✓ Verified September 2026
To contest a will in Missouri, you file in the probate court within a fixed window and prove one of a short list of legal grounds. This guide gives the Missouri answer in plain English, and it starts with the deadline, because that is the fact that ends more cases than any other. All facts are from Missouri law, verified as of September 2026.
In This Missouri Guide:
Contest a Will in Missouri: At a Glance
Here are the Missouri facts that decide whether you can contest a will in Missouri:
| Deadline to contest | 6 months (petition must be filed within 6 months after the date the will is admitted to probate or rejected by the probate division of the circuit court, OR within 6 months after the first publication of notice of granting of letters on the decedent’s estate, whichever is LATER) — Mo. Rev. Stat. § 473.083.1. Separate hard sub-deadline: the contestant must obtain service of process on all defendants within 90 days after the petition is filed, or the court dismisses the action with prejudice unless the contestant shows good cause for the failure — § 473.083.6 |
| What starts the clock | The later of two triggers: (1) the date the probate division admits the will to probate or rejects it, or (2) the date of the first publication of notice of granting of letters testamentary or of administration on the decedent’s estate. Death alone does not start the clock, and if no will is ever presented and no letters are granted, the 6-month period is not triggered |
| Who can contest | “Any person interested in the probate of a will.” § 473.083.1 defines that class specifically: an heir of the decedent; a devisee under the contested will; a devisee, trustee, or trust beneficiary under another purported will of the same decedent (including a prior or later will); and any person who acquired all or part of the interest of such an heir or devisee — before or after the testator’s death — by purchase, gift, devise, intestate succession, mortgage, or lien. General creditors of the estate do NOT have standing to contest a will in Missouri; a creditor is an “interested person” for other probate purposes under § 473.020 but not for a § 473.083 will contest. A person who accepts a benefit under the will may be estopped from contesting it |
| No-contest clause | YES — ENFORCED, and Missouri has NO statutory good-faith or probable-cause exception. Mo. Rev. Stat. § 474.395 provides that no-contest clauses in wills “shall be enforceable” so long as the clause does not conflict with applicable law or public policy, with enforceability determined by the court case by case. Missouri instead provides a SAFE HARBOR: under § 474.395.3 an interested person may file a petition asking the court to determine in advance whether a particular motion, petition, action, or other claim for relief would trigger the no-contest clause or an enforceable forfeiture — and filing that safe-harbor petition itself does not trigger forfeiture. The parallel trust provision is § 456.4-420. Because Missouri lacks the probable-cause exception that many states have, a beneficiary who loses a contest can forfeit the entire bequest — you may want to use the safe-harbor petition before filing anything, and check with a licensed Missouri attorney |
| What the filing is called | “Petition to contest the validity of a probated will” (commonly called a will contest petition), filed with the CLERK OF THE CIRCUIT COURT of the county where the estate is being administered — § 473.083.1. Note the unusual routing: the petition is filed with the circuit clerk, not with the probate division, and the case is then heard on the circuit court’s civil docket even though the underlying estate remains in the probate division. The same petition form is used to ask that a rejected will be admitted. Under § 473.083.4 the petitioner must join as parties all devisees under the will, all persons who would be entitled to the estate as heirs, and the personal representative |
| Court | The Circuit Court of the county where the estate is pending. In Missouri the probate court is the Probate Division of the Circuit Court (§ 478.070 vests probate jurisdiction in the circuit courts), and it handles admission of the will and the administration; the will contest itself proceeds in the circuit court as a civil action under § 473.083. The personal representative continues administering the estate during the contest under § 473.087, but distribution is generally held up until the contest resolves |
| Jury trial | YES. Mo. Rev. Stat. § 473.083.7 provides that in a will contest “the issues shall be tried by a jury, or if no party requires a jury, by the court,” and the verdict or the court’s finding and judgment determines the issues, subject to the trial court’s power to grant a new trial and the parties’ right of appeal as in other civil cases. This is a genuine jury right on the ultimate question of devisavit vel non — whether the document is the valid last will of the testator |
| Typical cost | 10000 to 20000 for a contested estate matter that is litigated, and higher for cases that go through full discovery and a jury trial; Missouri probate attorney hourly rates generally run 250 to 500 per hour, with contested-hearing work commonly billed at 200 to 400 per hour. Overall Missouri probate costs range from roughly 3500 on a simple uncontested estate to 45000 or more on a large or heavily contested one. Under the American Rule followed in Missouri, each party ordinarily pays its own attorney fees regardless of who wins, unless a statute or contract provides otherwise. These are general market figures, not a quote — actual cost depends on the estate and the county |
The Deadline to Contest a Will in Missouri
The window is short in some states and long in others, and it is measured from a specific event rather than from the day you learned about the will. That is why the first thing to find out is the date the will was admitted and whether you received formal notice. If the deadline has not run, everything else on this page is available to you.
If it has, the remaining options are narrow and usually involve proving you never got the notice the law required.
