How to Make a Valid Will in Missouri

Who Can Make a Will in Missouri?

You must be at least 18 years old to make a will in Missouri. No statutory exceptions for minors. The testator must be of sound mind and over 18 years of age (Mo. Rev. Stat. § 474.310)

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign in the testator's presence and by the testator's express direction (Mo. Rev. Stat. § 474.320).

Witness Requirements in Missouri

Missouri requires 2 witnesses. Must be competent witnesses at least 18 years old. The testator must sign or acknowledge the will in the presence of two or more competent witnesses who shall attest and sign in the testator's presence (Mo. Rev. Stat. § 474.320).

Interested witnesses: An interested witness does not invalidate the will but the bequest may be limited to the intestate share

Notarization in Missouri

Notarization is not required for a will to be valid in Missouri. Not required for validity; used for self-proving affidavit

Self-Proving Affidavit

Missouri allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (Mo. Rev. Stat. § 474.337)

Handwritten (Holographic) Wills

Missouri does not recognize holographic wills. Holographic wills are not recognized in Missouri

Electronic Wills

Missouri recognizes electronic wills. Missouri enacted electronic will provisions effective August 28, 2025. Electronic wills must be in an electronic record, electronically signed by the testator, and witnessed

Oral (Nuncupative) Wills

Recognized in limited circumstances: must be made during last sickness or in imminent peril of death, before two competent witnesses. For personal property only, not exceeding $500. Must be reduced to writing within 30 days and proved within 6 months (Mo. Rev. Stat. § 474.340)

How to Revoke a Will in Missouri

In Missouri, a will can be revoked by:

• •Executing a subsequent will or codicil
• •Physical destruction (burning, tearing, canceling, obliterating) by the testator or at the testator's direction and in the testator's presence

Mo. Rev. Stat. § 474.400

Special Provisions in Missouri

Missouri is a separate property/common law state. Surviving spouse has an elective share: one-third of the estate if surviving descendants, one-half if no surviving descendants (Mo. Rev. Stat. § 474.160). Missouri has no state estate or inheritance tax

Relevant Missouri Statutes

• Mo. Rev. Stat. § 474.310 (Who may make a will)
• Mo. Rev. Stat. § 474.320 (Execution of wills)
• Mo. Rev. Stat. § 474.337 (Self-proved wills)
• Mo. Rev. Stat. § 474.340 (Nuncupative wills)
• Mo. Rev. Stat. § 474.400 (Revocation)
• Mo. Rev. Stat. § 474.160 (Elective share)