Written by: Marcus Tecarro
At Polaris, we build a will as one part of a complete estate plan, not as a single document to check off a list. Missouri law sets specific requirements for what a will has to include and how it has to be signed for a probate court to accept it, and getting each piece right is exactly where an estate planning attorney’s guidance matters. Here’s how to create a will that actually holds up for your family, and why we don’t recommend handling it alone.
Key takeaways
- A will is one part of a complete estate plan. How it’s built determines whether it actually works for your family when the time comes.
- Missouri requires a will to be signed and witnessed by two competent adults who aren’t beneficiaries, or, since August 28, 2025, completed through a compliant electronic process with a commissioned remote online notary. An attorney makes sure this step is done correctly, since a will that isn’t properly executed won’t hold up in probate court no matter how it was drafted.
- Self-written and online wills are legal options under Missouri law. They also place every decision, who serves as executor, how a blended family is treated, whether a trust makes more sense, on someone without legal training. That’s exactly where our guidance matters most.
- A will alone doesn’t address incapacity and doesn’t avoid probate. We build it alongside powers of attorney and, when it fits the family, a trust.
- We treat every plan as ongoing, not finished at signing. Families we work with come back to us as life changes, not just once.
What actually goes into a will
When we sit down with a family to build a will, the conversation covers more than who gets what. We work through who should serve as executor, since that person carries real responsibility through probate and the right choice isn’t always the oldest child or the closest relative. If there are minor children, we help our client name a guardian, since a will is the only document that can make that decision instead of leaving it to a Missouri court. And we talk through anything that makes the family’s situation specific: a blended family, a business, a beneficiary who shouldn’t receive a lump sum, or property in more than one state. None of these are decisions a form can walk someone through. They’re decisions we make with a family, based on their actual circumstances.
Why execution is where we pay the closest attention
Missouri law is specific about how a will has to be signed, and this is the step we make sure never gets missed. The traditional path requires a signature made in front of two competent adult witnesses, who then sign it themselves, all in the same place at the same time. We also handle the self-proving affidavit at signing, so a family isn’t left tracking down witnesses years later to confirm the signing happened.
Where online and self-written wills run into trouble
Missouri does allow a will that’s handwritten or generated through an online platform, and either can be legally valid if it’s signed and witnessed correctly. In reality, however, this is exactly where things go wrong. A beneficiary gets asked to witness the signing simply because they’re in the room, without anyone realizing that Missouri law can cost that person their own inheritance for doing so. The electronic path gets attempted informally, a video call with family on speakerphone, instead of the specific notarized session the law requires. Or the document never asks about a business, a blended family, or a beneficiary who needs more structure than an even split, because it wasn’t built to ask. None of this shows up as a problem at signing. It shows up later, when a family is relying on a will that doesn’t do what they believed it would. This is exactly what we’re there to prevent when we build the will with you from the start.
A will is one piece of a complete plan
A will only takes effect after death, which means it has no authority over decisions made while you’re alive but unable to act. That’s why we pair every will with durable power of attorney and healthcare directives, so a family isn’t caught without answers during a medical crisis. Depending on what a family owns, we also talk through whether a living trust belongs in the plan. A will is instructions to the probate court, not a way around it, so if a will is the only plan in place, with no other non-probate transfer mechanisms like transfer-on-death designations or beneficiary deeds, probate is guaranteed. A properly funded trust can avoid it. As an estate planning and elder law firm, we also look at long-term care and asset protection planning where it’s relevant, since a plan built only around a will can leave real gaps for a family further down the road.
Why we build every will with an attorney, not a form
A document is not a plan. That’s the difference we bring to this work. We build a will around a family’s actual circumstances, make sure the signing meets every requirement Missouri law sets, and pair it with the other pieces that make the plan complete. We also stay with families after the signing, reviewing the plan as a marriage, a birth, a move, or a change in assets calls for it, so the plan still reflects the family it was built for.
Frequently asked questions
Can I write my own will in Missouri? Missouri law allows it. What we see most often in self-written and online wills is a missed or incorrect witnessing step, no plan for incapacity, and no one available to catch a detail specific to the family, like a blended family or a business interest. Building the will with us means those decisions are made by someone trained to catch what a form can’t.
What happens if my witness is also a beneficiary? Missouri allows it, but that witness can lose their inheritance under the will as a result. It’s a mistake we make sure never happens when we prepare a will with a family.
Do I need a will if I already have a trust? Usually, yes. A pour-over will catches anything that wasn’t moved into the trust and is the only document that can name a guardian for minor children. We build these together as part of one plan, not as separate projects.
Why should I work with an estate planning attorney instead of preparing a will myself? Because the value isn’t in the document. It’s in the expertise behind it, who should serve as executor, how a blended family or business gets handled, whether a trust belongs in the plan, and making sure the signing itself meets every requirement Missouri law sets. That combination is what makes a will something your family can actually rely on.
If you’re ready to build a will that’s part of a complete plan, call Polaris Estate Planning & Elder Law. We’ll sit down with you, build the plan around your family, and make sure it’s done right the first time.
The choice of an attorney is an important decision and should not be based solely upon advertisements.
Ready to secure your family’s future or have a question about getting started? Call Polaris Estate Planning and Elder Law today.
St. Charles Office: (636) 202-1364
St. Louis County: (314) 470-8317
No Family Left Unprepared
