How do I make a valid will in Missouri?

Q: How do I make a valid will in Missouri?

Missouri wills are governed by RSMo Chapter 474. 1. Testator Requirements - Age : 18 or older, or an emancipated minor (RSMo § 474.310). - Capacity : Sound mind. 2. Witness Requirements (RSMo § 474.320) - In writing. - Signed by the testator (or by another in the testator's presence and by the testator's direction). - Attested by 2 or more competent witnesses subscribing their names to the will in the presence of the testator . 3. Notarization Not required for validity. A self-proving affidavit (RSMo § 474.337) executed before a notary by the testator and witnesses allows the will to be probated without live witness testimony. 4. Holographic Wills NOT Recognized in Missouri Missouri does not recognize holographic wills executed in Missouri. However, RSMo § 474.360 honors a will valid under the law of the place where executed or where the testator was domiciled. 5. Nuncupative (Oral) Wills (RSMo § 474.340) Limited to soldiers in actual service or sailors at sea, for personal property only. 6. Interested Witnesses A beneficiary-witness does not invalidate the will, but the gift is void unless 2 other disinterested witnesses signed (RSMo § 474.330). 7. Intestacy (No Will) RSMo § 474.010: Spouse + descendants all of marriage — spouse takes first $20,000 + 1/2 of balance. Spouse + descendants from outside the marriage — spouse takes 1/2 , descendants take 1/2 . 8. Small Estate Threshold Missouri's small estate procedure (RSMo § 473.097) is available for estates with assets not exceeding $40,000 , after a 30-day waiting period . 9. Nonprobate Transfers Missouri has a robust Nonprobate Transfers Law (RSMo §§ 461.003-461.081), allowing transfer-on-death deeds and beneficiary designations for many asset types. This is legal information, not legal advice.

Question

Accepted Answer

Missouri wills are governed by RSMo Chapter 474.

1. Testator Requirements

Age: 18 or older, or an emancipated minor (RSMo § 474.310).

Capacity: Sound mind.

2. Witness Requirements (RSMo § 474.320)

In writing.

Signed by the testator (or by another in the testator's presence and by the testator's direction).

Attested by 2 or more competent witnesses subscribing their names to the will in the presence of the testator.

3. Notarization

Not required for validity. A self-proving affidavit (RSMo § 474.337) executed before a notary by the testator and witnesses allows the will to be probated without live witness testimony.

4. Holographic Wills NOT Recognized in Missouri

Missouri does not recognize holographic wills executed in Missouri. However, RSMo § 474.360 honors a will valid under the law of the place where executed or where the testator was domiciled.

5. Nuncupative (Oral) Wills (RSMo § 474.340)

Limited to soldiers in actual service or sailors at sea, for personal property only.

6. Interested Witnesses

A beneficiary-witness does not invalidate the will, but the gift is void unless 2 other disinterested witnesses signed (RSMo § 474.330).

7. Intestacy (No Will)

RSMo § 474.010: Spouse + descendants all of marriage — spouse takes first $20,000 + 1/2 of balance. Spouse + descendants from outside the marriage — spouse takes 1/2, descendants take 1/2.

8. Small Estate Threshold

Missouri's small estate procedure (RSMo § 473.097) is available for estates with assets not exceeding $40,000, after a 30-day waiting period.

9. Nonprobate Transfers

Missouri has a robust Nonprobate Transfers Law (RSMo §§ 461.003-461.081), allowing transfer-on-death deeds and beneficiary designations for many asset types.

This is legal information, not legal advice.