Skip to main content

Is an Online Will Legal in Missouri?

An online service can prepare a valid Missouri will, and Missouri offers two execution paths. The traditional path under § 474.320 is a printed will signed by the testator and attested by two or more competent witnesses who subscribe in the testator's presence. Missouri ALSO recognizes electronic wills under §§ 474.540 to 474.564: a record readable as text, signed electronically, with two witnesses in the testator's physical or electronic presence, and self-proof available through a remote online notary, so a fully remote execution is possible.

The Answer at a Glance

Prepare the will online

Valid

Whether a will drafted with online software can become a valid Missouri will.

Sign it fully remotely

Recognized

Whether Missouri recognizes an electronic will executed without an in-person paper signing.

What this means for you

For a fully remote electronic will, sign the self-proving affidavit during the ceremony: without a contemporaneous self-proving affidavit, each witness must be a resident of a state and physically located in a state when signing, and skipping self-proof also means tracking down witnesses at probate. Use disinterested witnesses on either path, because an interested witness forfeits whatever exceeds an intestate share unless two disinterested witnesses also signed.

What Missouri Law Requires

The governing law is RSMo ch. 474 (Intestate Succession and Wills); will execution at §§ 474.310 to 474.400; Missouri Electronic Wills and Electronic Estate Planning Documents Act at §§ 474.540 to 474.564. Each rule below links to the official source it was read from.

RequirementThe Missouri ruleStatute
Who can make a willAge 18 or older, sound mind; emancipated minors qualify; married minors qualify.RSMo § 474.310
Written documentRequired.RSMo § 474.320
SignatureThe testator signs. The will may be signed by some person, by the testator's direction, in the testator's presence.RSMo § 474.320
Witnesses2. The will must be attested by two or more competent witnesses subscribing their names to the will in the presence of the testator. That subscription in the testator's presence is the statute's stated presence test; § 474.320 does not add a requirement that the witnesses sign in each other's presence.RSMo § 474.320
NotarizationNot required for validity. A self-proving affidavit is optional and speeds probate.RSMo § 474.337

Signing Day in Missouri

The will must be attested by two or more competent witnesses subscribing their names to the will in the presence of the testator. That subscription in the testator's presence is the statute's stated presence test; § 474.320 does not add a requirement that the witnesses sign in each other's presence.

For an electronic will, the witnesses must instead be in the physical or electronic presence of the testator when witnessing the signing or the testator's acknowledgment (§ 474.548).

The self-proving step worth adding

The acknowledgment by the testator and witnesses covers execution as the testator's free act, the testator's age (eighteen or more), soundness of mind, and freedom from constraint or undue influence. An electronic will may be made self-proved the same way, or, when fewer than two witnesses are physically present with the testator, before a remote online notary using the § 474.550 remote online notarial certificate. Timing: at the time of execution, or at any subsequent date.

Choose witnesses carefully

No will is invalidated because attested by an interested witness; but any interested witness, unless the will is also attested by two disinterested witnesses, forfeits so much of the provisions made for the witness as in the aggregate exceeds in value, as of the date of the testator's death, what the witness would have received had the testator died intestate. A witness is not interested by reason of being a creditor of the estate or being named executor; only a personal and beneficial interest under the will counts.

Shortcuts Missouri Does and Does Not Recognize

Handwritten (holographic) wills

No

No Missouri statute recognizes an unwitnessed handwritten will: § 474.320 requires attestation by two or more competent witnesses, and ch. 474 contains no holographic-will provision. A handwritten will executed with the § 474.320 formalities is simply an ordinary will. A holographic will executed elsewhere can be valid in Missouri under § 474.360 if its execution complied with the law of the place of execution or of the testator's domicile, since that section covers any written will. (RSMo § 474.320)

Oral wills

Narrowly

Narrow deathbed provision only: a nuncupative will may be made only by a person in imminent peril of death and is valid only if the testator died as a result of the impending peril. It must be declared to be the testator's will before two disinterested witnesses, reduced to writing by or under the direction of one of the witnesses within thirty days, and submitted for probate within six months after the death. It may dispose of personal property only, to an aggregate value not exceeding five hundred dollars, and it neither revokes nor changes an existing written will.

