How to Make a Will in Missouri

If you're a Missouri resident and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name a personal representative, the person who makes sure that the terms of your will are carried out.

You can also use your Missouri will to donate all or part of your body to any college, university, licensed hospital, or the state anatomical board. (Mo. Rev. Stat. § 474.310 (2025).)

Below you'll find an overview of what a will can do for you, what Missouri laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Missouri

Here's a quick checklist for making a will in Missouri:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Missouri, if you die without a will, your property will be distributed according to state "intestacy" laws. Missouri's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, and more distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Missouri?

Yes. You can make your own will in Missouri, using Nolo's Quicken WillMaker & Trust. Unlike some states, Missouri doesn't offer a statutory will—a will template in the state's statutes—for people to use.

You might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for Making a Will in Missouri

To make a will in Missouri, you must be of sound mind and:

• 18 years of age or older, or
• an emancipated minor by court order, marriage, or entry into active military duty.

(Mo. Rev. Stat. § 474.310 (2025).)

Traditionally, wills had to be on physical paper, but Missouri now allows digital wills (See "Can I Make a Digital or Electronic Will?," below.) Whether it's digital or on paper, a will must be in writing. It can't be an audio or video recording.

Missouri doesn't permit handwritten (holographic) wills that aren't witnessed. However, Mississippi does allow nuncupative (oral) wills under limited circumstances.

To make a valid oral will, you must make the will while in "imminent peril" of your death and must die from that peril. Additional requirements for oral wills are:

• You must say it is your will in front of two disinterested witnesses.
• One of the witnesses must put your oral will in writing within 30 days after you declare it to be your will.
• The written record of your oral will must be submitted to the probate court within six months after your death.

(Mo. Rev. Stat. § 474.340 (2025).)

It's rarely a good idea to use an oral will. The only time it might be appropriate is when a person is going to die immediately and there's no possibility of putting the will in writing.

How to Sign and Execute My Missouri Will

To finalize your will in Missouri:

• you must sign your will in front of two witnesses, and
• your witnesses must sign your will in front of you.

(Mo. Rev. Stat. § 474.320 (2025).)

Your will should be signed by disinterested persons who don't stand to inherit anything from you. An interested person who serves as a witness can lose the gift you leave them. (Mo. Rev. Stat. § 474.330 (2025).)

Do I Need to Have My Will Notarized?

No, in Missouri, you don't need to notarize your will to make it legal.

However, Missouri allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. (Mo. Rev. Stat. § 474.337 (2025).)

Can I Make a Digital or Electronic Will?

Beginning August 28, 2025, Missouri residents may use electronic wills ("e-wills"). Will makers may make, sign, and save wills digitally and online.

An e-will must be readable as text at the time it's signed and accessible as text after its signature. An e-will also must be:

• signed by the will maker or by someone in the will maker's physical presence acting on behalf of the will maker.
• signed in the physical or electronic presence of the will maker by at least two individuals who witnessed the will maker sign the e-will or acknowledge the signing of the e-will.

(Mo. Rev. Stat. §§ 474.548 (2025).)

Electronic presence means using live audio-video technology. Signing means using an electronic symbol, such as an e-signature, to authenticate the e-will. (Mo. Rev. Stat. § 474.542 (2025).)

The two witnesses must be residents of a state or territory of the United States and physically located in that state or territory when signing the will. If the e-will is self-proving, the witnesses must be physically present with the will maker, but the notary may notarize the e-will remotely. (Mo. Rev. Stat. §§ 474.542, 474.548, 474.550 (2025).)

Can I Choose and Appoint an Executor in My Will?

Yes. In Missouri, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Missouri?

In Missouri, you may revoke or change your will at any time. You can revoke your will by:

• burning, canceling, tearing, or obliterating the will
• ordering someone else to burn, cancel, tear, or obliterate the will in front of you, or
• making a new will.

(Mo. Rev. Stat. § 474.400 (2025).)

An e-will may be revoked by:

• a new will that says it revokes all or part of the e-will, or that is inconsistent with the e-will
• another writing signed by the will maker that declares the e-will is revoked, or
• a physical act with the intent to revoke all or part of the e-will

(Mo. Rev. Stat. § 474.552 (2025).)

If you and your spouse divorce, Missouri law revokes any language in your will in your ex-spouse's favor. (Mo. Rev. Stat. § 474.420 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Missouri's laws about making wills here: Missouri Revised Statutes, Title XXXI Trusts and Estates of Decedents and Persons Under Disability, Chapter 474 Probate Code—Intestate Succession and Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Missouri wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Missouri, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Missouri?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Missouri, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the probate court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, Missouri does allow will makers to deposit their wills with the probate court for safekeeping before they die. Wills deposited with the court will be kept under seal until the will maker's death. After a will maker's death, the court will open the will for probate when it receives a death certificate. (Mo. Rev. Stat. § 474.510 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Missouri doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.