Missouri Will and Trust Laws: Witnesses, Electronic Wills (2026)

In Missouri, a person of sound mind who is 18 or older, or a minor emancipated by adjudication, marriage or entry into active military duty, may make a will (RSMo 474.310). Under RSMo 474.320, every will must be in writing, signed by the testator (or by another person, at the testator's direction, in the testator's presence), and attested by two or more competent witnesses who subscribe their names to the will in the testator's presence; the section does not require a notary. Living trusts are governed by sections 456.1-101 to 456.11-1106, which "may be cited as the 'Missouri Uniform Trust Code'" (456.1-101).

Missouri's rules changed on August 28, 2025, when the Missouri Electronic Wills and Electronic Estate Planning Documents Act (H.B. 754) took effect: an electronic will is now "a will for all purposes," and its witnesses may sign in the testator's electronic presence. A paper will still follows section 474.320. Other states' rules are collected in the wills and trusts laws by state overview.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Missouri statutes on making, signing, changing and revoking wills (RSMo chapter 474, with related sections of chapters 473 and 461) and on revocable living trusts (chapter 456, the Missouri Uniform Trust Code). It does not cover what happens when someone dies without a will or how probate works (see Missouri probate), small-estate procedures (see the Missouri small estate affidavit page), powers of attorney (see Missouri power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Missouri advance directive tool.

What makes a will valid in Missouri?

Section 474.310 sets capacity: "Any person of sound mind, eighteen years of age or older or any minor emancipated by adjudication, marriage or entry into active military duty into the military may by last will devise his or her real or personal property." Section 474.320 sets the form:

"Every will shall be in writing, signed by the testator, or by some person, by his direction, in his presence; and shall be attested by two or more competent witnesses subscribing their names to the will in the presence of the testator." (RSMo 474.320)

Three points follow from the text:

• Two witnesses. At least two competent witnesses must subscribe their names to the will in the testator's presence.
• Signing for the testator. Another person may sign for the testator, "by his direction, in his presence."
• No notary. Section 474.320 does not require a notary. It also does not say in terms that the testator must sign in the witnesses' presence; it requires the witnesses to subscribe in the testator's presence.

Who may witness

Under 474.330, "Any person competent to be a witness generally in this state may act as attesting witness to a will." An interested witness does not invalidate the will, but "any interested witness shall, unless the will is also attested by two disinterested witnesses, forfeit so much of the provisions therein made for him as in the aggregate exceeds in value, as of the date of the testator's death, what he would have received had the testator died intestate." A witness is not interested merely because he or she is a creditor of the estate or is named executor.

Wills signed in another state

Under 474.360, a written will is valid if executed in compliance with "(1) The laws of this state; (2) The laws, as of the time of execution, of the place where the will is executed; or (3) The laws of the place where, at the time of execution or the time of the testator's death, the testator is domiciled, has a place of abode or is a national."

A separate list for personal items

Section 474.333 lets a will refer to a written statement or list disposing of items of tangible personal property not otherwise specifically disposed of by the will, "other than money, evidences of indebtedness, documents of title, securities and property used in trade or business." The writing "must either be in the handwriting of the testator or be signed by the testator, must be dated and must describe the items and the devisees with reasonable certainty." It may be prepared before or after the will and altered later.

No harmless-error rule for paper wills

Section 474.320 states the execution requirements, and chapter 474 contains no section that excuses a paper will that does not meet them.

Does a Missouri will need to be notarized? The self-proved will

A notary is not part of section 474.320. Notarization comes in through section 474.337, which makes a will self-proved:

"A written will may at the time of its execution, or at any subsequent date, be made self-proved, by the acknowledgment thereof by the testator and the witnesses, each made before an officer authorized to administer oaths under the laws of this state, and evidenced by the officer's certificate, under official seal, attached or annexed to the will" (RSMo 474.337(1))

The certificate form in the section recites that the testator and the witnesses, "having appeared together before me and having been first duly sworn," made the required declarations. Under 474.337(2), an officer authorized to administer oaths who has no official seal (including a commissioner of deeds and a judge advocate or other commissioned officer of the Armed Forces acting under 10 U.S.C. 936) may instead state that he or she has no official seal and recite the facts that establish his or her authority. This page does not reproduce the statutory form. An electronic will has an additional self-proving route, described below.

