, or don’t know who you’re leaving things to, the whole document comes apart. Probate court doesn’t blink—they’ll throw it out for lack of capacity.
Writing or Talking: What Counts as a Will
Only what’s on paper counts in Missouri. Some states jump through hoops and accept deathbed declarations or “nuncupative” wills. Not Missouri. Your wishes need hard ink—typed or handwritten, either way, it must exist as a real, physical document. But here’s the catch: even if you handwrite every word (the so-called “holographic will”), you still need proper witnesses. Missouri doesn’t play fast and loose like states that let a handwritten note slide through without someone else in the room.
Who Has to Watch: Missouri Witness Rules
When the moment comes to sign, Missouri says you need two disinterested people in front of you. They have to see you sign—or you can acknowledge your signature, but both must be present at the same time. You can’t do half now, half later. And “disinterested” matters. If one of your witnesses gets anything under your will, Missouri doesn’t void the whole document, but that person could sacrifice their share unless there are two other, uninvolved witnesses as backup. For a clean process, use folks with nothing to gain.
Getting That Signature Right
You—the testator—are the one signing, unless you’re physically unable, and then only someone who you direct, in front of witnesses, can sign for you. Their name, your intent, all of it right there for everyone to see. And—contrary to common rumor—a notary isn’t required. Missouri doesn’t care if a seal’s stamped on the page. That said, if you want to avoid dragging your witnesses into court, you can attach a “self-proving affidavit” with a notary. That document tells the probate judge you were of sound mind and everybody followed the rules. Probate goes faster—less hassle for your executor.
Key Factors When Crafting a Will in Missouri
The “Self-Proving” Shortcut
A self-proving will is built for speed. It adds an affidavit—a sworn statement in front of a notary—where everybody confirms the rules were followed. It’s not required, but it keeps your witnesses from having to show up in court later. Missouri calls that out in RSMo § 474.337. For most families, that extra affidavit keeps arguments to a minimum and probate wheels turning.
Choosing Who Stands By
Pick witnesses who are adults and have zero stake in your estate. Bring in a relative or someone who inherits under your will, and you might end up explaining yourself to a judge—or watching their share get taken away. Missouri does allow interested witnesses, but only if you have two who aren’t gaining anything. Best practice: don’t tempt fate. Find outsiders.
How to Change or Cancel Your Will
Any testator with full mental capacity can revoke their will at any time. Burn it, tear it, or write a new one that clearly revokes the old. But scribbles or margins don’t count unless they’re signed and witnessed in line with state law. If you need big changes—naming a new executor, adjusting inheritances, adding or removing people—it’s cleaner to make a fresh will and leave no debate. The courts respect paperwork, not post-it notes.
If the Paperwork Isn’t Right
Missouri doesn’t forgive broken rules. Miss the mark on signatures or witnesses, a judge will declare your will invalid, and everything falls under the standard intestacy pecking order: spouse, kids, then on down the bloodline. Technicalities matter. Lose sight of the legal steps, and your wishes will die with you.
Where to Store the Original
Once you sign, put your will where it’s both safe and findable. A home safe, attorney’s office, even the county probate court (though that’s an optional filing). Tell your executor exactly where it lives. Make no mistake—Missouri probate courts want the original, not a photocopy. If the original’s destroyed, the process grinds to a halt.
Practical Issues: Missouri FAQs and Real-World Hurdles
Wills from Other States
Missouri will honor a will from out of state—so long as that will met the law wherever it was made. Still, differences crop up: weird signature rules, witnesses, or property rights can trip things up. If you move to Missouri, run your old will by a Missouri attorney. Better safe than sorry.
Handwritten Wills and the Rules
A plain handwritten will only has teeth if two disinterested witnesses sign on. Write out what you want, sign it, but skip the witnesses? Won’t hold water. Missouri won’t let even an obviously genuine note skip past the witness requirement, no matter how clear your intent.
Does a Will Need a Notary?
No notary is legally necessary to create a valid Missouri will. The only advantage is if you want it “self-proving.” In that case, all parties sign an affidavit with a notary public. That extra step smooths probate. Skip it, and your witnesses might end up called to testify in court after you die.
Out-of-State Executors: Permitted or Problem?
You can pick a non-resident to be your executor, but Missouri may ask them to post a bond or appoint someone local for legal notices—unless they’re immediate family. Naming someone nearby, or at least adding a co-executor who lives in Missouri, sidesteps red tape.
Do Married Couples Need Separate Wills?
Missouri lets spouses prepare individual wills. But if you hold property jointly or with rights of survivorship, that asset likely won’t pass under your will at all. There are also rules to protect a surviving spouse who gets left out—they can claim an “elective share” under the law. And if you’re aiming for something unusual, like excluding a spouse or kids, careful planning with legal advice isn’t just smart, it’s necessary.
Why the Details Matter When Making a Missouri Will
Estate planning is supposed to solve problems, not hand out new ones. Skipping a rule here—a witness, a signature, a missed instruction—can turn the next chapter for your family into a court fight. Get it right from the start by facing the requirements with clear eyes, not wishful thinking.
DIY forms may look like a shortcut, but they skip the lived realities—second marriages, uneven families, farms, and real loss. Get real legal help for what matters. A Missouri will done right is built to last and to stand up in the face of doubt. You only get one clean shot.
