Wills and estate planning in Missouri

Researched 2026-10-20 · confidence: high · 2026 figures

In plain words: in Missouri a will is valid when it's signed in front of 2 adult witnesses. There is no state estate tax. The federal estate tax exemption is $15,000,000 a person in 2026.

Witnesses to a will	2 (a third is a common precaution here)
Handwritten (holographic) will	Not recognised
Self-proving affidavit	Available
Electronic wills	Not allowed
Power of attorney	Notary
Health care directive	2 witnesses
State estate tax	No
State inheritance tax	No
Community property	No
Age of majority / UTMA age	18 / 21

Signing a will

Statute: RSMo §474.320.

The will is not invalidated, but an interested witness forfeits any gift exceeding what he would take by intestacy unless the will is also attested by two disinterested witnesses (RSMo §474.330).

Two or more competent witnesses subscribing in the testator's presence (§474.320). No holographic wills. No electronic-wills provision in §474.320. Being named executor or a creditor does not make a witness 'interested' (§474.330.3). Research caveats: UTMA: Missouri Transfers to Minors Law (RSMo §404.005 et seq.) - custodianship to 21, from established knowledge, not re-read. Self-proving §474.337 not re-read.

Power of attorney

Statute: RSMo §§404.700 to 404.737 (Durable Power of Attorney Law of Missouri).

Durable POA must be in writing, titled 'Durable Power of Attorney', contain durability language, and be subscribed, dated and acknowledged in the manner prescribed for real-estate conveyances, i.e., before a notary (§404.705). Express enumeration required (§404.710.6) to: create/amend/revoke trusts, fund trusts, make or revoke gifts, disclaim, create or change survivorship interests, designate or change beneficiaries, make anatomical gifts, nominate guardian/conservator, consent to health care, appoint successor agents, exercise powers of appointment. A POA can never authorize making/revoking a will or living will (§404.710.7). No statutory form.

Health care directive

Called: Health care directive (durable power of attorney for health care and/or living will declaration).

Statute: RSMo §§459.010 to 459.055 (living will declaration); RSMo §§404.800 to 404.872 (Durable Power of Attorney for Health Care Act).

For a living-will declaration not wholly in the declarant's handwriting, two witnesses at least 18 who are not the person who signed on the declarant's behalf (RSMo §459.015).

Two separate tracks: (1) living-will declaration needs 2 adult witnesses unless entirely handwritten (§459.015); (2) durable power of attorney for health care is a durable POA and therefore must be acknowledged before a NOTARY under §404.705 (no witnesses required by statute). Practice: combine both in one document and use 2 witnesses AND a notary. No state-issued official form (Missouri Bar publishes a commonly used form).

If there's no will: what a spouse gets

When all surviving issue are also the spouse's, the spouse takes the first $20,000 plus one-half of the balance; the issue take the rest (RSMo §474.010(1)(b)).

A spouse's right to a share

Surviving spouse may elect one-half of the estate if there are no lineal descendants, or one-third if there are, subject to claims (RSMo §474.160).

Estate and inheritance tax

No state estate tax.

No inheritance tax.

Probate

Probate is moderately heavy (court-supervised by default, independent administration available); a small-estate affidavit is available when the estate, less liens/debts, does not exceed $40,000 (RSMo §473.097).

Money God drafts a Missouri will, power of attorney and health care directive from a short interview, then you send it to your attorney for review before signing.

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Sources

Researched from state statutes and official forms. Laws change; this page is information, not legal advice. Every Money God draft is reviewed by a licensed attorney in your state before you sign it.