Are handwritten (holographic) wills valid in Missouri?

No. Section 474.320 requires every will to be "attested by two or more competent witnesses," and chapter 474 contains no holographic-will section. A will written in the testator's own hand is valid only if it meets the same two-witness rule.

A will valid under the law of the place where it was signed, or of the testator's domicile, place of abode or nationality, is valid in Missouri under 474.360. The separate list of tangible personal property under 474.333 may be in the testator's handwriting, but that rule covers only the items the section names, and the list must be dated.

Are oral (nuncupative) wills valid?

Only in a narrow case. Under 474.340, "A nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril." It must be:

1. Declared to be the testator's will "before two disinterested witnesses";
2. "Reduced to writing by or under the direction of one of the witnesses within thirty days after such declaration"; and
3. "Submitted for probate within six months after the death of the testator."

It "may dispose of personal property only and to an aggregate value not exceeding five hundred dollars," and it "neither revokes nor changes an existing written will."

Electronic wills and remote witnessing

Electronic wills (since August 28, 2025)

The Missouri Electronic Wills and Electronic Estate Planning Documents Act, enacted by H.B. 754 (2025), is codified at sections 474.540 to 474.564 and took effect August 28, 2025. Under 474.544, "An electronic will shall be a will for all purposes of the laws of this state."

Section 474.548(1) sets the requirements. An electronic will must be:

• Text. "A record that is readable as text at the time of signing" and "remains accessible as text for later reference."
• Signed. By the testator, or by "Another individual in the testator's name, in the testator's physical presence, and by the testator's direction."
• Witnessed. "Signed in the physical or electronic presence of the testator by at least two individuals after witnessing" the signing or the testator's acknowledgment of the signing or of the will.

Section 474.542(2) defines "electronic presence" as "the relationship of two or more individuals in different locations in real time using technology enabling live, interactive audio-visual communication that allows for observation, direct interaction, and communication between or among the individuals."

The act adds these conditions and rules:

• Witness location. Under 474.548(3), "a witness to a will shall be a resident of a state and physically located in a state at the time of signing if no self-proving affidavit is signed contemporaneously with the execution of the electronic will."
• Intent. Under 474.548(2), the testator's intent that the record be his or her electronic will "may be established by extrinsic evidence."
• Self-proving remotely. Under 474.550, an electronic will may be made self-proved in the manner of 474.337 or, "if fewer than two witnesses are physically present in the same location as the testator at the time of such acknowledgments, before a remote online notary authorized to perform a remote online notarization in this state under the law of any state or the United States," evidenced by a remote online notarial certificate in the statutory form and subject to section 486.1165.
• Out-of-state electronic wills. Under 474.546, a will executed electronically but not in compliance with 474.548(1) is still an electronic will if executed in compliance with the law of the jurisdiction where the testator was physically located when it was signed, or where the testator was domiciled or resided when it was signed or at death.
• Paper copies. Under 474.556, a person may create a certified paper copy "by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy," and the copy satisfies any rule requiring the original. A self-proved electronic will's copy must include the self-proving affidavit.
• Applicability. Under 474.564, the act applies "to any will of a decedent who dies on or after August 28, 2025, and to each written estate planning document, as that term is defined in section 474.560, signed or remotely witnessed on or after August 28, 2025."

