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Missouri Will Requirements
Support GuideMissouri10 min read

Missouri Will Requirements

Missouri will requirements: sound-mind and age-18 capacity, a signed writing, two witnesses, self-proving affidavits, and no handwritten or oral wills.

By Settled Editorial

Missouri will requirements sit in Chapter 474 of the Revised Statutes, and most people want the short answer first. To be valid in Missouri, a will must be in writing, signed by the testator (or by another person at the testator's direction and in the testator's presence), and attested by two or more competent witnesses who sign their own names in the presence of the testator. The maker must be at least 18 and of sound mind. Missouri does not accept an unwitnessed handwritten will, and it has no ordinary spoken will. (See RSMo 474.320 and RSMo 474.310.)

Use this page as a planning map, not as a signing kit. Missouri courts apply these rules to the exact facts of each will, and one small signing mistake can put a will at risk in probate. When real estate, a blended family, or a possible dispute is in the picture, talk with a licensed Missouri attorney before you sign.

This guide pairs with the Missouri probate guide for what happens after death, and with the Missouri intestate succession guide for who inherits when no valid will exists.

Who Can Make a Will in Missouri

Two capacity rules come first. RSMo 474.310 says any person of sound mind who is eighteen years of age or older, or any minor emancipated by adjudication, marriage, or entry into active military duty, may make a will. (Source: RSMo 474.310.)

In plain terms:

  • Age eighteen. The maker must be at least 18, or a younger person who has been emancipated by court order, by marriage, or by joining active military service.
  • Sound mind. The maker must understand, in a general way, that they are making a will, what they own, and who would normally receive it. Courts call this testamentary capacity. A will signed by someone of unsound mind can be set aside.

Courts judge capacity at the moment of signing, not before or after. A later illness does not undo a will that was valid when the testator signed it.

The Signing Rules Missouri Requires

RSMo 474.320 sets the execution rules, and every valid Missouri will has to meet all of them. The statute is short: every will shall be in writing, signed by the testator (or by some person, at the testator's direction, in the testator's presence), and attested by two or more competent witnesses who subscribe their names to the will in the presence of the testator. Here is the same rule as a checklist. (Source: RSMo 474.320.)

  1. Writing. The will must be in writing. Missouri has no valid oral will.
  2. The testator's signature. The testator signs the will. If the testator cannot sign, another person may sign the testator's name, but only at the testator's direction and in the testator's presence.
  3. Two competent witnesses. Two or more competent people subscribe (sign) their own names to the will in the presence of the testator.

The two-witness rule is the part that trips up homemade wills. Both witnesses have to sign in the presence of the testator, so a witness who signs later, alone, or in another room can break the chain and sink the will at probate. Choose adults who take nothing under the will when you can, and keep them easy to find for probate.

Missouri Does Not Allow Handwritten or Oral Wills

A frequent question: does Missouri accept a will you wrote out by hand and never had witnessed? The answer is no. Missouri has no holographic will statute. RSMo 474.320 requires that every will be attested by two or more competent witnesses, so a handwritten page signed only by the maker, with no witnesses, does not qualify. (Source: RSMo 474.320.)

Missouri also has no ordinary spoken will (a nuncupative will). The same statute requires a will to be in writing, so a verbal statement of your wishes, a note left in a drawer, or a text message cannot stand in for a signed, witnessed document.

Witnesses Who Also Inherit

Here is where Missouri protects the will but can shrink a gift. Under RSMo 474.330, a will is not invalid just because an interested witness, meaning a witness the will leaves property to, helped attest it. But unless the will is also attested by two disinterested witnesses, that interested witness forfeits the part of the gift that is worth more than what they would have received had the testator died with no will. A witness is not treated as interested merely for being named as a creditor or executor; the will has to give that witness a personal, beneficial gift. (Source: RSMo 474.330.)

The safer move is to use witnesses who take nothing under the will. That removes the forfeiture question and any later argument about pressure or bias.

