Key benefits of having a will include:
- Clear instructions for heirs and beneficiaries, reducing ambiguity and potential disputes
- Guidance for executors and personal representatives who manage estate matters after death
- Nomination of a guardian for minor children, the primary legal document for that purpose
- Alignment with broader estate planning strategies, including trusts and succession plans
How We Draft Wills for St. Louis Families
The process starts with a full picture of your assets, family situation, and goals. We guide you through each decision rather than handing you a form to fill out.
We help you work through:
- Listing assets, including real property, investment accounts, and personal belongings
- Naming beneficiaries for each asset category
- Selecting an executor who can manage estate responsibilities with care and impartiality
- Including provisions for minor children or dependents, including guardian nominations
- Addressing charitable gifts, business interests, and other specific intentions
We also help determine which type of will fits your plan. A simple will controls the full distribution of assets when no trust is involved. A pour-over will works alongside a trust, directing any assets not already moved into the trust to transfer into it at your death. The presence or absence of a trust determines which approach is right for your situation.
Wills vs. Trusts: Choosing the Right Tools
Both wills and trusts serve estate planning purposes, but they operate differently. A will takes effect after death and typically requires probate, a court-supervised process that is public record. A trust can manage assets during your lifetime, help bypass probate, and provide additional flexibility and protection for heirs.
We guide families in selecting the right combination of these tools. Coordinating a will with a trust helps avoid gaps in asset coverage and reduces the risk of unintended probate exposure. Many clients need both; some need only a well-drafted will. We help you understand which approach fits your circumstances.
The Role of Missouri Probate Court
A common misconception is that having a will means avoiding probate. It doesn’t. A will functions as instructions to the Missouri probate court, which validates the document, resolves any disputes, and supervises asset distribution. Probate fees in Missouri are set by statute and calculated based on the size of the estate, and all proceedings are public record.
Our attorneys guide families through Missouri probate court requirements and timelines so the process can move as efficiently as possible. When probate avoidance is a priority, we discuss whether a trust structure makes sense alongside the will.
Consequences of Dying Without a Will in Missouri
When someone dies intestate, Missouri’s succession statutes control everything. The statutory formula prioritizes spouses and children, but it doesn’t account for blended families, unmarried partners, or specific family wishes. Intestate probate proceedings typically take longer and carry higher legal costs than cases where a clear will exists. If no qualifying relatives are found, assets escheat to the state.
Missouri’s Legal Requirements for a Valid Will
Under RSMo 474.320, a valid Missouri will must be in writing, signed by the testator (or by another person at the testator’s direction and in their presence), and witnessed by two or more competent witnesses in the testator’s presence. The testator must be at least 18 years old and of sound mind, a standard known as testamentary capacity.
Missouri doesn’t recognize holographic wills. A handwritten document that isn’t witnessed doesn’t meet the state’s formal execution requirements. Notarization isn’t required, but attaching a self-proving affidavit (signed by the testator and witnesses before a notary) eliminates the need to locate witnesses during probate. As of August 28, 2025, Missouri law also permits electronic wills under the Missouri Electronic Wills and Electronic Estate Planning Documents Act, expanding how valid wills can be executed.
We verify that every will we prepare meets Missouri’s formal execution requirements before it’s signed.
Keeping Your Will Current After Life Changes
A will drafted five years ago may not reflect your life today. Marriage or divorce, the birth or adoption of a child, significant changes in assets or property ownership, and relocation to another state all warrant a review. Failing to update a will after major life changes can leave assets to unintended beneficiaries or overlook people who should be included.
Our bi-annual check-ins are built into the firm’s service model to help address that. We review your plan regularly and provide updates at no additional charge when life changes require them. Because we offer virtual appointments, scheduling a review never requires a trip to our office.
Can a Will Be Contested in Missouri?
Yes, but only on specific legal grounds. Simply disagreeing with how assets are distributed isn’t sufficient to overturn a will in Missouri.
Valid grounds for contesting a will include:
- Lack of testamentary capacity. Proving the testator didn’t understand the value of their assets or who their beneficiaries were at the time of signing.
- Undue influence. Evidence that a caretaker, friend, or relative coerced or manipulated the person into changing their will.
- Improper execution. Showing the will wasn’t signed or witnessed according to Missouri law.
- Fraud or forgery. Proving the signature is fake or the testator was deceived into signing the document.
How Proper Drafting Reduces Contest Risk
A professionally drafted will can reduce the risk of a challenge. We verify testamentary capacity at signing, ensure qualified witnesses are present, and document the execution process carefully. These steps address the procedural vulnerabilities that can make a contest easier to pursue.
Tax Considerations in Estate Planning
Missouri doesn’t impose a state estate tax, which simplifies planning for many families. Estates above the federal exemption threshold may still face federal estate tax implications, however, regardless of Missouri’s state-level rules. We advise on multi-state tax considerations and how different distribution strategies can help preserve asset value for your heirs.
Frequently Asked Questions
Who should I name as beneficiaries?
Beneficiaries can include family members, dependents, and charitable organizations. The more specific you are about which assets each person or entity receives, the clearer the instructions for your executor and the less room for dispute.
How often should I review my will?
We recommend reviewing your will every 3 to 5 years, or immediately after any major life event such as marriage, divorce, a new child, or a significant change in assets. Our bi-annual check-ins are designed to help catch these moments before they become problems.
Can a will name a guardian for my minor children?
Yes. A will is the primary legal document through which parents nominate a guardian to care for minor children if something happens to them. Without that nomination, a Missouri court makes the determination without your input.
What if I move to another state after drafting my will?
Our multi-state licensing allows us to advise on how your Missouri will integrates with other states’ laws, so your plan can remain sound if you relocate. This is one of the more common issues that surfaces during our bi-annual check-ins.
Do I need a will lawyer in Missouri, or can I use a DIY tool?
Missouri doesn’t require an attorney, and the state doesn’t offer a statutory will template. DIY tools exist, but a Missouri will must satisfy specific execution requirements under RSMo 474.320 to be enforceable. A will attorney can help ensure those formalities are met and that the document addresses your actual circumstances, not just a generic checklist.
Schedule a Free Consultation with a Will Attorney in St. Louis
Drafting a will is one of the most direct ways to protect your family and help ensure your wishes are honored. Whether you’re creating your first will or updating a plan that no longer fits your life, Gilkerson Bowman offers more than 70 years of combined experience and an ongoing relationship model that helps keep your plan current over time.
Call (314) 866-7781 or contact us online to schedule a free consultation.
