State requirements
Making a will in Missouri
Missouri lists 2 witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
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?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Missouri requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Missouri?
Missouri requires 2 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?
Notarization and witnessing serve different purposes. Check the rules for your particular Missouri document; neither action alone establishes validity. 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?
Missouri sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Missouri source above and get local help for your circumstances.
Keep reading
All guides →Your Missouri wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Missouri law, not legal advice. Statutes change — verify current requirements or consult a licensed Missouri attorney for complex situations.