Most people put off writing a will. Life gets busy. It feels uncomfortable. But here’s the thing: if you die without one in Missouri, the state decides what happens to everything you own. That might not go the way you’d want.
Let’s break down exactly what you need to know about Missouri’s last will and testament laws in 2026.
What Is a Last Will and Testament?
A last will and testament is a legal document. It tells everyone what you want to happen to your stuff after you die. Pretty simple, right?
You get to say who gets your home, your savings, your car, and even your pet. You can name someone to raise your kids. You can leave money to a charity. Without a will, none of those choices are yours to make.
The person writing the will is called the testator. The people who receive things from the will are called beneficiaries. The person who carries out the will’s instructions is called the personal representative (sometimes called an executor in other states).
Basic Will Requirements in Missouri
Who Can Make a Will?
Here’s where things get interesting. Missouri has a few rules about who can write a valid will.
You must be at least 18 years old. You also need to be of “sound mind.” That means you understand what property you have. You know who your family members are. And you understand what it means to give your belongings away.
There are a few exceptions to the age rule. If you are married, serving in the military, or have been legally emancipated, you can make a will even if you’re under 18.
What Makes a Will Valid?
Okay, this part is important. Missouri law requires a few things for a will to be legally valid.
First, the will must be in writing. Second, you must sign it. Someone else can sign for you, but only if you direct them to and they do it in your presence. Third, two witnesses must watch you sign the will. Those witnesses must be at least 18 years old.
Here’s a critical detail: if a witness is also named as a beneficiary in the will, their inheritance becomes void. So choose your witnesses carefully. They should have no personal stake in what the will says.
Does a Missouri Will Need to Be Notarized?
You’re not alone if you’re wondering this. Many people assume notarization is required.
It’s not. Missouri does not require notarization for a will to be valid. However, getting it notarized can make the probate process smoother. It can also help prove the will’s authenticity if someone challenges it later.
Big News: Electronic Wills Are Now Legal in Missouri
Wait, it gets better. Starting August 28, 2025, Missouri residents can now create and sign wills digitally.
This means you can make, sign, and save your will electronically. It’s a brand-new option. For e-wills, witnesses still need to be physically present with you when you sign. However, a notary can participate remotely, which is a nice convenience.
This is a big deal for Missouri. These rules fall under Missouri Revised Statutes sections 474.542, 474.548, and 474.550. It’s one of the most significant updates to Missouri will law in decades.
Handwritten Wills in Missouri
Wondering if a handwritten will counts? It does, but with strict conditions.
A handwritten will is called a holographic will. The entire document must be in your own handwriting. You must also sign it. No typing allowed for this type of will.
Holographic wills are riskier than formal wills. They’re easier to challenge in court. If you go this route, make sure every word is clearly written and signed. Honestly, a formal will with witnesses is almost always the safer choice.
What Happens If You Die Without a Will in Missouri?
Now, here’s where things get serious.
If you die without a will, Missouri says you died “intestate.” The state then follows strict rules called intestacy laws. These rules decide who gets your property, and they might surprise you.
Here’s how it works. If you have a spouse but no children, your spouse gets everything. If you have a spouse and children together, your spouse receives the first $20,000 of your estate, plus 50% of whatever is left. Your children share the rest.
If your children are not also your spouse’s children, the split changes. Your spouse gets 50% of the estate. Your children get the other 50%.
Many people assume this is legal. They find out the hard way. Don’t be one of them.
What About Unmarried Partners?
This part can be tricky, honestly. Missouri does not recognize common law marriages. If you’re not legally married to your partner, they get nothing under intestacy laws. Zero. Even if you’ve lived together for 20 years.
The only way to protect a long-term partner who isn’t your legal spouse is to write a will. This is one of the most important reasons to create one.
Probate: What It Is and Why It Matters
You’ve probably heard the word “probate” before. Let me break it down.
Probate is the legal process where a court oversees the distribution of your estate after you die. Even with a will, most estates in Missouri must go through probate. Think of it like a traffic checkpoint for your estate.
There’s good news for smaller estates. If your estate is worth $40,000 or less, Missouri offers a simplified probate process. That’s much faster and cheaper than standard probate.
