Last Will And Testament requirements in Missouri
- You must be at least 18 years old and of sound mind.
- The will must be in writing (typed or printed).
- You must sign the will in the presence of at least two witnesses.
- Your witnesses must be at least 18 years old and cannot be beneficiaries of the will.
- The witnesses must sign the will in your presence and in each other's presence.
- While not required for validity, a notary can help make your will 'self-proving' to speed up probate.
How to create a Last Will And Testament in Missouri
- List your assets and decide who should receive them.
- Choose an executor to manage your estate and distribute your assets.
- Decide on guardians for minor children, if applicable.
- Write your will using a template or with the help of an attorney.
- Sign your will in front of two witnesses, and consider having it notarized.
- Store your will in a safe place and tell your executor where it is.
What a Last Will And Testament typically costs
The cost to create a will in Missouri varies. Using a will template or online service can cost between $20 and $100, while hiring an attorney may range from $300 to $1,000 or more, depending on complexity. The peace of mind and legal accuracy are often worth the investment.
Ready to create your own Missouri last will and testament? Start with our easy-to-use will template and give your family peace of mind today.
Create your last will and testamentMissouri Will Prep Checklist
Before you draft your will, gather key information and review Missouri's legal requirements to ensure your final wishes are valid and honored.
- Confirm you are at least 18 and of sound mind to make a will in Missouri.
- Decide who will serve as your personal representative (executor) and a backup.
- List all significant assets and debts, including real estate, bank accounts, and personal property.
- Identify your beneficiaries and any alternates; consider what happens if they predecease you.
- Plan for minor children: name a guardian and a property guardian if needed.
- Review Missouri's signing rules: your will must be in writing, signed by you, and witnessed by two individuals who sign in your presence.
Frequently asked questions
What happens if I die without a will in Missouri?
If you die without a will (intestate), Missouri's intestacy laws determine who inherits your property. Typically, your spouse and children receive the largest shares, but the distribution may not match your wishes. If you have no relatives, your property may escheat to the state.
Can I write a will myself in Missouri?
Yes, you can write a will yourself, but it must meet Missouri's legal requirements to be valid. Handwritten (holographic) wills are not recognized in Missouri; the will must be typed or printed. Using a template or online service can help ensure you include all necessary provisions.
What is a living will and how does it differ?
A living will, or healthcare directive, states your medical treatment preferences if you become unable to communicate. It does not distribute your property. A last will and testament (or 'will') handles your assets and guardianship of minor children after your death. Both are part of comprehensive estate planning.
Do I need a lawyer to make a will in Missouri?
No, you don't need a lawyer, but it's often recommended, especially if you have a complex estate. A lawyer can help you avoid costly mistakes and ensure your will complies with state laws. For simple estates, a will template or online service may suffice.