How to Make a Will in Missouri: Laws, Costs & Risks

The general rule: Missouri recognizes two types of valid wills — attested wills and holographic wills. Most people need to know about both, because they operate under completely different rules.

An attested will (the standard typed document) must be signed by the testator — the person making the will — or signed by someone else at the testator's direction if they're physically unable to sign. Two witnesses must then sign the document, and both must witness either the testator's signature or the testator's acknowledgment that the signature is theirs. Missouri does not require notarization to make a will valid, but a self-proving affidavit — which does require a notary — can dramatically simplify probate later.

A holographic will is entirely handwritten and signed by the testator. No witnesses required. Missouri courts recognize holographic wills under RSMo § 474.320(2), but courts scrutinize them heavily, particularly around testamentary intent and the testator's mental capacity at the time of signing. Every time I've seen a holographic will challenged, the fight comes down to ambiguous language — someone writing "I want my daughter to have the house" without naming which daughter.

One edge case worth knowing: Missouri does not recognize oral wills (nuncupative wills) for real property under any circumstances. For personal property, the statutory requirements are so narrow that oral wills almost never hold up in practice.

Missouri doesn't prohibit interested witnesses — meaning someone who stands to inherit under your will can legally serve as a witness. That's different from many states. But here's the trap: if an interested witness is one of only two witnesses and the will is contested, the gift to that witness may be voided under the purging statute (RSMo § 474.330), even though the will itself remains valid.

The practical fix is simple. Use two witnesses who receive nothing under the will. Neighbors, coworkers, a notary — anyone who won't inherit. It costs nothing and eliminates an entire category of challenge.

Worth knowing: witnesses must be of "sound mind" at the time of signing. Missouri courts have generally interpreted this to mean any adult without a known cognitive impairment at that moment. A minor technically cannot serve as a witness under RSMo § 474.320, though the statute doesn't set an explicit age floor beyond the broader requirement of legal competency.

The advertised price for making a will — $30 on LegalZoom, maybe $150 for a fancier online service — almost never accounts for what happens when the document hits probate. A will with a drafting error doesn't fail immediately. It fails when your family is grieving and the estate is frozen.

Missouri probate on a contested will can run $5,000–$20,000+ in attorney fees, with timelines stretching 18–36 months. Compare that to the $300–$800 an experienced Missouri estate attorney charges for a straightforward will. That's the actual tradeoff: save $270 now, risk $15,000 later.

There's also the probate-versus-non-probate asset distinction that online services gloss over entirely. A will only controls assets that pass through probate. Life insurance proceeds, retirement accounts with named beneficiaries, and jointly held real estate pass outside the will. I've seen estates where 80% of assets bypassed the will entirely — which made the carefully drafted document almost irrelevant, because beneficiary designations hadn't been updated in 20 years.

The hidden cost isn't always the will itself. It's the failure to coordinate the will with beneficiary designations, POD (payable-on-death) accounts, and any existing trusts.

This isn't just a price comparison. The functional difference matters more than the cost gap.

Choosing a DIY service saves $250–$550 upfront but typically exposes the estate to probate complications that cost far more to resolve. The break-even math only works in your favor if the estate is genuinely simple — no real property disputes, no blended family dynamics, no minor children who need guardian designations.

Attorney-drafted wills also come with something online services don't: a licensed professional who can be held accountable for malpractice. That accountability changes the quality of the questions you get asked during drafting.

Missouri follows its own statutory scheme under RSMo Chapter 474, and a few provisions catch people off guard — especially those who moved from other states.

• No holographic will witnesses required: Unlike some states, Missouri accepts a fully handwritten will with just the testator's signature.
• No attestation clause required: Missouri doesn't mandate a formal attestation clause, though including one strengthens the document in probate.
• Self-proving affidavit is optional but valuable: Under RSMo § 474.337, a notarized self-proving affidavit allows the will to be admitted to probate without live witness testimony — a meaningful time and cost saver.
• Omitted spouse protection: A spouse married after the will was executed may claim an intestate share under RSMo § 474.150 unless the will specifically accounts for future spouses.
• Pretermitted child statute: Children born or adopted after the will's execution may be entitled to an intestate share if not mentioned in the will (RSMo § 474.160).
• Missouri does not currently have an estate tax: The federal estate tax exemption (approximately $13.61 million per individual as of 2026) applies, but Missouri repealed its own estate tax in 2005.

The omitted spouse and pretermitted child provisions catch people most often. A will drafted at 35 may become materially incomplete by 45 if life circumstances changed. Wills should be reviewed every 3–5 years or after any major life event.

• No holographic will witnesses required — just the testator's handwriting and signature
• Self-proving affidavit (RSMo § 474.337) streamlines probate significantly
• Omitted spouse may claim intestate share under RSMo § 474.150
• Pretermitted children born after will execution have statutory inheritance rights (RSMo § 474.160)
• Missouri has no state estate tax — federal threshold (~$13.61M) applies
• Missouri recognizes wills validly executed in other states

Before you hire anyone to draft your will, ask this: "What assets in my estate will pass outside this will, and are those beneficiary designations current?"

That question tells you immediately whether the attorney is thinking about your estate as a system or just selling you a document. A will is one instrument in a set of coordinating documents. An attorney who doesn't ask about your retirement accounts, life insurance, jointly titled property, and any existing trusts during intake isn't giving you complete planning — they're giving you a transaction.

Honest answer to expect: "Let me see the full picture before I tell you." Any attorney who answers without asking follow-up questions should raise a flag.

A simple will with a Missouri attorney typically takes 1–3 weeks from initial consultation to signed document. Online services can generate a document in under an hour — but drafting speed and legal adequacy aren't the same thing.

For execution logistics: sign the will in the physical presence of both witnesses simultaneously. All three parties sign at the same sitting. Missouri courts have invalidated wills where witnesses signed on different days even when all other requirements were met. If you're using a notary for a self-proving affidavit, schedule that at the same appointment.

Store the original in a fireproof location — a home safe or a bank safe deposit box — and tell your executor where it is. Missouri probate requires the original will in most circumstances; a photocopy is generally insufficient to open a probate estate. The federal government's estate planning resource also recommends keeping copies with your estate attorney's file as a backup.