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Missouri Last Will and Testament

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Missouri Legal Requirements

Key MO statutes and obligations that apply to your last will and testament.

Requirements

  • Must be signed by the testator and attested by two or more credible witnesses in the testator's presence (Mo. Rev. Stat. §474.320)
  • Witnesses must be 18+ and should not be named beneficiaries to avoid a potential conflict affecting their bequest
  • Holographic wills (entirely in testator's handwriting and signed) are valid in Missouri under §474.320(2)

Restrictions & Limits

  • Missouri has a spousal elective share — a surviving spouse may elect against the will to receive a statutory share of the augmented estate (§474.160)
  • Pretermitted (omitted) children — children born or adopted after will execution — may receive an intestate share unless the will expressly disinherits them
  • Missouri small estate affidavit procedure applies to estates under $40,000 (§473.097), avoiding full probate

Official Statute References

Primary Missouri statutes governing this document type.

Missouri Last Will and Testament FAQ

Common questions about last will and testaments under Missouri law.

How many witnesses are required for a Missouri will?

Two credible witnesses must sign the will in the testator's presence. Witnesses who are also beneficiaries are not automatically disqualified, but their bequest may be reduced to what they would receive under intestacy.

Does a Missouri will need to be notarized?

Notarization is not required for validity, but a self-proved will (with a notarized affidavit under §474.337) eliminates the need for witness testimony in probate and speeds up the process.

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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.