For larger estates, standard probate can take six months to a year. It can also cost thousands of dollars in attorney and personal representative fees. A $400,000 estate, for example, could cost $11,500 in fees paid to each party involved.
Hold on, this part is important. Your will must be filed with the Probate Division of the Circuit Court within one year of your death. If no one files it in time, complications can follow.
What Can You Do With a Missouri Will?
A will does more than just hand out your belongings. Here’s what you can include in a Missouri will.
You can name a personal representative to carry out your wishes. You can name a guardian for minor children if you’re their only parent. You can set up a trust for a child or other loved one. You can donate your body or organs to a hospital or university. You can even set up a “pet trust” to make sure your animals are cared for.
Pretty much, a will gives you a lot of control. Without one, you lose that control entirely.
Changing or Revoking a Will in Missouri
Good news: you can change your will at any time while you’re alive and of sound mind.
To add a small change, you can write an amendment called a codicil. For bigger changes, it’s usually better to revoke the old will and write a completely new one. Any new will must follow the same signing and witness rules as the original.
You can also revoke a will by physically destroying it. Burning, tearing, or canceling the document all count. You can also direct someone else to destroy it for you, as long as they do so in your presence.
Here’s a detail most people miss: if you get divorced in Missouri, the law automatically cancels any parts of your will that benefit your ex-spouse. Still, it’s smart to write a new will after a divorce to avoid any confusion.
Contesting a Will in Missouri
Sometimes family members disagree with what a will says. This is called contesting a will.
Common reasons for contesting a will include claims that the testator wasn’t of sound mind when they signed it. Another reason is undue influence, meaning someone pressured the testator into changing the will. Improper execution, like missing witnesses, is another reason.
Contesting a will can be a long, expensive process. A properly prepared will with two qualified witnesses dramatically reduces the chances of a successful challenge.
How to Store Your Will Safely
A will only helps if people can find it. This one sounds obvious, but you’d be surprised.
You have several options. You can store it at home in a safe place. You can keep it at your attorney’s office. You can store it in a safe deposit box, but make sure your executor can access it after your death.
Missouri also allows you to deposit your will with the probate court for safekeeping before your death. The will is kept under seal until you pass away. After death, the court opens it when they receive a death certificate.
Whatever you choose, make sure the right people know where your will is stored. This small step can save your family a huge headache.
Special Circumstances Worth Knowing
A few more things are worth mentioning.
Not all property can be controlled by a will. Life insurance, retirement accounts, and bank accounts with named beneficiaries pass directly to those beneficiaries, no matter what your will says. Make sure those beneficiary designations are up to date.
Also, Missouri is not a community property state. This means property owned before marriage generally stays separate. The rules for dividing marital property are different here than in states like California or Texas.
Personally, I think updating your will every few years, or after any major life event, is one of the smartest things you can do.
Frequently Asked Questions
Do I need a lawyer to write a will in Missouri? No, you don’t legally need a lawyer. But for complex estates or family situations, working with an estate planning attorney can help avoid costly mistakes.
Can I write my own will by hand in Missouri? Yes. A fully handwritten and signed will, called a holographic will, is legal in Missouri. But it must be entirely in your own handwriting to be valid.
Does my will need to be notarized in Missouri? No. Notarization is not required, but it can make the probate process easier and help prove the will is authentic.
What happens to my will when I get divorced? Missouri law automatically revokes any parts of your will that benefit your ex-spouse after a divorce. Writing a new will after divorce is strongly recommended.
Can I use an electronic will in Missouri? Yes, as of August 28, 2025, Missouri allows electronic wills. Witnesses must still be physically present, but notaries can participate remotely.
What is the minimum age to make a will in Missouri? You must be at least 18 years old, unless you are married, in the military, or legally emancipated.
Can I leave someone out of my will entirely? You can disinherit most people, but a surviving spouse has special rights under Missouri law to receive a portion of your estate regardless of what the will says.
Final Thoughts
Writing a will isn’t just for the elderly or the wealthy. It’s for anyone who cares about what happens to their stuff and their loved ones after they’re gone.
Missouri’s laws are clear: without a will, the state calls the shots. And the state doesn’t know your family, your relationships, or your wishes. You do.
Now you know the basics. Take the next step, talk to an estate planning attorney, or use a trusted online tool to get started. Your future self, and your family, will thank you.
