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Missouri keeps it simple and strict: a will must be in writing, signed by you, and subscribed by two competent witnesses in your presence. There is no handwritten-will exception — but since August 2025 Missouri allows fully electronic wills with remote witnessing, and it is one of the few states where an emancipated minor can make a valid will, including a teenager who entered active military duty. Without a will, your spouse’s share depends entirely on whether any of your children are also theirs. Online services prepare a Missouri-specific will for $199–$299. Every rule below cites the Revised Statutes of Missouri.
Most Missouri adults can finish a legally valid will in under an hour.
The requirements are short — writing, signature, two witnesses — and unforgiving if skipped. An online service like Trust & Will prepares a Missouri-specific will with the witness pages ready to sign.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
Missouri Will Requirements (2026)
Mo. Rev. Stat. § 474.320 sets the execution rules, and they fit in one sentence:
| Requirement | Missouri rule | Statute |
|---|---|---|
| In writing | A written document — or, since August 2025, a compliant electronic will (below) | §§ 474.320, 474.540–474.564 |
| Signed | By you, or by another person at your direction and in your presence | § 474.320 |
| Witnessed | Two or more competent witnesses subscribing their names to the will in your presence | § 474.320 |
| Notarized | Not required for validity — the notary appears only in the optional self-proving affidavit | § 474.337 |
Who can make a Missouri will — including some minors
Missouri’s capacity rule is broader than most states’. A will may be made by anyone of sound mind who is 18 or older — or any minor emancipated by adjudication, marriage, or entry into active military duty (§ 474.310). Most states draw a hard line at 18 with a narrow military carve-out; Missouri recognizes emancipation by any of the three routes. For a young service member or a married 17-year-old, that’s a real and often unknown right.
Handwritten Wills Without Witnesses Are Invalid in Missouri
Missouri does not recognize holographic wills. Section 474.320 contains no handwriting exception, so the two-witness requirement applies to every will however it was written. A handwritten page you signed alone — valid just across the state line in Arkansas, Oklahoma, Kentucky, or Tennessee — is not a will in Missouri. Given how many Missourians live in border metros like Kansas City and St. Louis, that difference catches people who assume a will that works for a relative one state over will work for them.
Electronic Wills: Legal in Missouri Since August 2025
Missouri joined the electronic-wills states with the Electronic Wills and Electronic Estate Planning Documents Act (RSMo §§ 474.540–474.564, enacted by H.B. 754, effective August 28, 2025). It goes further than most states’ versions: it covers not just wills but electronic estate planning documents broadly, witnesses may be physically or electronically present, and an electronic will can be made self-proved before a remote online notary when fewer than two witnesses are physically in the room (§ 474.550). A correction worth making explicitly: earlier guides — including earlier versions of this page — described Missouri as a paper-only state, and that is no longer true. The traditional route remains simplest: most people, and most online services, still print and sign with two witnesses present.
Dying Without a Will in Missouri
Missouri’s intestacy rule (§ 474.010) turns on one question — are all your children also your spouse’s?
| Your situation | What your spouse receives |
|---|---|
| Children, all of whom are also your spouse’s | First $20,000 plus one-half of the balance (§ 474.010(1)(b)) |
| Any child who is not your spouse’s | One-half — and no $20,000 setaside at all (§ 474.010(1)(c)) |
| No surviving issue | The estate passes under § 474.010(1)(a) — check the full provision for surviving parents and siblings |
Two things to notice. First, even in a first marriage where every child is shared, your spouse does not inherit everything — the children take half of whatever exceeds $20,000. Second, that $20,000 figure has not moved in decades; against a Missouri median home price it is close to symbolic, which means the practical rule for most families is simply “half to the spouse, half to the kids.” Minor children’s shares can require court oversight until 18, and then pass outright at exactly the age most parents would not choose.
What a Will Costs in Missouri
| Route | Typical cost | What you get |
|---|---|---|
| Handwritten, no witnesses | $0 | Invalid in Missouri |
| Online service | $199 individual / $299 couple | Missouri-specific will with witness pages and self-proving affidavit, done in about an hour |
| Missouri attorney | Flat fees vary — St. Louis and Kansas City run above rural Missouri | Custom drafting and counsel |
Online pricing verified against Trust & Will’s published rates (August 2026). Missouri’s bar publishes no fee survey, so we quote no attorney figures we can’t source. See how Missouri compares with the rest of the country for national cost ranges and a state-by-state table of will requirements.
What a Missouri Will Does Not Do
1. A will does not avoid probate. Missouri probate is a supervised court process by default, with independent administration available when the will authorizes it — another reason the document itself matters. For the comparison, see what a living trust costs in Missouri. Missouri also offers a beneficiary deed for real estate, which passes a home outside probate entirely.
2. A will does not cover incapacity. It operates only at death. Pair it with a durable power of attorney and health care directive — see the five documents every family needs.
3. A will does not override beneficiary designations. Life insurance, retirement accounts, beneficiary deeds, and payable-on-death accounts pass to the named beneficiary no matter what the will says.
Will vs. Trust for Missouri Families
Every Missouri adult needs a will — and one drafted well enough to request independent administration, which spares your family months of supervised probate. Whether to add a living trust is a moderate question here: Missouri has no state estate tax, and the beneficiary deed handles the family home for many people, so the trust case usually rests on blended families, privacy, incapacity, or property in more than one state. Start with Trust vs. Will: Which Does Your Family Need? and the numbers in our Missouri living trust cost guide.
If the will is what you need today, Trust & Will’s Missouri package includes the witness pages, guardianship nominations, and healthcare documents — build your Missouri will here.
FAQ
Does a will have to be notarized in Missouri?
No. Validity takes your signature and two competent witnesses subscribing in your presence (§ 474.320). The notary appears only in the optional self-proving affidavit.
Are handwritten wills legal in Missouri?
Only with witnesses. Missouri recognizes no unwitnessed holographic wills — a handwritten will needs the same two witnesses as a typed one.
Can a minor make a will in Missouri?
Yes, if emancipated — by court adjudication, by marriage, or by entering active military duty (§ 474.310). Missouri is broader here than most states.
Can I make an electronic will in Missouri?
Yes — since August 28, 2025, under the Electronic Wills and Electronic Estate Planning Documents Act (§§ 474.540–474.564): electronic signatures, witnesses physically or electronically present, and self-proof available through a remote online notary.
What happens if I die without a will in Missouri?
With children who are all your spouse’s, your spouse takes $20,000 plus half the balance. If any child is not your spouse’s, your spouse takes half with no setaside (§ 474.010).
Does a will avoid probate in Missouri?
No — but a well-drafted will can request independent administration, which greatly reduces court supervision. Living trusts, Missouri beneficiary deeds, and beneficiary designations pass property outside probate entirely.
Missouri Law Cited on This Page
- Mo. Rev. Stat. § 474.310 — who may make a will
- Mo. Rev. Stat. § 474.320 — execution of wills
- Mo. Rev. Stat. § 474.010 — general rules of descent
- Mo. Rev. Stat. § 474.550 — Electronic Wills and Electronic Estate Planning Documents Act (§§ 474.540–474.564, eff. Aug. 28, 2025)
Update log — August 2026: page created; corrected August 2026 to reflect the Electronic Wills and Electronic Estate Planning Documents Act (eff. 8/28/2025); statutory requirements verified against the Revised Statutes of Missouri at the Revisor of Statutes’ official site. Reviewed when Missouri law changes.