Self-Proving Affidavits

Missouri lets you make a will self-proved, which spares your executor from tracking down witnesses at probate. Under RSMo 474.337, the testator and the witnesses can swear a short affidavit before an officer authorized to administer oaths, such as a notary public, either when the will is signed or at any later date. The sworn statement confirms that the testator signed willingly, was at least eighteen and of sound mind, and acted free of constraint or undue influence, and that each witness signed at the testator's request. A court can then accept the will without live testimony from the witnesses. (Source: RSMo 474.337.)

What this means for your will:

  • A self-proving affidavit is optional. A will signed the right way is valid without one.
  • The affidavit does not replace the witnesses at signing. It is an extra sworn, notarized statement by the testator and the same witnesses.
  • With the affidavit attached, the probate division can usually admit the will even if a witness has since died or moved.

Adding a self-proving affidavit under RSMo 474.337 is the simplest way to help a typed Missouri will move through probate without snags.

Does a Missouri Will Need a Notary

Missouri does not require a will to be notarized to be valid. A notary matters only for the optional self-proving affidavit, which speeds probate but is not part of validity itself. A will in writing, signed by the testator and two competent witnesses, is valid with no notary at all.

How a Missouri Will Is Revoked

A valid will can be undone, and the method matters. RSMo 474.400 says a written will, or any part of it, is revoked only by a later will in writing, or by burning, cancelling, tearing, or obliterating the document, done by the testator or in the testator's presence and by the testator's consent and direction. A stray note in the margin or a spoken change of heart does not revoke a Missouri will. To change your plan, sign a new will or a codicil with the same two-witness formality you used the first time. (Source: RSMo 474.400.)

Divorce Revokes Gifts to a Former Spouse

Divorce rewrites part of your will by operation of law. Under RSMo 474.420, once the testator is divorced, every provision in the will in favor of that former spouse is revoked, and the will is read as if the divorced spouse had died at the time of the divorce. The rest of the will stays in force. Because a divorce cuts an ex-spouse out on its own, review your whole plan after any divorce. Your will, your beneficiary designations, and any trust may each follow different rules, so confirm that each one names the people you want. (Source: RSMo 474.420.)

After You Sign: File the Will With the Court

The original signed will is what the court needs, so store it where your executor can find it and tell them where it is. Missouri also puts a deadline on getting the will to court. Under RSMo 473.050, a will has to be presented to the probate division of the circuit court to have any effect, and a will that is not presented within the statute's time limits is forever barred from probate. The outer limit is one year from the date of death when no estate has been opened, and a shorter window can apply once notice of letters has been published in an opened estate. Do not sit on the original; deliver it to the probate division soon after the death. (Source: RSMo 473.050.)

What This Means for Your Plan

If you want a Missouri will that holds up, the clean version usually looks like this:

  1. Confirm the maker is at least 18 (or an emancipated minor) and of sound mind.
  2. Put the will in writing and have the testator sign it, or have someone sign the testator's name at the testator's direction and in the testator's presence.
  3. Have two competent witnesses subscribe their names in the presence of the testator, and use witnesses who take nothing under the will.
  4. Add a notarized self-proving affidavit so the witnesses do not have to appear at probate.
  5. Store the original where your executor can reach it, and plan to file it with the probate division soon after the death.

A will is one piece of a Missouri estate plan. Many people pair it with documents that work during life and with tools that skip probate. See the Missouri power of attorney guide and the Missouri health care directive guide for the lifetime documents, the Missouri guide to avoiding probate and the Missouri estate planning basics guide for the wider plan, and the Missouri executor duties guide for the job an executor takes on once a will is admitted. When a signing formality is missed or a will is signed under pressure, these same rules become the grounds to challenge it; see how to contest a will in Missouri and the Missouri intestate succession guide for what happens when no valid will stands. For the full path an estate takes through the circuit court, start at the Missouri probate guide or the Missouri county probate directory.

This guide is general information about Missouri wills, not advice for your situation. Confirm anything that affects your estate with the probate division of your circuit court or a licensed Missouri attorney before you sign or rely on a will.

Sources:

It is not legal advice.

Prefer to talk it through? Connect with an estate-planning attorney

Settled Estate is not a law firm and does not give legal advice.

Information current as of July 17, 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.

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