The five-hundred-dollar cap makes this provision practically useless for modern estates. (RSMo § 474.340)

Electronic wills

Yes

An electronic will shall be a will for all purposes of Missouri law, with the general law of wills and principles of equity applying except as modified by §§ 474.540 to 474.564 (§ 474.544). The will must be a record readable as text, signed by the testator or by another under the testator's direction (§ 474.548). Self-proof can be completed before a remote online notary when fewer than two witnesses are physically present with the testator (§ 474.550). A separate provision, § 474.600, validated remote audio-visual execution of estate planning documents, including wills, during the COVID-19 emergency window of April 6, 2020 through December 31, 2021. (RSMo §§ 474.540 to 474.564)

Remote witnessing: allowed within the statute’s conditions. An electronic will must be witnessed by at least two individuals who are in the physical or electronic presence of the testator when they witness the signing or the testator's acknowledgment. 'Electronic presence' means the relationship of two or more individuals in different locations in real time using technology enabling live, interactive audio-visual communication that allows for observation, direct interaction, and communication between or among the individuals (§ 474.542). If no self-proving affidavit is signed contemporaneously with the execution of the electronic will, a witness must be a resident of a state and physically located in a state at the time of signing.

A Will Signed in Another State

A written will is valid if executed in compliance with the laws of Missouri; or the laws, as of the time of execution, of the place where the will is executed; or the laws of the place where, at the time of execution or the time of the testator's death, the testator is domiciled, has a place of abode, or is a national. (RSMo § 474.360)

Keep Going

Frequently Asked Questions

Can I make my will online in Missouri?
An online service can prepare a valid Missouri will, and Missouri offers two execution paths. The traditional path under § 474.320 is a printed will signed by the testator and attested by two or more competent witnesses who subscribe in the testator's presence. Missouri ALSO recognizes electronic wills under §§ 474.540 to 474.564: a record readable as text, signed electronically, with two witnesses in the testator's physical or electronic presence, and self-proof available through a remote online notary, so a fully remote execution is possible.
Does a Missouri will need to be notarized?
No. Notarization is not required for a valid Missouri will. The optional self-proving step under RSMo § 474.337 makes probate easier: The acknowledgment by the testator and witnesses covers execution as the testator's free act, the testator's age (eighteen or more), soundness of mind, and freedom from constraint or undue influence. An electronic will may be made self-proved the same way, or, when fewer than two witnesses are physically present with the testator, before a remote online notary using the § 474.550 remote online notarial certificate.
How many witnesses does a Missouri will need?
2. The will must be attested by two or more competent witnesses subscribing their names to the will in the presence of the testator. That subscription in the testator's presence is the statute's stated presence test; § 474.320 does not add a requirement that the witnesses sign in each other's presence. (RSMo § 474.320)
Are handwritten (holographic) wills valid in Missouri?
No. No Missouri statute recognizes an unwitnessed handwritten will: § 474.320 requires attestation by two or more competent witnesses, and ch. 474 contains no holographic-will provision. A handwritten will executed with the § 474.320 formalities is simply an ordinary will. A holographic will executed elsewhere can be valid in Missouri under § 474.360 if its execution complied with the law of the place of execution or of the testator's domicile, since that section covers any written will. (RSMo § 474.320)
Are electronic wills legal in Missouri?
Yes. An electronic will shall be a will for all purposes of Missouri law, with the general law of wills and principles of equity applying except as modified by §§ 474.540 to 474.564 (§ 474.544). The will must be a record readable as text, signed by the testator or by another under the testator's direction (§ 474.548). Self-proof can be completed before a remote online notary when fewer than two witnesses are physically present with the testator (§ 474.550). A separate provision, § 474.600, validated remote audio-visual execution of estate planning documents, including wills, during the COVID-19 emergency window of April 6, 2020 through December 31, 2021. (RSMo §§ 474.540 to 474.564)
Is a will made in another state valid in Missouri?
Generally yes, within the statute’s terms. A written will is valid if executed in compliance with the laws of Missouri; or the laws, as of the time of execution, of the place where the will is executed; or the laws of the place where, at the time of execution or the time of the testator's death, the testator is domiciled, has a place of abode, or is a national. (RSMo § 474.360)

Verified against RSMo ch. 474 (Intestate Succession and Wills); will execution at §§ 474.310 to 474.400; Missouri Electronic Wills and Electronic Estate Planning Documents Act at §§ 474.540 to 474.564 on August 16, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Missouri can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.