Who this is for: Missouri residents who want a will that holds up in court and protects their family, not just something that checks a box. What it covers: What makes a Missouri will durable and legally defensible: capacity, execution, proper witnesses, potential challenges, and how the will fits a complete estate plan. Why it matters: A will that is technically valid but poorly drafted can still be contested or fail to accomplish your goals. Building a will that stands up requires more than checking the boxes. Patrick Nolan is an estate planning attorney at Nolan Law Firm in Kirksville, Missouri.
The Ground Rules: What a Missouri Will Really Means
A real Missouri will isn’t about paperwork; it’s about order—about who takes what, who steps up for your kids, who keeps your house from becoming a battleground. The law here doesn’t leave much to chance. You’ve got to get it right if you want your last word to mean anything. Missouri spells out what counts as a valid will, and it’s unbending. You don’t get “close enough.” When you’re gone, that document has to speak for you clearly—or the state steps in, and its logic is rarely anyone’s idea of justice.
A will’s the firewall between what you want and the default chaos. If you die without one, Missouri’s intestate succession takes over. It’s mechanical, designed for simple families and simple assets. Doesn’t care if you promised Grandpa’s shotgun to your niece, or if you want to keep the business away from an ex. The will is your shot at control. Get it right, and it cuts through uncertainty. Get it wrong, and your wishes are just memories.
Locking Down a Valid Missouri Will
The law doesn’t ask much, but it does demand precision. Missouri sets the bar for a valid will. Miss a step, and it’s as if you wrote nothing.
Age and Mental Capacity
You must be eighteen or legally emancipated before your signature counts. That’s the baseline. Missouri also demands you’re “of sound mind.” At the moment you sign, you need to know what a will is, what you own, and who ought to inherit. No exceptions because of fading memory or a sickbed. If the court needs to check, it cares only about your state at the time of signing. Physical decline doesn’t cancel out mental clarity. But if your mental state was off, somebody in the family can—and probably will—raise hell during probate.
Writing Counts—No Videos, No Oral Deals
Missouri expects your will in writing. Printed is standard. Handwritten, or “holographic,” is legal—but only if you meet all the usual rules. You can’t get by with a phone video or spoken instructions, not unless you’re on active duty, staring down death, and even then there are limits. Most of the time, no writing means no will.
The Right Signature, The Right Way
You have to sign. If you can’t, another person can do it for you, but it must be your explicit order and they must do it right in front of you. If that happens, put a note on the will explaining what went down. If lawyers get involved later, that note matters. Always put your signature at the end or as close as you can. That signature is your last line of defense against confusion—and against fraud.
Witnesses: No Room for Error
Bring two competent adults. They need to see you sign or watch you acknowledge you’ve already signed. They put their names down in your presence. Missouri isn’t satisfied with notarization alone. A notarized statement from the witnesses can help, but it won’t save a fatally flawed will. The law doesn’t ban beneficiaries as witnesses, but it’s a mistake. If you use someone who stands to gain, the court will probably void any gifts to them unless you bring in two more neutral witnesses. Best practice: pick people with no stake in your estate.
Everything in Order, All Eyes on the Details
The will’s signing and witnessing must all happen together, in a single window of time. There’s no required sequence, just make sure every signature happens with everyone present. Notarization isn’t required, but a “self-proving affidavit” from the witnesses—signed and notarized—makes later proceedings run smoother. It spares your family some trouble when the court needs proof the will is real.
Your Will—Your Intent, No One Else’s
You have to act freely. If someone pushes you or tricks you into writing certain language, a judge can throw out those sections or the whole document. It isn’t easy to prove undue influence, but the fight it sparks is brutal and expensive. The cleaner and more open your process, the less likely someone will have grounds to contest what you meant.
The Edge Cases: What Missouri Will—and Won’t—Accept
Handwritten Wills: More Than Just Ink on Paper
Missouri will recognize a handwritten will if it’s properly signed and witnessed. Just scribbling your wishes isn’t enough. You still need two credible witnesses—no shortcuts, no exceptions. If you skip that, Missouri won’t honor it, no matter how heartfelt.
Oral Wills: Reserved for the Battlefield
Spoken wills almost never count here, except for Missouri service members facing death. Even then, they only apply to enough personal property to fill a rucksack—not land or major accounts. And you still need two witnesses, quick transfer to writing, and it all must hit probate fast—within six months. Anyone else hoping a few spoken words will clinch their wishes is asking for disappointment.
