A will in Missouri has to fulfill a few requirements to be considered legally valid:

A fully handwritten, unwitnessed will is called a “holographic will.” In some states, if the testator writes the entire will in their own handwriting, it is considered valid even though it is not witnessed.

Missouri, however, does not recognize holographic wills as valid legal wills. The exception to this would be if you wrote your holographic will in a state where it was valid and then brought it to Missouri.

A will that is fully handwritten in Missouri can be valid if it is witnessed by two disinterested witnesses. But handwriting can be difficult to interpret and can lead to will challenges and delays in the probate process.

You should not rely on a handwritten will in Missouri. To avoid the uncertainty and legal problems that result from a handwritten will, you should sign a printed will in front of two witnesses who will also sign the will. With FindLaw’s easy guided process, you can create a will quickly and without even leaving your home.

An oral will is only valid in Missouri if the testator is at risk of imminent death. Then it is known as a “nuncupative will.” For a nuncupative oral will to be valid, there are several other requirements:

• The testator must state that it is their will in front of at least two disinterested witnesses.
• One of the witnesses must put the will into writing within 30 days of hearing it.
• The will must go to probate within six months of the testator’s death.
• The will can only distribute personal property, not real estate. The nuncupative will can only be used to distribute estate assets worth $500 or less.
• A nuncupative will is only valid if the testator died from the risk that caused them to make the oral will.
• A nuncupative will cannot revoke or modify a written will. However, you can revoke a nuncupative will with another nuncupative will.

Due to the restrictive rules on nuncupative wills, they should only be used as a last resort.

Under Missouri law, if you disinherit your spouse or leave them a nominal gift, they can claim an elective share of your estate. Your spouse has the right to claim half of the estate if you have no descendants (children or grandchildren). If you have descendants, then your spouse has the right to claim a third of your estate.

Divorce also impacts your will’s designations. If you get divorced after you created your will, Missouri law voids any gifts you left to your former spouse in your will.

It’s a good idea to review and revise your will if you go through significant life events like marriage or divorce. If you do not revise your will after major life changes, a probate court may distribute your assets in ways that do not match your preferences. When you create your will through FindLaw, you can make unlimited changes to it for a year after purchase.

No, your Missouri will does not have to be notarized to be legally valid. However, if you would like to have a self-proving will, you will need a notary public’s services.

When a will is self-proving, it means that a probate court can automatically accept the will as authentic. It does not have to call your witnesses to testify that it is your legal will.

To get a self-proving will, you and your witnesses need to swear to an affidavit in front of a notary public. Missouri statutes provide a sample of a blank self-proving affidavit that you should bring to your notary. Having a self-proving will is a good idea because it relieves your witnesses from having to testify to the authenticity of your will. Further, it can save on legal fees and hassles for your loved ones.

To change your will, you can either create a new will or write an amendment (known as a “codicil“). If you are making simple changes to your will, a codicil will be sufficient. You should sign a codicil in front of two competent witnesses, just as you did with your initial will.

If you would like to make major changes, or if a significant life event has occurred since you made your will, you should create a new will. Significant life situations may include divorce, birth of a child, or sale of a business. With FindLaw, you can make unlimited changes to your will for a full year after purchase.

If you would like to completely revoke a Missouri will, you can do so by tearing it up, burning it, or otherwise physically destroying it with the intention to revoke. You can also revoke your will by creating a new will that revokes all prior wills. If you create a new will, you should let your loved ones know and you make sure to give a copy to your executor.