If you live in Ozark, Nixa, Springfield, or anywhere else across Christian or Greene County, you've probably told yourself you'll "get a will done eventually." Most people do. Then a birth, a divorce, a new house, or a health scare turns "eventually" into "right now," and they discover Missouri has specific rules about what makes a will valid.

Those rules aren't complicated, but they're strict. Missouri courts don't bend them for good intentions. This guide walks through what state law actually requires, what a will can and can't do, and the mistakes that most often unravel a DIY will in Southwest Missouri probate courts.

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What Missouri Law Requires From a Valid Will

Under the Missouri probate code, anyone can make a will if they're at least 18 years old (or a legally emancipated minor) and of sound mind. Missouri case law defines "sound mind" more precisely than most people expect. The testator must:

1. Understand the ordinary affairs of life

2. Understand the nature and extent of his or her property

3. Know the persons who are the natural objects of his or her bounty (i.e., natural heirs)

4. Understand that, by executing the document, he or she is giving his or her property to the persons named, in the manner specified

From there, Missouri will requirements get formal. The will has to be in writing and signed by the testator, or by someone else signing at the testator's direction and in their presence. It then needs two competent witnesses who sign in the testator's presence. Missouri does not recognize handwritten wills that skip the witness step, even if every word is in the testator's own handwriting, and it doesn't allow oral wills outside a narrow battlefield exception that rarely applies today. Notarization isn't required for the will itself to be valid.

Witnesses matter more than most people realize. A witness who also inherits under the will doesn't automatically invalidate the document, but that witness can forfeit the portion of their gift that exceeds what they'd have received without a will, unless two other disinterested witnesses also signed. For clients in Christian and Greene County, the simplest fix is having two witnesses who receive nothing under the will.

What a Will Can (and Can't) Do for Your Family

A Missouri will lets you name who receives your property, name a guardian for minor children, and name the executor who will carry out your instructions. It can also direct specific gifts using a separate written list for personal property, like heirlooms or a family firearm, as long as the will references that list.

What it can't do is override property that already has a named beneficiary or joint owner. Life insurance proceeds, retirement accounts, payable-on-death bank accounts, and jointly titled real estate pass directly to the named person or surviving owner, regardless of what your will says. This trips up a lot of people in growing communities like Nixa and Republic, where a young family adds a POD designation to a bank account and forgets it now controls that asset instead of the will.

Any property a will doesn't address, or a will that's found invalid, falls under Missouri's intestate succession rules in Chapter 474 of the probate code. Those default rules decide who inherits based on marriage and blood relationships, and they rarely match what someone would have actually chosen.

Choosing an Executor and Making the Will Self-Proving

Your executor manages the probate process: filing the will, paying debts, and distributing property. Pick someone organized and local if possible, since Christian County and Greene County probate matters often involve in-person filings and court dates. Name a backup executor too, in case your first choice can't serve.

Missouri also lets you make a will "self-proving" by having you and your witnesses sign a sworn affidavit before a notary. This doesn't change what the will says, but it means the probate court can accept the will without tracking down witnesses later, which speeds things up considerably for your family.

Common Mistakes That Get Wills Challenged, or Ignored Entirely

The mistakes we see most often in Southwest Missouri involve missing or interested witnesses, wills that were never updated after a divorce or remarriage, and beneficiary designations on accounts that quietly contradict the will. We also see wills that name an executor who has since moved away or passed on, with no backup named.

A will should be revisited after any major life event: marriage, divorce, a new child or grandchild, a move across county lines, or a significant change in what you own. Missouri law automatically revokes provisions for an ex-spouse after divorce in most cases, but that's exactly the kind of assumption you don't want to rely on without confirming it with an attorney.

Frequently Asked Questions

Do I need a lawyer to write a will in Missouri?

No, Missouri doesn't legally require an attorney to draft a will. But because the witness and signature rules are strict and courts won't excuse a mistake, an attorney-drafted will is far less likely to be challenged or thrown out in probate. Bruce Galloway Law can walk Christian and Greene County residents through the process correctly the first time.

Can I write my own will by hand in Missouri?

You can write the text by hand, but a handwritten will still has to meet the same signature and two-witness requirements as a typed will. Missouri does not recognize a purely handwritten, unwitnessed will as valid.

What happens if I die without a will in Missouri?

Your property is distributed under Missouri's intestate succession laws in the probate code, which follow a fixed order based on spouse, children, and other blood relatives. This applies whether you never made a will or your will is found invalid.

How do I make my will self-proving?

You and your witnesses sign a notarized affidavit at the time of, or after, executing the will. This step isn't required to make the will valid, but it saves your family time and hassle in probate court.

How often should I update my Missouri will?

Review it after any major life change, marriage, divorce, a new child, a significant purchase or sale, or moving to a new county, and otherwise check in every few years to make sure it still reflects your wishes.

Protect Your Family's Future With a Missouri Will Done Right

A will is one of the least expensive ways to prevent expensive problems for the people you love. Whether you're in Ozark, Springfield, Nixa, or anywhere else in the Ozarks, Bruce Galloway Law can help you put a legally sound will in place, name the right guardian for your minor children, and make sure your estate plan actually works the way you intend.

Learn more about our attorneys or contact us today to schedule a consultation.