Wills from Another State: Sometimes They Stand, Sometimes They Don’t
Move to Missouri with a will from elsewhere and, assuming it met the rules there, odds are it will stand. But not every clause transfers. Missouri has its own rules for witnesses, spousal rights, and the fine print about disinheritance. When you move, have a Missouri lawyer check it. The cost is minor compared to what you could lose in confusion and court fights.
How a Will Dies—and How to Change One
You can kill a will by deliberate destruction—tear it up, burn it, scribble it out as long as you mean it. Or you can write a new one that says it’s erasing the old. Or file a formal written revocation, as strict as a new will. Missouri courts want proof that you meant to revoke—rough edits or margin notes probably aren’t enough and just breed confusion.
Big changes? Write a new will. Minor ones, you can prepare a codicil (a formal amendment), but you must sign it with the same witness rules as the original. Never scrawl edits onto the master copy. Those marks rarely hold up in court.
The Law Protects Spouses and Kids
You can’t cut a Missouri spouse out completely unless there’s a waiver or a prenuptial in place. If you try, the law gives your spouse a bite—the “elective share”—even if you left them nothing. Kids, especially the young or dependent, get certain rights too. Think you can outfox these rules with clever drafting? The court will step in.
If your plan bucks these defaults, talk to a Missouri attorney. Failing to do so courts disaster, and fights over a will are ugly.
Pointers From the Field: Making Your Missouri Will Count
There’s no glory in winging it when it comes to your will. Here’s what experience says will keep your wishes safe:
- Use a Missouri estate lawyer. They sharpen the edges and catch the landmines you’ll miss on your own.
- Pick witnesses with nothing to gain and no family connection to your assets. Keeps your will above suspicion.
- Keep your signed will somewhere safe. Make sure your executor knows exactly where it is. Locks don’t help if no one can find the key.
- Update after any big life shift—marriage, divorce, new kids, big purchases, a move. The law only honors the words on the most recent valid will.
- Add a self-proving affidavit if possible. It’ll save your family a return trip to the courthouse, and cut out headaches during probate.
Done right, a Missouri will does more than split up your things. It leaves calm where there’d be confusion. Order where there could be war. If you mean to speak with authority after you’re gone, put it in writing and get it done right.
Frequently Asked Questions: Building a Will That Stands Up in Missouri
What makes a Missouri will vulnerable to challenge?
A Missouri will is most vulnerable when capacity is questionable at the time of signing, when a beneficiary was heavily involved in the drafting or signing process, when the will contains ambiguous language about who gets what, when witnesses are also beneficiaries, or when the will was executed shortly before death during a serious illness. Clear execution, disinterested witnesses, and attorney oversight reduce all of these risks.
How does a self-proving affidavit protect a Missouri will?
A self-proving affidavit is a notarized statement signed by the testator and both witnesses at the time of will execution. It attests that all formalities were followed. In Missouri probate, a self-proved will is presumed valid without requiring witnesses to appear in court or give testimony. This removes a significant procedural hurdle and makes the will harder to delay or challenge on technical grounds.
What should a well-drafted Missouri will include?
A well-drafted Missouri will should clearly identify the testator by full name and county of residence, name beneficiaries with sufficient specificity to avoid confusion, address what happens if a named beneficiary predeceases the testator (lapse provisions), name both a primary and alternate personal representative, name a guardian for minor children if applicable, and include a residuary clause to capture assets not specifically mentioned. Ambiguity in any of these areas creates opportunities for dispute.
Can a Missouri will be partial or have missing sections?
Missouri courts will attempt to give effect to as much of a will as possible. If only part of the will is invalid (for example, one specific bequest is ambiguous or was made under undue influence), the court may strike that provision while upholding the rest. However, if the entire will fails the basic execution requirements under RSMo 474.320, none of it can be enforced.
How often should I update my Missouri will?
Missouri estate planning attorneys generally recommend reviewing your will every three to five years, and immediately after major life events: marriage, divorce, birth of a child or grandchild, death of a named beneficiary or executor, significant change in assets, or relocation to or from Missouri. A will that was valid when executed stays valid but may no longer reflect your wishes or circumstances.
Is an attorney required to make a will in Missouri?
No. Missouri law does not require an attorney. However, attorneys reduce the risk of execution errors, ambiguous language, and provisions that conflict with Missouri law. For simple estates, an attorney-reviewed will is still the safest choice. For complex estates with minor children, business interests, blended families, or significant assets, professional drafting is essential to building a will that actually accomplishes what you intend.
