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Missouri Last Will and Testament

Missouri requires 2 witnesses for a valid will; holographic wills are not recognized. Get a free Missouri will template online. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the personal representative (often called an executor) who will administer your estate. It can also name a guardian for minor children. In Missouri, a valid will must be in writing, signed by the testator (the person making the will), and attested by two or more competent witnesses who subscribe their names in the testator's presence, under RSMo Section 474.320. Missouri does not invalidate a will simply because a witness has an interest in it, but under RSMo Section 474.330 an interested witness forfeits any gift exceeding what they would have received had you died without a will, unless two other disinterested witnesses also sign. The will itself does not need a notary; witnesses are the operative formality. You can, however, make the will self-proved under RSMo Section 474.337 by having you and the witnesses acknowledge your signatures before a notary, which speeds up probate later. Missouri does not recognize an unwitnessed handwritten (holographic) will. You must be at least eighteen years old (or an emancipated minor) and of sound mind under RSMo Section 474.310. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and who administers your estate after you die. It can also name a guardian for your minor children.

  2. 2

    Missouri requires two witnesses. RSMo Section 474.320 requires the will to be attested by two or more competent witnesses who subscribe their names to the will in the testator's presence. A beneficiary generally should not serve as a witness.

  3. 3

    An interested witness does not void the will, but the gift shrinks. Under RSMo Section 474.330, a witness who also receives a gift under the will forfeits whatever exceeds their intestate share, unless two other disinterested witnesses also attest, so use disinterested witnesses when possible.

  4. 4

    A self-proving affidavit is optional and needs a notary. RSMo Section 474.337 lets you and your witnesses acknowledge your signatures before an officer authorized to administer oaths, such as a notary public, so the will can be admitted to probate without locating the witnesses later.

  5. 5

    Missouri does not recognize handwritten (holographic) wills. RSMo Section 474.320 requires attestation by two or more competent witnesses; the statute has no exception for an unwitnessed handwritten document, so a will lacking two attesting witnesses does not satisfy the statute.

  6. 6

    The will itself does not require notarization. Witnesses, not a notary, make a Missouri will valid. A notary is only involved if you choose to add the optional self-proving affidavit under RSMo Section 474.337.

  7. 7

    You must be eighteen and of sound mind, and you can revoke your will later. RSMo Section 474.310 requires the testator to be eighteen (or an emancipated minor) and of sound mind. RSMo Section 474.400 lets you revoke a will with a later written will or by burning, canceling, tearing, or obliterating it, and RSMo Section 474.420 automatically revokes provisions for a former spouse after divorce.

Key decisions before you file

Before you file a Last Will and Testament in Missouri, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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MISSOURI LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [FULL LEGAL NAME], a resident of [COUNTY] County, Missouri, being eighteen years of age or older and of sound mind, declare this to be my Last Will and Testament and revoke all prior wills and codicils I have made.

  2. PERSONAL REPRESENTATIVE (EXECUTOR) APPOINTMENT I appoint [NAME] of [CITY], Missouri, as personal representative (executor) of my estate. If [NAME] is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of real and personal property to named beneficiaries.] I may leave a separate written list disposing of items of tangible personal property, dated and signed in my own hand, as permitted by RSMo Section 474.333.

  4. RESIDUARY CLAUSE I give all the rest, residue, and remainder of my estate, of whatever kind and wherever located, to [RESIDUARY BENEFICIARY NAME], or if that beneficiary does not survive me, to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE This will was signed by me in the presence of the two witnesses below, and we, the undersigned, being two competent witnesses, subscribe our names in the presence of the testator and of each other, as RSMo Section 474.320 requires. A beneficiary should not serve as a witness; RSMo Section 474.330 does not void the will if an interested witness signs, but that witness forfeits any gift exceeding what they would receive had the testator died without a will, unless two other disinterested witnesses also attest.

  6. SELF-PROVING AFFIDAVIT This will may be made self-proved under RSMo Section 474.337 so it can be admitted to probate without the witnesses testifying in person. The testator and both witnesses appear together before an officer authorized to administer oaths, such as a notary public, and each acknowledges under oath that the testator signed the will and that the witnesses signed in the testator's presence and each other's presence. The officer then attaches a signed and sealed certificate to the will.

Dated: [DATE]

[TESTATOR NAME], Testator

WITNESSES

Witness 1 signature, printed name and address

Witness 2 signature, printed name and address

STATE OF MISSOURI, COUNTY OF [COUNTY] Self-Proving Affidavit (RSMo Section 474.337): We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being first duly sworn before the officer signing below, declare that the testator signed this instrument as the testator's will, that each witness signed as witness in the presence of the testator and of the other witness, and that to the best of each witness's knowledge the testator was, at the time of signing, eighteen years of age or older, of sound mind, and under no constraint or undue influence.