Remote witnessing is for electronic wills only

The electronic-presence rule in 474.548 is part of the requirements for an electronic will. A paper will is still governed by section 474.320, whose witnesses subscribe "in the presence of the testator," and by 474.337, whose certificate recites that the testator and witnesses "appeared together before me." Section 474.560(4), which lets witnesses sign other estate planning documents remotely, is limited to documents "other than a will": "Any written estate planning document, other than a will, that requires one or more witnesses to the signature of a principal may be witnessed by any individual or individuals in the electronic presence of the principal."

Expired COVID-era window (April 6, 2020 to December 31, 2021)

Section 474.600, also enacted by H.B. 754 and effective August 28, 2025, addresses documents signed during the pandemic. It defines the "applicable state of emergency" as "the period between April 6, 2020, and December 31, 2021," during which executive orders 20-08, 20-10, 20-12, 20-14, 20-19, 21-07 and 21-09 "temporarily suspended the physical appearance requirements" and authorized audio-visual technology for executing estate planning documents, including wills, if the orders' conditions were met.

Under 474.600(2), a necessary person "shall be deemed to have satisfied any physical presence requirement under Missouri law during the applicable state of emergency" (including the requirements of 474.320 and 474.337) if:

1. The signer affirmatively represented that the signer was physically situated in Missouri;
2. The notary was physically located in Missouri and stated the county on the acknowledgment;
3. The notary identified the signers to the satisfaction of the notary and Missouri law;
4. Any person whose signature was required appeared by video conference allowing live, interactive audio-visual communication at the time of signing; and
5. The notary recorded in the journal the exact time and means used, with all other required information, absent the wet signatures.

Under 474.600(3), those five requirements are instead deemed satisfied if an attorney licensed or authorized to practice law in Missouri "who was present at the remote execution signs a written acknowledgment made before an officer authorized to administer oaths," evidenced by the officer's certificate under official seal, in substantially the form the section sets out. The section looks back at signings within that window; it does not authorize remote signing of a paper will today.

Changing or revoking a Missouri will

Methods of revocation

Under 474.400, "No will in writing, except in the cases herein mentioned, nor any part thereof, shall be revoked, except by a subsequent will in writing, or by burning, cancelling, tearing or obliterating the same, by the testator, or in his presence, and by his consent and direction."

For an electronic will, 474.552 provides that all or part of it is revoked by a later will that revokes it expressly or by inconsistency, by "A written instrument signed by the testator declaring the revocation," or by a physical act if it is established by a preponderance of the evidence that the testator, intending revocation, performed the act or directed another individual who performed it in the testator's physical presence. If there is evidence that a testator signed an electronic will and neither it nor a certified paper copy can be located after death, "there shall be a presumption that the testator revoked the electronic will."

Reviving an earlier will

Under 474.410, if a second will that would have revoked the first is itself revoked by an act under 474.400, "the first will is revoked in whole or in part, unless it is evident from the circumstances of the revocation of the second will or from testator's contemporary or subsequent declarations that he intended the first will to take effect as executed." If the second will is revoked by a third will, the first stays revoked "except to the extent it appears from the terms of the third will that the testator intended the first will to take effect."

Divorce

Missouri has three divorce rules, in three chapters.

The will (474.420). "If after making a will the testator is divorced, all provisions in the will in favor of the testator's spouse so divorced are thereby revoked but the effect of the revocation shall be the same as if the divorced spouse had died at the time of the divorce. With this exception, no written will, nor any part thereof, can be revoked by any change in the circumstances or condition of the testator."

Trusts (456.1-112). If a settlor's marriage is dissolved or annulled, "any beneficial terms of a trust in favor of the settlor's former spouse or any fiduciary appointment of the settlor's former spouse is revoked on the date the marriage is dissolved or annulled, whether or not the terms of the trust refer to marital status." The trust is given effect "as if the former spouse had died immediately before the date the dissolution or annulment became final," and the rule also reaches a relative of the former spouse who is no longer related to the settlor. Its conditions:

• It does not apply to trust terms for a former spouse or relative created after the dissolution, or that expressly state dissolution does not affect the designation (456.1-112(2)).
• A court may order, or the settlor and spouse may agree in a binding contract or settlement agreement, that it does not apply (456.1-112(3)).
• Revoked terms are revived by remarriage to the former spouse or by nullification of the dissolution or annulment (456.1-112(4)).
• It does not apply "to any trust for which a gift tax marital deduction has been claimed or allowed under Section 2523 of the Internal Revenue Code," or in a manner that would make a transfer an incomplete gift or include the trust in the settlor's gross estate (456.1-112(6)).