Grounds to Contest a Will in Missouri
Lack of testamentary capacity (decedent not of “sound and disposing mind and memory” — unable to understand the ordinary affairs of life, the extent of the property, the natural objects of the decedent’s bounty, and to intelligently weigh natural obligations to those persons); undue influence (force, coercion, or over-persuasion sufficient to destroy the free agency of the testator); fraud; duress;
improper execution / failure to meet the formalities of § 474.320 (writing, signed by the testator, attested by two or more competent witnesses who sign in the testator’s presence); forgery; revocation by a later will or codicil, or by burning, cancelling, tearing or obliterating under § 474.400; and lack of the minimum age or capacity under § 474.310.
Missouri also allows a petition to probate a will that the probate division previously rejected, using the same § 473.083 procedure
Who has to prove what: Shifting burden, preponderance of the evidence standard. The PROPONENT of the will carries the initial burden of making a prima facie case of validity — producing the will and proving due execution and the testator’s testamentary capacity.
Once that prima facie case is made, the burden shifts to the CONTESTANT to prove the invalidating ground (lack of capacity, undue influence, fraud, duress, forgery, or revocation) by a preponderance of the evidence.
PRESUMPTION OF UNDUE INFLUENCE: Missouri raises a rebuttable presumption of undue influence — sufficient to get the contestant to the jury — on proof of all three elements: (1) a confidential or fiduciary relationship existed between the testator and the beneficiary, (2) the beneficiary received a substantial benefit under the will, and (3) the beneficiary was active in procuring the execution of the will.
A self-proved will under §§ 473.065 and 474.337 is admitted to probate without testimony from the subscribing witnesses, but self-proving status establishes only proper execution — it does not immunize the will from a capacity, undue influence, or fraud contest
Who Can Contest a Will in Missouri
“Any person interested in the probate of a will.” § 473.083.1 defines that class specifically: an heir of the decedent; a devisee under the contested will; a devisee, trustee, or trust beneficiary under another purported will of the same decedent (including a prior or later will);
and any person who acquired all or part of the interest of such an heir or devisee — before or after the testator’s death — by purchase, gift, devise, intestate succession, mortgage, or lien.
General creditors of the estate do NOT have standing to contest a will in Missouri; a creditor is an “interested person” for other probate purposes under § 473.020 but not for a § 473.083 will contest. A person who accepts a benefit under the will may be estopped from contesting it Being unhappy with the will is not standing; losing something because of it is.
Check the earlier will and the intestate rules for Missouri before filing, because they decide whether you are an interested person.
No-Contest Clauses in Missouri
YES — ENFORCED, and Missouri has NO statutory good-faith or probable-cause exception. Mo. Rev. Stat. § 474.395 provides that no-contest clauses in wills “shall be enforceable” so long as the clause does not conflict with applicable law or public policy, with enforceability determined by the court case by case.
Missouri instead provides a SAFE HARBOR: under § 474.395.3 an interested person may file a petition asking the court to determine in advance whether a particular motion, petition, action, or other claim for relief would trigger the no-contest clause or an enforceable forfeiture — and filing that safe-harbor petition itself does not trigger forfeiture. The parallel trust provision is § 456.4-420.
Because Missouri lacks the probable-cause exception that many states have, a beneficiary who loses a contest can forfeit the entire bequest — you may want to use the safe-harbor petition before filing anything, and check with a licensed Missouri attorney
The Steps to Contest a Will in Missouri
Step one is the deadline check above. Step two is evidence: the medical records around the signing date, the names of the witnesses, the drafting lawyer’s file, and the financial records that show who benefited.
Step three is the filing — “Petition to contest the validity of a probated will” (commonly called a will contest petition), filed with the CLERK OF THE CIRCUIT COURT of the county where the estate is being administered — § 473.083.1.
Note the unusual routing: the petition is filed with the circuit clerk, not with the probate division, and the case is then heard on the circuit court’s civil docket even though the underlying estate remains in the probate division. The same petition form is used to ask that a rejected will be admitted.
Under § 473.083.4 the petitioner must join as parties all devisees under the will, all persons who would be entitled to the estate as heirs, and the personal representative. Step four is discovery and, in most cases, a settlement conference; the small minority that reach trial are decided by a jury if requested.
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Settling Instead of Fighting
YES. Missouri expressly authorizes compromise of will contests and probate controversies. Mo. Rev.
Stat. § 473.084 permits a compromise of any controversy as to the admission of a will to probate or the construction, validity, or effect of a will, and § 473.085 sets out the court-approval procedure — the circuit court must find the contest or controversy is in good faith and that the settlement is just and reasonable as to all interested persons, including minors, unborn, and unascertained parties,
after which the approved agreement binds everyone and the estate is distributed accordingly.
Separately, § 473.083.6 allows a will contest to be voluntarily dismissed with prejudice after the contest period has expired, by consent of all non-defaulting parties, at any time before final judgment; such a dismissal is NOT treated as a compromise requiring § 473.084/473.085 court approval even if the parties exchanged consideration for it.
