Does everyone need a will? Most people know they should probably have one — but many assume it is something they can deal with later, or that their situation is too simple to require one. The truth is that a will is one of the most important legal documents any adult can have, regardless of age or the size of their estate.
So does everyone in Missouri need a will? The short answer is yes. Here is why, and what happens if you die without one.
What Is a Will and What Does It Do?
A last will and testament is a legal document that expresses your wishes about how your property should be distributed after you die. Beyond assets, a will can also:
- Name a guardian for minor children
- Designate an executor (called a “personal representative” in Missouri) to manage your estate
- Specify funeral or burial preferences
- Set conditions on how and when beneficiaries receive their inheritance
A will gives you control over decisions that will directly affect the people you care about most. Without one, those decisions are made for you by Missouri law.
What Happens If You Die Without a Will in Missouri?
Dying without a will is called dying intestate. When that happens, Missouri’s intestate succession laws — found in Chapter 474 of the Missouri Revised Statutes — determine who inherits your estate.
Missouri’s intestate rules follow a set order of priority:
- Spouse and children: If you are married with children, your spouse receives the first $20,000 of your estate plus half of the remaining balance. Your children split the rest.
- Spouse only (no children): Your spouse inherits everything.
- Children only (no spouse): Your children inherit everything in equal shares.
- No spouse or children: Your estate passes to your parents, then siblings, then more distant relatives.
- No living relatives: Your estate escheats, meaning it passes to the State of Missouri.
These rules apply regardless of your personal wishes. If you wanted a close friend, a stepchild who was not formally adopted, or a charitable organization to receive something from your estate, they will receive nothing under intestate law.
Common Misconceptions About Who Needs a Will
“I don’t have enough assets to need a will.”
Even modest estates can raise real complications without a will. Who gets your car? Your personal belongings? Your bank account? A will removes the guesswork and prevents family conflict.
“My spouse will automatically get everything.”
Not necessarily. As noted above, Missouri law splits your estate between your spouse and children if you have both. If your family situation is anything other than a simple married couple with no children from prior relationships, the outcome under intestate law may surprise you.
“I’m too young to need a will.”
Age has nothing to do with it. Unexpected illness and accidents do not discriminate. If you have a child, own any property, or care about where your assets go, you need a will.
“I already named beneficiaries on my accounts.”
Beneficiary designations on retirement accounts and life insurance policies are important — but they do not replace a will. Your will governs assets that do not have a named beneficiary or that fall outside of those accounts. Without a will, those remaining assets are subject to intestate law.
What a Will Cannot Do
It is equally important to understand what a will cannot accomplish:
- A will does not avoid probate. Assets that pass through a will still go through the Missouri probate process. If avoiding probate is a goal, additional planning tools — such as a revocable living trust or beneficiary designations — may be appropriate. You can read more about those options in our guide on how to avoid probate in Missouri.
- A will does not control assets held in a trust. Trust assets are governed by the trust document, not your will.
- A will does not automatically address digital assets. Without specific language, access to digital accounts and online assets can become a complicated issue for your loved ones.
- A will does not substitute for a power of attorney. A will only takes effect after death. If you become incapacitated while alive, you need a separate document — a power of attorney — to authorize someone to manage your affairs.
What Makes a Will Valid in Missouri?
Missouri law sets specific requirements for a will to be legally valid. Under RSMo § 474.320, a will must generally:
- Be in writing
- Be signed by the person making the will (the “testator”)
- Be witnessed by at least two competent witnesses who sign the will in the testator’s presence
Missouri does recognize handwritten (holographic) wills in limited circumstances, but these carry greater risk of being contested or invalidated. A formally executed will prepared with the guidance of an attorney is far more reliable.
When Should You Update Your Will?
A will is not a one-time document. It should be reviewed and potentially updated whenever you experience a significant life change, including:
- Marriage or divorce
- The birth or adoption of a child
- The death of a named beneficiary or executor
- A significant change in your assets
- Moving to a new state
Missouri law does automatically revoke certain provisions; for example, divorce generally revokes gifts to an ex-spouse, but it is far better to update your will proactively than to rely on statutory default rules.
Does Everyone Need a Will? The Cost of Not Having a Will
Dying without a will creates real consequences for the people you leave behind:
- Your estate may be distributed in ways you never intended. Missouri’s intestate laws are formulaic — they cannot account for the nuances of your relationships or your wishes.
- Guardianship of minor children is left to the court. If you have minor children and no will naming a guardian, a Missouri probate court decides who raises them.
- Family conflict becomes more likely. Clear written instructions reduce the potential for disputes among heirs.
- The probate process takes longer. Without a named personal representative, the court must appoint one — adding time, cost, and uncertainty.
Work with a St. Louis Estate Planning Attorney
Creating a will is one of the most straightforward steps you can take to protect your family. It does not have to be complicated, and it does not require a large estate to make it worthwhile.
The estate planning attorneys at Rogers Sevastianos & Bante LLP work with individuals and families throughout St. Louis and the surrounding Missouri region to create estate plans tailored to their unique circumstances. Whether you need a basic will or a comprehensive plan that includes trusts, powers of attorney, and advance directives, our team can help you put the right documents in place.
Do not leave these decisions to chance — or to Missouri’s default rules. Contact our office today to schedule a free consultation.
Frequently Asked Questions
Does Missouri require a will to be notarized?
Notarization is not required for a will to be valid in Missouri, but having a will notarized — specifically through a “self-proving affidavit” — can simplify the probate process by eliminating the need for witnesses to testify to its validity in court.
Can I write my own will in Missouri without an attorney?
Missouri law does not require an attorney to draft a will, but errors in wording, execution, or witnessing can invalidate a will or create unintended results. An attorney helps ensure your document is legally sound and accurately reflects your wishes.
What happens to my minor children if I die without a will in Missouri?
If both parents are deceased and no guardian has been named in a will, a Missouri probate court will appoint a guardian. While courts consider the best interests of the child, this process can be costly and time-consuming — and the outcome may not reflect what you would have chosen.
Does having a will mean my estate avoids probate?
No. Assets that pass through your will are still subject to Missouri’s probate process. If avoiding probate is a priority, additional planning tools such as a living trust may be appropriate. Speak with an estate planning attorney about the right combination of documents for your situation.
Contact RSB Law for a Free Consultation
If you are ready to create or update your will, or if you want to understand your full range of estate planning options, Rogers Sevastianos & Bante LLP is here to help.
Disclaimer: The information in this blog is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should consult an attorney for personalized guidance on your specific circumstances.