How to Make a Will in Missouri: St. Louis Legal Guide
Key Takeaways
- Missouri requires a will to be written, signed by the testator, and witnessed by two people.
- A valid testator must be at least eighteen years old and of sound mind under Missouri law.
- Missouri does not recognize unwitnessed handwritten wills, even when the document is signed by the person who wrote it.
- Oral wills are valid only in extreme circumstances and cannot transfer more than $500 in personal property.
- Dying without a will in Missouri lets state law decide how assets pass to family members.
How to make a will in Missouri comes down to following state statutes closely, so the document holds up when it matters most. An experienced St. Louis Wills Lawyer, Missouri, at TdD Attorneys at Law helps St. Louis families build wills that hold up in probate court, the process that validates a will after death.
Under Missouri law, a valid will must be in writing, signed by a testator who is at least eighteen years old and of sound mind, and signed by two competent witnesses who observe the testator’s signature and then sign in the testator’s presence.
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How to Make a Will in Missouri: Key Legal Requirements
Under RSMo Section 474.310, any person of sound mind who is eighteen years of age or older, or a minor emancipated by court order, marriage, or entry into active military duty, may make a will in Missouri. RSMo Section 474.320 sets the signing rules: the document must be signed by the testator, the person making the will, or by someone else acting at the testator’s direction and in the testator’s presence, and witnessed by two or more competent people who sign their names to the will in that same presence. Getting these rules right is how to make a will that holds up in Missouri probate court.
A will also lets the testator name a personal representative, or executor, and designate beneficiaries for real and personal property to reduce disputes. Missouri’s independent administration option limits routine trips to probate court.
The Hidden Risks of DIY, Handwritten, and Oral Wills
Missouri does not recognize a holographic will, an unwitnessed handwritten document. A handwritten will is valid only if it meets the same signature and witness requirements as a typed will, or it will not hold up in probate court.
Oral wills carry even tighter limits. Under RSMo Section 474.340, a nuncupative will, the legal term for an oral will, is valid only if the testator faced imminent peril of death and actually died as a result of that peril. The testator must declare the will before two disinterested witnesses, meaning people with no stake in the will, and one of those witnesses then has thirty days to put it in writing and six months to reach probate. Even then, it may dispose of personal property only, capped at $500 in value, and it neither revokes nor changes an existing written will. Generic online templates create similar exposure, since national forms often miss Missouri’s requirements.
¨With a background in business and real estate, I have a strong passion for guiding others through these complex areas of law. I became an attorney to have a positive impact on others. I strive to do everything I can to help my clients find a solution for their unique legal challenges.¨
Ted Disabato
Missouri Intestate Succession: What Happens Without a Will?
When someone dies without a valid will, Missouri law refers to the estate as intestate, and the default rules under RSMo Section 474.010 decide who inherits rather than the family. A surviving spouse receives the entire estate only if the decedent left no surviving children. When all of the decedent’s surviving children are also children of the surviving spouse, the spouse receives the first $20,000 in value plus half of the remaining estate, with the children dividing the rest. That share shrinks to half of the estate, rather than the $20,000-plus-half formula, whenever a surviving child is not also a child of the surviving spouse.
Without a surviving spouse or children, the estate passes to the decedent’s parents and siblings, or their descendants, in equal shares. If none of those relatives survive either, it passes next to grandparents, aunts, and uncles, then to more distant relatives. However, very distant relatives beyond the ninth degree of kinship cannot inherit. When no eligible heirs exist, the property escheats to the state under RSMo Section 470.010, with a portion directed to Missouri’s public schools under RSMo Section 470.020.
Why Choose TdD Attorneys at Law for Your Estate Plan
Our attorneys have guided St. Louis families through estate planning for decades. We coordinate wills, trusts, powers of attorney, and probate avoidance strategies under Missouri law. That gives clients peace of mind a downloaded template cannot offer.
Schedule Your Consultation with Our St. Louis Estate Planning Lawyers
A properly signed will protects your wishes and spares your family the uncertainty of Missouri’s intestate succession rules. TdD Attorneys at Law helps St. Louis clients learn how to make a will that holds up the first time. Call (314) 276-1318 today to schedule a Free Consultation with our estate planning lawyers.
Ted Disabato
Ted D. Disabato is the Managing Member of TdD Attorneys at Law, Broker/Realtor of TdD Premier Real Estate and The Realty Shop, and partner in VUE Title LLC and VUE Mortgage LLC – providing his clients cradle to grave service. If you’re looking for an experienced St. Louis estate planning lawyer, make sure to contact Ted Disabato today.