Family settlement agreements are recognized and favored, and mediation is available through the circuit courts under Missouri Supreme Court Rule 17
Other Missouri rules: (1) NO ante-mortem / pre-death will validation — Missouri has no statute permitting a living testator to have a will judicially declared valid before death, so contests can only be brought after death. (2) FILED WITH THE CIRCUIT CLERK, NOT THE PROBATE DIVISION — a distinctive Missouri procedural trap; a petition mis-filed can jeopardize the 6-month deadline.
(3) THE 90-DAY SERVICE RULE — § 473.083.6 requires service on all defendants within 90 days of filing or the case is dismissed with prejudice absent good cause; this rule has ended otherwise-timely Missouri will contests. (4) MANDATORY JOINDER — § 473.083.4 requires joining all devisees, all heirs, and the personal representative.
(5) NO PROBABLE-CAUSE EXCEPTION to no-contest clauses, offset by the § 474.395.3 safe-harbor declaratory petition — an unusual combination. (6) SELF-PROVED WILL under §§ 473.065 / 474.337 is probated without witness testimony. (7) The 6-month clock runs from the LATER of admission/rejection or first publication of notice of letters, which can extend the window compared with states keyed only to the admission date.
(8) § 473.087 makes the will contest the exclusive method of challenging a probated will; it cannot be attacked collaterally. (9) Under § 473.360 most creditor claims are barred 6 months after first publication, a separate deadline that often runs alongside the contest period.
(10) Non-probate transfers (beneficiary deeds under § 461.025, POD/TOD accounts, and revocable trusts) are NOT reached by a § 473.083 will contest and require a separate action, typically under the Missouri Uniform Trust Code, Chapter 456.
Many families can resolve these matters by agreement under §§ 473.084–473.085 rather than trial; deadlines here are strict and unforgiving, so check with the probate division of your Missouri circuit court or a licensed Missouri attorney promptly.
The Evidence That Wins or Loses a Will Contest
Capacity cases turn on the weeks around the signing: the medical chart, prescriptions, a dementia diagnosis, and what the drafting lawyer and the witnesses saw that day. A will signed in a lawyer’s office with two disinterested witnesses and a self-proving affidavit is hard to attack; a will signed at a kitchen table with the main beneficiary present is not.
Undue influence cases turn on the relationship — who drove the parent to the appointment, who chose the lawyer, who was in the room, and whether the new will departed sharply from earlier ones and from what the parent said to other people.
Improper execution is the narrowest ground and the cleanest: Missouri sets exact witness and signature rules, and a will that misses them fails regardless of what the signer intended. Before you contest a will in Missouri, gather the prior wills, the medical releases, and the names of everyone at the signing.
Most of that evidence has to be requested formally once the case is filed, and the deadline does not wait for it.
What to Expect When You Contest a Will in Missouri
A will contest is a lawsuit about the document, not about fairness. When you contest a will in Missouri, the court asks whether the person who signed it had capacity, signed it freely, and signed it correctly. It does not ask whether the split was reasonable. That is why the strongest cases rest on medical records and witness accounts from the weeks around the signing.
Most families who contest a will in Missouri settle. Courts encourage it, many states have family settlement rules that let the heirs agree to a different division, and a settlement avoids the cost and delay of trial. The deadline, the grounds, and the no-contest clause above are the three facts that set your bargaining position before any of that begins.
You don’t have to do this alone
If you are settling a loved one’s estate in Missouri, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
Key Takeaways: Contest a Will in Missouri
- The deadline is everything: the window to contest a will in Missouri closes on a fixed schedule, and the court cannot reopen it for a late but valid claim.
- Grounds are specific: you contest a will in Missouri on capacity, undue influence, fraud, duress, or bad execution, never on unfairness alone.
- Standing first: only an interested person can contest a will in Missouri; check whether you inherit under the prior will or the intestate rules.
- Read the no-contest clause: whether the state enforces it decides how much risk it takes to contest a will in Missouri.
- Evidence is medical and financial: records, witnesses to the signing, and the drafting lawyer’s file decide most cases when you contest a will in Missouri.
- Settlement is common: most families who contest a will in Missouri settle before trial, often through the state’s family settlement rules.
- Find the admission date: the day the will was admitted is the day the clock to contest a will in Missouri usually starts.
- Prior wills matter twice: they give you standing to contest a will in Missouri and show how far the last will departed from the pattern.
- Notice defects are a lifeline: if you never got the required notice, you may still contest a will in Missouri after the ordinary deadline.
- Self-proved wills are harder: a will with a notarized witness affidavit raises the bar to contest a will in Missouri on execution grounds.
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Official Missouri Sources & Resources
- Missouri Probate Court: https://www.courts.mo.gov/page.jsp?id=305
- Missouri Will Contest Statute: https://revisor.mo.gov/main/OneSection.aspx?section=473.083
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Missouri guide was last verified against official sources in September 2026. Laws change — verify with your state court or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.