No, a will does not need to be notarized in order to be valid in Missouri. It must be written, signed, and witnessed by two people. A notary is only needed if you want your will to be self-proving, which is optional, but well worth it. Confusing these two rules is one of the most common mistakes we see in estate planning at Mark Harford Law.
What Missouri Actually Requires for a Valid Will
Section 474.320 of the Missouri Revised Statutes outlines the requirements for a valid will. A will must be in writing, signed by the testator or by someone at their direction and in their presence, and attested by two or more witnesses who sign the document in the testator’s presence.
Under Section 474.310, a person making a will must be at least 18 years old (or emancipated) and have sound mind. This is the entire list. A notary is not mentioned anywhere. Witnesses should be adults with no interest in the will and each must actually witness the signing or hear the testator confirm the signature as their own.
So Why Do People Notarize Wills?
Because of the self-proving affidavit, under Section 474.337, the testator and both witnesses can sign a sworn statement before a notary and attach it to the will. A self-proven will goes through probate without anyone having to track down the witnesses years later. The witnesses move, they forget, some die before the testator. The affidavit solves that entire problem for a few extra minutes of signing. Missouri courts also treat a self-proved will as prima facie evidence of proper execution, making it harder to contest a later will.
Electronic Wills Are Now Legal in Missouri
Since August 28, 2025, Missouri has recognized electronic wills under Section 474.542. An electronic will must be readable in text, signed by the testator and witnessed by two people. A self-proving electronic will can even be notarized remotely, although the witnesses must still be physically present with the testator. This new law has strict technical requirements and paper remains safer for most families. Do not attempt an electronic will without guidance.
Common Will Mistakes That Cause Real Problems
Most wills fail due to errors made during the drafting process, not at the signing stage. Here are some common mistakes that can lead to problems in Missouri probate courts:
- Using a beneficiary as a witness: According to Section 474.330 of the Missouri law, a gift made to an attesting witness may be void if there are no other two disinterested witnesses present at the time of signing.
- Handwriting a will without witnesses: Missouri does not recognize handwritten wills that are not witnessed. While handwriting can be used, it must be accompanied by two disinterested witnesses.
- Relying on oral wills: Under Section 474.340, oral wills are only allowed in cases of imminent peril or death, and they can only cover up to $500 worth of personal property. This is rarely useful in practical situations.
- Forgetting to update the will after a divorce: If you forget to update your will after getting divorced, Section 474.420 will automatically revoke any provisions in favor of your former spouse. This can leave gaps in your estate plan that you may not have intended.
- DIY execution errors: A missing or incorrect witness signature can result in your entire estate being distributed according to intestacy laws, as if you had no will at all.
Get the Signing Right the First Time
A will that fails due to technicalities costs your family much more than the will itself would have ever cost. If you are writing a first will, updating it after a divorce, or wondering if older documents still apply under the 2025-2026 changes, contact Mark Harford Law in Chesterfield to review or draft your will and make it self-evident while you’re at it. A brief meeting now saves your family from a dispute later.