Free Missouri Last Will and Testament Form

A will is a document containing the last will of its creator (testator) and deciding exactly how and by whom his or her property and assets will be used in the event of death.

Ordinarily, most people can only benefit from having a will. An elaborate and properly made last will is important to the ones you love and your relatives after your passing even if you haven’t got a large amount of property.

Here, we provide you with a free downloadable Missouri last will and testament form and the solutions to certain general doubts you may have concerning this particular document.


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Missouri Last Will Laws and Requirements

Requirements State laws
Statutes Chapter 474 – Probate Code – Intestate Succession and Wills
Signing requirement Two witnesses 474.320.  Will form, execution, attestation
Age of testator 18 or older or emancipated minor 474.310.  Who may make will
Age of witnesses 18 or older 474.330.  Who may witness will — effect of interest in will
Self-proving wills Allowed 474.337.  Written will self-proved, how
Handwritten wills Recognized if witnessed according to the state law 474.320.  Will form, execution, attestation
Oral wills Recognized if meeting certain conditions 474.340.  Nuncupative wills
Holographic wills No statutes
Depositing a will Possible with the probate division of any circuit court in a Missouri county A fee is $3 474.510.  Deposit of will in court in testator’s lifetime

How to Write a Missouri Last Will

  1. Think about your alternatives. One important thing to think about, firstly, is if you want to write the whole document by hand or work with a fillable last will and testament form that can be found online.
  2. Indicate your details. Establish the testator and their particulars: full legal name and address (city, county, and state). Go over the information you wrote along with the rest of the passage, including “Expenses and Taxes.”
    Section for indicating details of last will for Missouri
  3. Designate the executor. This is the time to select the executor of your will, the person responsible for ensuring that every little thing you lay out in this document is made a reality. To do this, you have to specify the executor’s full legal name, as well as their residential information (city, county, and state). Be sure to appoint somebody who lives in the same state as you do. If you don’t, there will be extra red tape and unavoidable hassle in the process as a consequence of various special regulations every state has relating to out-of-state executors. It could happen that your main representative will be unable to carry out your last will and testament due to an illness, death, disinclination, or other factors. In this case, the court can designate its own agent to undertake the responsibilities. In order to prevent that, you can decide on another executor by indicating the same details you did for the primary one.
    Executor choosing part of document of last will Missouri
  4. Choose the guardian (optional). In case that you have underage or dependent children and don’t wish the court to select a guardian for them when you are no longer on this Earth, it’s possible to appoint someone you know as a guardian for your children.
    Appointing the guardian section of last will template for Missouri
  5. Specify your beneficiaries. At this stage, you indicate people who will receive your assets. Enter their full names, places of residence, and your relationship to them (spouse, child, friend).
  6. Allocate property. Write down your assets and explain how you want to distribute them among your inheritors if you’ve got something on your mind aside from splitting the assets evenly. Cash, shares, real estate, business control, money for unsettled arrears, and any physical things of financial worth in your possession can be in your last will and testament. Yet, shared and living will property and assets, along with your life insurance, can’t be put into your will.
    Beneficiaries specification and assets allocation part of Missouri will and testament
  7. Continue with the witnesses putting the signatures at the end of the document. Missouri Revised Statutes stipulates that at the least two witnesses have to sign a will for it to be viewed as legally binding. Only someone who isn’t your beneficiary and is of 18 years or older could be picked as a witness. As an extra safeguard against cases when your will is challenged or any other problems, it might be wise to name a witness who’s younger than you to be sure they will be there after you depart this life. After a thorough review of each paragraph in your will, all parties involved (you and your two witnesses) must fill out their names and full addresses and sign the will.
    Witnesses signing part of Missouri will and testament form

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Frequently Asked Questions

What is the main difference between 'Power of Attorney' and 'Executor'?

A power of attorney is a legal document that assigns a person, known as your agent or proxy (doesn’t have to be a lawyer), to manage important things for you when you are alive.

There are two key ones on the list of power of attorney kinds:

  • General power of attorney – lets you appoint a proxy (agent) who will have the ability to manage your financial and legal affairs on your behalf. However, this document will become annulled if the PoA author dies or becomes incapacitated.
  • Durable power of attorney – gives the identical authority to the proxy as the prior type but remains valid even when the person on behalf of whom the agent acts becomes incapacitated.

An executor is someone you rely on and appoint to ensure the last will’s directions are carried out. Nevertheless, the two positions can be served by one person.

Is a Missouri will form good without a notary certification?

