How to Make a Will in Missouri (2026 Guide)

A will made in Missouri must be signed by you and by 2 witnesses to be valid. Yes (Mo. Rev. Stat. § 474.337). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Missouri will covers, generated from the same rules.

Make my free Missouri will

Missouri will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Mo. Rev. Stat. § 474.320
Financial POA statute	Mo. Rev. Stat. § 404.700 et seq. (Durable Power of Attorney Law of Missouri)
Healthcare directive statute	Mo. Rev. Stat. § 404.800 et seq. (durable power of attorney for health care) and § 459.010 et seq. (living will declaration)

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another person, by the testator's direction and in the testator's presence), and attested by two or more competent witnesses subscribing their names in the presence of the testator (Mo. Rev. Stat. § 474.320). Use adult witnesses who take nothing under the will: a gift to a subscribing witness (or the witness's spouse) is void unless the will is also attested by two other disinterested witnesses, although the interested witness may still take what he or she would have received by intestacy (Mo. Rev. Stat. § 474.330). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Do you need a notary in Missouri?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Mo. Rev. Stat. § 474.337). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Missouri

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another person, by the testator's direction and in the testator's presence), and attested by two or more competent witnesses subscribing their names in the presence of the testator (Mo. Rev. Stat. § 474.320). Use adult witnesses who take nothing under the will: a gift to a subscribing witness (or the witness's spouse) is void unless the will is also attested by two other disinterested witnesses, although the interested witness may still take what he or she would have received by intestacy (Mo. Rev. Stat. § 474.330). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Mo. Rev. Stat. § 474.337). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Missouri allows a testator to deposit a will with the probate division of the circuit court for safekeeping during the testator's lifetime; it is sealed and released only to the testator or, after death, opened and filed (Mo. Rev. Stat. § 474.510). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-half of the estate if the decedent left no descendants, or one-third if the decedent left descendants, in each case after debts and reduced by property received from the decedent outside the will (Mo. Rev. Stat. § 474.160). The spouse also receives exempt property and a homestead allowance (Mo. Rev. Stat. §§ 474.250, 474.290).

Homestead

No special restriction on devising a homestead by will. A surviving spouse (or minor children) is entitled to a homestead allowance of 50% of the estate up to $15,000, which is charged against the spouse's share (Mo. Rev. Stat. § 474.290); the homestead exemption from creditors is in Mo. Rev. Stat. § 513.475.

If you die without a will in Missouri

If you die without a will in Missouri, your spouse takes everything if you leave no descendants. If all of your descendants are also your spouse's, the spouse takes the first $20,000 plus half of the balance; if any descendant is not your spouse's, the spouse takes half (Mo. Rev. Stat. § 474.010). With no spouse, everything passes to descendants, then parents and siblings together. More on intestacy.

Other estate-planning documents in Missouri

• Durable financial power of attorney: Mo. Rev. Stat. § 404.700 et seq. (Durable Power of Attorney Law of Missouri). A durable power of attorney must be in writing, dated, signed by the principal, contain durability language, and the principal's signature must be acknowledged before a notary public (Mo. Rev. Stat. § 404.705). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the recorder of deeds before using it for real estate (Mo. Rev. Stat. § 404.705(4)).
• Advance healthcare directive: Mo. Rev. Stat. § 404.800 et seq. (durable power of attorney for health care) and § 459.010 et seq. (living will declaration). A durable power of attorney for health care must be executed with the formalities of a durable power of attorney, meaning it must be signed by the principal and acknowledged before a notary public (Mo. Rev. Stat. §§ 404.705, 404.822). A living will declaration must be signed in the presence of two adult witnesses who are not the person who signed on the declarant's behalf (Mo. Rev. Stat. § 459.015). Sign the combined document before a notary and two witnesses. There is no mandatory statutory form (a suggested declaration form appears in § 459.015).
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Mo. Rev. Stat. § 474.333).

Missouri notes

• Missouri requires a health care power of attorney to be notarized (Mo. Rev. Stat. § 404.705).
• Missouri does not recognize holographic (unwitnessed handwritten) wills.

Frequently asked questions

How many witnesses does a will need in Missouri?

Missouri requires 2 witnesses (Mo. Rev. Stat. § 474.320). Two witnesses. The will must be in writing, signed by the testator (or by another person, by the testator's direction and in the testator's presence), and attested by two or more competent witnesses subscribing their names in the presence of the testator (Mo. Rev. Stat. § 474.320). Use adult witnesses who take nothing under the will: a gift to a subscribing witness (or the witness's spouse) is void unless the will is also attested by two other disinterested witnesses, although the interested witness may still take what he or she would have received by intestacy (Mo. Rev. Stat. § 474.330). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Does a will need to be notarized in Missouri?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Missouri have a self-proving affidavit?

Yes (Mo. Rev. Stat. § 474.337). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Missouri?

Missouri does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Missouri?

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-half of the estate if the decedent left no descendants, or one-third if the decedent left descendants, in each case after debts and reduced by property received from the decedent outside the will (Mo. Rev. Stat. § 474.160). The spouse also receives exempt property and a homestead allowance (Mo. Rev. Stat. §§ 474.250, 474.290).

What happens if I die without a will in Missouri?

If you die without a will in Missouri, your spouse takes everything if you leave no descendants. If all of your descendants are also your spouse's, the spouse takes the first $20,000 plus half of the balance; if any descendant is not your spouse's, the spouse takes half (Mo. Rev. Stat. § 474.010). With no spouse, everything passes to descendants, then parents and siblings together.

Is a no-contest clause enforceable in Missouri?

Missouri enforces no-contest clauses, but an interested person may first ask the court for a declaratory judgment on whether a proposed action would trigger the clause, and that petition itself does not cause forfeiture (Mo. Rev. Stat. § 474.395). Clauses are strictly construed.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.