State requirements
Making a will in Missouri
Missouri requires 2 adult witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
Missouri has traditional will requirements. Missouri does NOT recognize holographic wills. Missouri is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | Mo. Rev. Stat. § 474.310 | 18+ and of sound mind |
| Execution Requirements | Mo. Rev. Stat. § 474.320 | Written, signed, 2 witnesses |
| Self-Proving | Mo. Rev. Stat. § 474.337 | Available with affidavit |
| Elective Share | Mo. Rev. Stat. § 474.160 | 1/2 or 1/3 of estate |
Execution Requirements
MISSOURI WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator (or at testator's direction in presence)
✓ Attested by 2 or more competent witnesses
✓ Witnesses sign in testator's presence
⚠️ NO holographic wills recognized
⚠️ Beneficiaries should NOT be witnesses
Elective Share
MISSOURI ELECTIVE SHARE:
- With descendants: 1/3 of estate
- Without descendants: 1/2 of estate
- Must elect within specified time period
Self-Proving Affidavit
Missouri allows self-proving wills under Mo. Rev. Stat. § 474.337.
Checklist for Missouri Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 competent witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
Missouri will questions, answered
Can I make a will online in Missouri?
Yes. Missouri does not require a lawyer to draft a will. A will created online is valid in Missouri when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Missouri?
Missouri requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Missouri require a will to be notarized?
No. Witnesses make a will valid in Missouri, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Missouri?
No. Missouri does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in Missouri?
A valid Missouri will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
Keep reading
All guides →A Missouri will, witnessed-ready tonight.
The interview asks the right questions, five AI agents review the draft, and your document arrives with Missouri's exact signing steps.
Start my will — $29This page is general information about Missouri law, not legal advice. Statutes change — verify current requirements or consult a licensed Missouri attorney for complex situations.