Notary Public (or other officer authorized to administer oaths), State of Missouri My commission expires: [DATE]

Note: This will is governed by Missouri Revised Statutes Chapter 474. Missouri does not recognize an unwitnessed handwritten (holographic) will; two competent witnesses subscribing in the testator's presence are required (RSMo Section 474.320). A beneficiary should not serve as a witness because an interested witness can forfeit part of a gift under the state's purging rule (RSMo Section 474.330). This is a Missouri skeleton for a last will and testament. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Missouri in about a minute, and notarize it online through DocDraft if it does.

Missouri Requirements for Last Will and Testament

Two Attesting Witnesses Required

Missouri requires the will to be attested by two or more competent witnesses who subscribe their names to the will in the testator's presence (RSMo Section 474.320). A will lacking two attesting witnesses does not satisfy the statute.

Interested-Witness Purging Rule

A witness who also receives a gift under the will does not invalidate the will, but under RSMo Section 474.330 that interested witness forfeits any provision exceeding what they would have received had the testator died intestate, unless two other disinterested witnesses also attest. Use disinterested witnesses when possible.

Self-Proving Affidavit Requires a Notary

A Missouri will may be made self-proved under RSMo Section 474.337 by having the testator and both witnesses acknowledge their signatures before an officer authorized to administer oaths, such as a notary public. This is optional and speeds up probate, but it is not required to make the will valid.

Holographic (Handwritten) Wills Are Not Recognized

Missouri's probate code contains no exception allowing an unwitnessed handwritten will. RSMo Section 474.320 requires attestation by two or more competent witnesses, so a handwritten document lacking two attesting witnesses does not meet the statute.

No Notary Required for the Will Itself

Two witnesses, not a notary, make a Missouri will valid under RSMo Section 474.320. A notary is involved only if the testator chooses to add the optional self-proving affidavit under RSMo Section 474.337.

Minimum Age and Sound Mind Requirement

The testator must be at least eighteen years old, or a minor emancipated by adjudication, marriage, or entry into active military duty, and of sound mind, under RSMo Section 474.310.

Revocation by Subsequent Will or Physical Act

A Missouri will can be revoked only by a subsequent will in writing, or by burning, canceling, tearing, or obliterating it by the testator, or in the testator's presence and by the testator's consent and direction (RSMo Section 474.400). Divorce also automatically revokes provisions favoring a former spouse (RSMo Section 474.420).

Name a Personal Representative (Executor)

Name a personal representative, often called an executor, to administer your estate, and consider naming a successor in case the first choice is unable or unwilling to serve. A separate written list, dated and signed in the testator's own hand, may dispose of items of tangible personal property under RSMo Section 474.333.

Does your Last Will and Testament need to be notarized in Missouri?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

A Missouri will needs two or more competent witnesses who subscribe their names to the will in the testator's presence, under RSMo Section 474.320. Using a beneficiary as one of the two witnesses does not void the will, but under RSMo Section 474.330 that witness forfeits any gift exceeding their intestate share unless two other disinterested witnesses also sign, so disinterested witnesses are safer.

No. A Missouri will is made valid by two witnesses signing in the testator's presence under RSMo Section 474.320, not by a notary. A notary is used only if you add the optional self-proving affidavit under RSMo Section 474.337, in which case the testator and witnesses acknowledge their signatures before a notary or other officer authorized to administer oaths.

No. Missouri law requires a will to be attested by two or more competent witnesses subscribing their names in the testator's presence, under RSMo Section 474.320. There is no exception in Missouri's probate code for an unwitnessed handwritten will, so a document you write and sign yourself without two attesting witnesses does not meet the statute.

Put your wishes in writing, sign the document, and have two or more competent witnesses subscribe their names in your presence, as RSMo Section 474.320 requires. Name a personal representative (executor) to handle your estate, and consider adding the optional self-proving affidavit under RSMo Section 474.337, signed before a notary, to simplify probate later.

A Missouri will is valid when it is in writing, signed by a testator who is at least eighteen (or an emancipated minor) and of sound mind under RSMo Section 474.310, and attested by two or more competent witnesses subscribing their names in the testator's presence under RSMo Section 474.320.

A self-proving affidavit is an optional sworn certificate, authorized by RSMo Section 474.337, in which the testator and witnesses acknowledge their signatures before a notary public or other officer authorized to administer oaths. It is attached to the will and lets a Missouri probate court admit the will without tracking down the witnesses to testify.

You must be at least eighteen years old, or a minor emancipated by adjudication, marriage, or entry into active military duty, and of sound mind, under RSMo Section 474.310.

You can revoke a Missouri will with a later written will, or by burning, canceling, tearing, or obliterating it yourself or in your presence and by your direction, under RSMo Section 474.400. Divorce also automatically revokes any provisions in the will favoring your former spouse, under RSMo Section 474.420, though the rest of the will remains effective.