Beneficiary designations (461.051). Under the nonprobate transfers law, if after an owner makes a beneficiary designation the owner's marriage is dissolved or annulled, "any provision of the beneficiary designation in favor of the owner's former spouse or a relative of the owner's former spouse is revoked on the date the marriage is dissolved or annulled, whether or not the beneficiary designation refers to marital status." It does not apply to a provision that has been made irrevocable, or revocable only with the spouse's consent, that was made after the dissolution, or that expressly states dissolution does not affect it, and revoked provisions are revived by remarriage to the former spouse or nullification (461.051(2), (3)). Section 461.073 limits the rule. It does not reach property, money or benefits paid at death under "a life or accidental death insurance policy, annuity, contract, plan or other product sold or issued by a life insurance company" unless the policy or beneficiary designation incorporates the nonprobate transfers law "by express reference" (461.073(6)), and "Section 461.051 shall not apply to any employee benefit plan governed by 29 U.S.C. Section 1001 et seq.," the federal ERISA statute (461.073(8)). Chapter 461 defines a nonprobate transfer to exclude "a transfer under a trust established by an individual" (461.005(7)), which is why trusts have their own rule in 456.1-112.

Federal law. For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that ERISA pre-empts a state statute revoking a spouse's beneficiary designation on divorce, to the extent the statute applies to those plans (see the wills and trusts hub for the federal layer).

Marriage and children after the will

• Spouse married after the will. Under 474.235, a surviving spouse "who married the testator after the execution of the will" receives the share he or she would have received if the decedent left no will, "unless it appears from the will that the omission was intentional or that the testator provided for the spouse by transfer outside the will," with intent shown by the testator's statements, the amount of the transfer or other evidence.
• Children born or adopted after the will. Under 474.240, an omitted child born or adopted after the will receives a share equal to the intestate share, unless the omission appears intentional from the will, the testator had children when the will was made and "devised substantially all his estate to the other parent of the omitted child," or the testator provided for the child outside the will in lieu of a testamentary provision. A living child left out solely because the testator believed the child dead also receives an intestate share.

The intestate shares these sections refer to are explained on the Missouri probate page.

Limits on what a Missouri will can do

Spouse's elective share. Under 474.160, when a married person dies testate, the surviving spouse may elect to take against the will and receive, "in addition to exempt property and the allowance under section 474.260," one-half of the estate, subject to the payment of claims, "if there are no lineal descendants of the testator," or one-third of the estate if there are. A spouse who elects "shall take nothing under the will." The election is not in lieu of the homestead allowance under 474.290, "but any homestead allowance made to the surviving spouse shall be offset against the share taken under this section"; see the Missouri homestead exemption page for homestead protections.

Omitted spouse and children. Sections 474.235 and 474.240, described above.

No-contest clauses. Section 474.395 lets an interested person ask a court, before acting, whether a particular claim "would trigger application of the no-contest clause or would otherwise trigger a forfeiture that is enforceable under applicable law and public policy," adjudicated in the manner of 456.4-420. The section's definition "shall not be construed in any way as determining whether a no-contest clause is enforceable under applicable law and public policy in a particular factual situation." The section sets a procedure; the enforceability rule comes from the courts. In Commerce Trust Co. v. Weed (Mo. 1958), a will case, the Supreme Court of Missouri held that no-contest provisions "should be enforced without regard to any exception based upon the good faith and probable cause of the contestant."

