How to Make a Valid Will in Missouri
What Missouri law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Any person of sound mind who is 18 or older, or a minor emancipated by court order, marriage or active military duty, may make a will. RSMo §§ 474.310, 474.320
| Requirements for a valid will | Any person of sound mind who is 18 or older, or a minor emancipated by court order, marriage or active military duty, may make a will. The will must be in writing, signed by the testator (or by someone at the testator's direction and in the testator's presence), and attested by two or more competent witnesses who sign in the testator's presence. Source: RSMo §§ 474.310, 474.320 |
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| Handwritten (holographic) wills | Missouri law has no exception for handwritten, unwitnessed wills; every will must be signed and attested by at least two competent witnesses. Source: RSMo § 474.320 |
| Self-proving affidavit | A will can be made self-proved at signing or at any later date: the testator and witnesses appear before an officer authorized to administer oaths (such as a notary), are sworn, and the officer attaches a certificate stating the will was properly signed and witnessed. Source: RSMo § 474.337 |
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FAQ
What makes a will valid in Missouri?
Any person of sound mind who is 18 or older, or a minor emancipated by court order, marriage or active military duty, may make a will. The will must be in writing, signed by the testator (or by someone at the testator's direction and in the testator's presence), and attested by two or more competent witnesses who sign in the testator's presence.
Is a handwritten will valid in Missouri?
Missouri law has no exception for handwritten, unwitnessed wills; every will must be signed and attested by at least two competent witnesses.
Does a will need to be notarized in Missouri?
A will can be made self-proved at signing or at any later date: the testator and witnesses appear before an officer authorized to administer oaths (such as a notary), are sworn, and the officer attaches a certificate stating the will was properly signed and witnessed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.