Missouri Legal Last Will and Testament Form for Divorced Person Not Remarried with No Children

Missouri's Requirements for a Proper Holographic Will Despite their shortcomings, Missouri accepts holographic wills.The testator must sign the will. The testator's signature must be witnessed by two people who sign in the testator's presence.

A notarized will does not need to be probated.When a person dies leaving behind a will that is not notarized, the law requires that its validity be ascertained by a notary or by a court. Similarly, any non-notarized modification made to a will must be probated, whether the will is notarized or not.

Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by someone else in the testator's name in his presence, by his direction. Witnesses: A Missouri will must be signed by at least two witnesses who should not be beneficiaries, in the presence of the testator.

Although Missouri does not require a will to be notarized, most Missouri practitioners use two witnesses and a notary to make the will self-proving (see Drafting Note, Self-Proving Affidavit).

While some states recognize handwritten wills, also known as holographic wills, Missouri does not recognize holographic wills as valid unless all of the statutory requirements are met, or the will is considered valid in the state where it was prepared and executed.552, 447 (Mo. 1920).

No, in Missouri, you do not need to notarize your will to make it legal. However, Missouri allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make a will self-proved in Missouri, the testator and witnesses must sign a self proving affidavit before a notary public. An affidavit is a sworn statement, and a notary public is an officer of the court. Therefore, an affidavit before a notary public is like making a statement in court.

While some states recognize handwritten wills, also known as holographic wills, Missouri does not recognize holographic wills as valid unless all of the statutory requirements are met, or the will is considered valid in the state where it was prepared and executed.552, 447 (Mo. 1920).