Lapsed gifts. Under 474.460, when a devisee who is a "child, grandchild or other relative of the testator" dies before the testator, or is treated as having predeceased, "leaving lineal descendants who survive the testator by one hundred twenty hours, the descendants shall take the estate."

Deadlines after death. Under 473.050, a will must be presented for and admitted to probate to be effective: generally within six months after the first publication of notice of letters (or within thirty days after a will contest action begins, if later) where notice was given, or within one year after death where it was not. Under 473.083, unless an interested person contests within six months after the will's probate or rejection, or within six months after first publication of notice of letters, whichever is later, "probate or rejection of the will is binding."

Revocable living trusts in Missouri

The trust code

Sections 456.1-101 to 456.11-1106 "shall be known and may be cited as the 'Missouri Uniform Trust Code'" (456.1-101), effective January 1, 2005. Under 456.11-1106, the code applies, except as otherwise provided, "to all trusts created before, on, or after January 1, 2005," and its rules of construction and presumptions apply to instruments executed before that date "unless there is a clear indication of a contrary intent in the terms of the trust."

Creating a trust

Under 456.4-402(1), other than for certain trusts created by statute or under 42 U.S.C. 1396p(d)(4), "a trust is created only if: (1) the settlor has capacity to create a trust; (2) the settlor indicates an intention to create the trust; (3) the trust has a definite beneficiary" (or is a charitable trust, a trust for the care of an animal, or a trust for a noncharitable purpose); "(4) the trustee has duties to perform; and (5) the same person is not the sole trustee and sole beneficiary."

Writing and land. Under 456.4-407(1), "a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence." Under 456.4-407(2), other than a trust arising by implication or construction of law, "all declarations or creations of trust of any lands, tenements or hereditaments shall be manifested and proved by some writing signed by the party who is, or shall be, by law, enabled to declare such trusts, or by the party's last will, in writing, or else they shall be void." The creation sections add no witness or notary requirement.

Electronic signing. Under 474.560(1), a revocable trust or amendment, modification or revocation, and an irrevocable trust, are among the "estate planning documents" that "may be executed electronically," and no such document "shall be invalid or void solely because it is in electronic form or because it is signed electronically." Under 474.560(4), a document other than a will that requires witnesses may be witnessed in the principal's electronic presence. Powers of attorney are covered on the Missouri power of attorney laws page.

Capacity

Under 456.6-601, "The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will."

Revocable by default, with a date limit

Section 456.6-602(1) states: "Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before January 1, 2005."

Under 456.6-602(3), the settlor may revoke or amend a revocable trust "(1) if the terms of the trust provide a method of amendment or revocation, by substantially complying with any method provided in the terms of the trust; or (2) if the terms of the trust do not provide a method, by any other method manifesting clear and convincing evidence of the settlor's intent, including the terms of a later duly probated will or codicil that identify the trust being revoked or the trust terms being amended."

Other rules in the same section:

• More than one settlor. To the extent the trust consists of property other than community property, "each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution" (456.6-602(2)).
• Agents. A settlor's powers may be exercised by an agent under a power of attorney "only to the extent expressly authorized by the terms of the trust or the power" (456.6-602(5)).
• Conservators. A conservator, or if none has been appointed a conservator ad litem, may exercise those powers "only with the approval of the court supervising the conservator or the conservator ad litem" (456.6-602(6)).

Under 456.6-603, while a trust is revocable and the settlor has capacity to revoke it, "rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor." The settlor is presumed to have capacity until adjudicated totally incapacitated or disabled or until the trustee receives an "affidavit of incapacity," a written certificate from at least one licensed medical doctor.

Creditors

Under 456.5-505(1), "Whether or not the terms of a trust contain a spendthrift provision, during the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors."