Missouri statute affirms that a will is valid without having a notary public certify it. However, you can make your will self-proving by attaching an affidavit to it, and you will have to go to a notary public if you want to accomplish that. Making your last will self-proving might be a wise decision because it quickens the probate and grants one more layer of certainty should the will’s credibility be doubted.

IMPORTANT: Even though notarization is not required for last wills in Missouri, signing a will in front of a notary public usually helps facilitate the probate.

When weighing attested and holographic last wills, which one is better?

For any holographic will to be legally binding, you must handwrite the whole document, indicate the date of creation, sign it, and have it witnessed according to the state law. You should understand that this type of a last will is generally made when there isn’t any other solution and is replaced by a more thorough document created with the help of a fillable last will template or attorney. A correctly detailed will would be far better for the future probate procedure because holographic last wills may contain ambiguous conditions that can delay probate and make it more expensive and/or more challenging to enforce.

An attested will is a typed document that is often based on a fillable template available online or made with the aid of a lawyer. For it to be regarded as valid, it has to be signed by the testator and two trusted witnesses over the age of 18 in the testator’s presence, which can also be exercised in the presence of a notary. But, the latter isn’t needed in Missouri.

What exactly is testamentary capacity?

The testator must fulfill testamentary capacity prerequisites in order to create and modify their will, including being of sound mind.

In most states, to write a will, you have to be of sound mind and at least 18 years old. “Sound mind” indicates that there aren’t any kinds of psychiatric disorders (dementia, senility, insanity, etc.) that prevent you from realizing fully the aftermaths of your doings.

Do I have to include a self-proving affidavit to my last will and testament in Missouri?

No, in Missouri, there’s no such requirement. Nevertheless, attaching one may be quite useful as it removes the demand for witnesses testimony during probate, which eases the process substantially.

Is it possible to disinherit your child or spouse?

Missouri is not a community property state (also known as marital property). That’s a form of interest documentation presented by the systems of law that declares that 50 % of all properties and assets (along with arrears) of one spouse is owned by another and stays such after divorce.   Possibly, such a system makes for somewhat easier divorces.

According to, in 2018, the Missouri divorce rate was 9.2 per 1,000 women over 15 years old. It is considered higher than the national rate in the USA over the same period (7.7 per 1,000 women over 15 years old).

In Missouri, you’ll be able to easily disinherit your spouse. Still, your marriage partner will be allowed to own some minimum amount of your property.

With regards to everyone else, it’s legal in Missouri to disinherit members of your family in the last will and testament. That concerns your adult children and other members of the family; only add disinheritance provisions to your last will and testament.

Can my will be changed without my consent?

No, nobody but you is allowed to change your last will. A 3rd party is only able to sign the will in case you’re physically unable to do so.

In Missouri, is it possible to adjust a typewritten will after signing it?

Yes, it can be done.

A person who wrote the will is allowed to alter or cancel his or her last will and testament anytime. The only case that may not let you do it is when such doing is forbidden under the agreement you concluded.

It’s recommended to modify your will if a major event happens in your life. These include but aren’t limited to:

  • Adoption or childbirth
  • You have married or divorced
  • Purchasing or selling real estate
  • Considerable changes in your finances

What are the costs of having lost a will?

Missouri law indicates that a last will can be recognized in case it’s lost or destroyed. However, the probate court will be less likely to acknowledge anything except for the original of the last will and testament to probate.

Missouri law gives a presumption that the absence of the will means it’s canceled. That puts the obligation on the advocate of the last will to provide evidence of the stated will.

Things may be even more complicated when it comes to a holographic last will. In order to prove its credibility, the court demands testimony and sword witnesses. The reason behind not producing the last will and its details must be confirmed too.

In what way can a physically impaired individual sign the last will?

Missouri Estate Code allows another individual to sign your last will and testament only per your instruction and in your presence. Voice communication, a positive response to a query, or gestures are the ways that can be used to communicate that you prefer a particular individual to sign your last will and testament.

You can get a notary to sign the name of a testator that is physically unable to do it if the latter instructs the notary public with a witness present. Such a witness is chosen just like one would decide on an executor – they must not have any legal or equitable interest in any assets being the concern of or impacted by the last will.

Related documents Instances when you might need to create one
Codicil You want to slightly modify your last will without creating a new document from scratch.
Self-proving affidavit You want the probate to be faster when the time comes.
Living will You want to make sure that, if you become incapacitated, you are treated the way you’d like to.
Living trust You want additional protection and confidentiality once the time to distribute your property comes.
Published: Sep 16, 2020
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.