Certification of trust

Under 456.10-1013, instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish a certification of trust stating that the trust exists and the date it was executed, the settlor's identity, the identity and address of the acting trustee, the trustee's powers, whether the trust is revocable and who may revoke it, the cotrustees' signing authority, the trust's taxpayer identification number and the manner of taking title. "A certification of trust must be signed by all the trustees. A third party may require that the certification of trust be acknowledged or guaranteed." A person who relies on it "without knowledge that the representations contained therein are incorrect is not liable to any person for so acting."

After the settlor dies: notice and the contest deadline

Trustee notice. Under 456.8-813(2)(3), within one hundred twenty days after the trustee "acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise," the trustee must notify the qualified beneficiaries of the trust's existence, the identity of the settlor or settlors, the right to request a copy of the trust instrument, and the right to a trustee's report. The section does not apply to a trust created under a trust instrument that became irrevocable before January 1, 2005 (456.8-813(8)).

Contest deadline. Section 456.6-604(1) provides that a person may contest the validity of a trust that was revocable at the settlor's death within the earliest of:

"(1) two years after the settlor's death; (2) six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding; or (3) in the case of a trust that was revocable at the settlor's death that is entitled to a distribution under the settlor's will, on the date that any contest of that will is barred under the provisions of section 473.083, provided that a copy of the trust instrument was filed with the probate division within ninety days of the first publication of notice of granting of letters on the estate of the decedent under section 473.033." (RSMo 456.6-604(1))

After the settlor's death, the trustee may distribute the trust property under the trust's terms and is not liable for doing so unless the trustee knows of a pending contest, or a potential contestant notified the trustee and a proceeding "is commenced within sixty days after the contestant sent the notification" (456.6-604(3)). A beneficiary of a trust later held invalid "is liable to return any distribution received" (456.6-604(4)).

No-contest clauses in trusts

Section 456.4-420 lets an interested person, once a trust containing a no-contest clause "is or has become irrevocable," petition for an interlocutory determination of whether a particular claim would trigger the clause. Under 456.4-420(7), a no-contest clause "is not enforceable against an interested person" in listed circumstances, including objecting to jurisdiction or venue, seeking an accounting, report or notice the trustee should have made, filing for a guardian or conservator for the settlor, disclosing information about the trust unless the law prohibits it, and seeking approval of a nonjudicial settlement agreement. The court may award costs, expenses and attorneys' fees (456.4-420(8)).

In Knopik v. Shelby Investments, LLC (Mo. banc, March 17, 2020), a trust beneficiary sued the trustee for breach of trust and removal, claims the trust's no-contest clause named, without first seeking relief under 456.4-420. The Supreme Court of Missouri affirmed a judgment enforcing the clause against him, holding that he "did not seek relief from the no-contest clause pursuant to section 456.4-420, in which he could have challenged the enforceability and applicability of the no-contest clause to his claims." The court declined to decide whether a good-faith or probable-cause exception should be introduced in Missouri.

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Under 456.021, a devise or other transfer by will "or other instrument of transfer, including a designation of beneficiary under a life insurance policy," may be made to the trustee of a trust "established or to be established" by the testator or another person, "if the trust is identified in the testator's will or the instrument of transfer and its terms are set forth in a written instrument." The devise "shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will, the delivery of the instrument of transfer, or the death of the testator."

Unless the will provides otherwise, the property becomes part of the trust and is administered under its terms, including amendments made before the testator's death and, "if the testator's will or the instrument of transfer so provides," amendments made after death. "A revocation or termination of the trust before the death of the testator shall cause a devise to the trustees of that trust to lapse."

Depositing and delivering a will

Under 474.510, a will may be deposited by the person making it, or that person's agent, "with the probate division of any circuit court, to be safely kept until delivered or disposed of." During the testator's lifetime it is delivered only to the testator or to a person authorized by a written order "duly proved by the oath of a subscribing witness." After the testator's death, under 473.043, "the person having custody of his will shall deliver it to the probate division of the circuit court which has jurisdiction of the estate" or of the county where the will is found, and the court may compel a person who refuses to produce a will "by attachment and commitment."

Missouri wills and trusts at a glance

Recent changes

• H.B. 754 (2025). Effective August 28, 2025, it enacted the Missouri Electronic Wills and Electronic Estate Planning Documents Act (474.540 to 474.564), allowing electronic wills, electronic presence for their witnesses, remote online self-proving of electronic wills and electronic execution of other estate planning documents, and added section 474.600 on documents signed during the April 6, 2020 to December 31, 2021 emergency period.
• 2022. Section 456.5-505 (creditors' claims against a settlor) was last amended effective August 28, 2022.

Making a will in practice

The site's free Missouri will-maker tool can help draft a basic will. Whatever produces the document, signing must follow section 474.320 for a paper will (two competent witnesses subscribing in the testator's presence) or section 474.548 for an electronic will, and section 474.337 explains how to make the will self-proved. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Missouri. The tool is not legal advice.

Members of the armed forces have one federal option as well: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub for the federal layer).

Related pages

• Wills and trusts laws by state
• Missouri probate
• Missouri small estate affidavit
• Missouri power of attorney laws
• Missouri homestead exemption

This article provides general legal information about Missouri law on wills and revocable trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Missouri or the probate division of the circuit court in your county.

Last updated: 2026-10-20.

Frequently Asked Questions

How many witnesses does a will need in Missouri?

Two or more competent witnesses, who subscribe their names to the will in the testator's presence (RSMo 474.320). For an electronic will, the two witnesses may sign in the testator's physical or electronic presence (474.548).

Does a will have to be notarized in Missouri?

No. Section 474.320 does not require a notary. A notary or other officer authorized to administer oaths is used to make a will self-proved under section 474.337, either when it is signed or later.

Is a handwritten will valid in Missouri?

Only if it meets the same rule as any other will: section 474.320 requires two competent witnesses, and chapter 474 has no holographic-will section. A will valid where it was signed or where the testator lived may be valid under 474.360.

Can I make an electronic will in Missouri?

Yes, since August 28, 2025. Under 474.548, an electronic will must be readable as text, signed by the testator (or by another in the testator's physical presence and by direction), and signed by at least two witnesses in the testator's physical or electronic presence.

Can a paper will be witnessed over video in Missouri?

No. Electronic presence is part of the electronic-will rule in 474.548, and the remote-witness rule for other estate planning documents in 474.560(4) excludes wills. Section 474.600 only validates documents signed under the conditions it lists between April 6, 2020 and December 31, 2021.

Are oral wills valid in Missouri?

Only in a narrow case under 474.340: a person in imminent peril of death who dies of that peril, declared before two disinterested witnesses, written down within 30 days, submitted for probate within six months, and limited to personal property worth $500 or less.

Does divorce revoke a will in Missouri?

Divorce revokes all provisions in the will in favor of the divorced spouse, with the same effect as if the spouse had died at the time of the divorce (RSMo 474.420). Separate rules with their own conditions reach trusts and beneficiary designations; see the divorce section above.

Is a living trust revocable in Missouri?

For a trust created under an instrument executed on or after January 1, 2005, yes, unless its terms expressly make it irrevocable (456.6-602(1)). That default does not apply to trusts created under earlier instruments.

How long do you have to contest a will or trust in Missouri?

A will contest must be filed within six months after the will's probate or rejection, or six months after first publication of notice of letters, whichever is later (473.083). A trust that was revocable at death must be contested within the earliest of the periods in 456.6-604, including two years after death and six months after the trustee sends the copy and notice.

Can a spouse be left out of a will in Missouri?

A surviving spouse may elect to take against the will: one-half of the estate if the testator left no lineal descendants, or one-third if there are, subject to claims (474.160). A spouse married after the will may take an intestate share unless an exception in 474.235 applies.