Missouri Revised Statutes

Mo. Rev. Stat. § 473.053 (2026)

Testimony of subscribing witnesses, other evidence

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473.053. Testimony of subscribing witnesses, other evidence. — 1. At least two of the subscribing witnesses to a written will shall be examined if they are alive and competent to testify and otherwise available. Before any will is probated each of at least two witnesses thereto shall testify to facts showing that the will was executed in accordance with section 474.320. This section does not alter the rules of evidence as to the establishment of a will by probate in solemn form or affect the probate of a self-proved will.

2. If either or both of the subscribing witnesses to the will are dead, physically or mentally incapable of testifying, or their whereabouts unknown, then due execution of the will by testator and its attestation by subscribing witnesses shall be proved by the available subscribing witness, if any, and proof of the handwriting of any dead or mentally incapacitated subscribing witness or subscribing witness whose whereabouts is unknown, or by such other competent evidence as is available.

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(L. 1955 p. 385 § 43, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1983 S.B. 44 & 45)

Notes of Decisions

Cited in 3 cases, 1970–1986 · leading case: Politte v. Est. of Politte, 460 S.W.2d 733 (Mo. Ct. App. 1970).

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Politte v. Est. of Politte, 460 S.W.2d 733 (Mo. Ct. App. 1970). · cites it 5× “No further action was taken regarding the purported will until about a week before the expiration of nine months from the first publication, when the subscribing witnesses appeared before a deputy clerk and executed the affidavits required by Section 473.053, RSMo 1959, V.A.M.S.…”

Stemmler v. Crutcher, 719 S.W.2d 918 (Mo. Ct. App. 1986). · cites it 5× “However, our courts have stated the prede *920 cessor statutes to § 473.053, RSMo.Supp. 1984 should be used to resolve this issue in will contest cases.”

Rios v. Bridges, 710 S.W.2d 327 (Mo. Ct. App. 1986). · cites it 2× “The question remains whether the probate court was correct in refusing to consider the substituted proof of the will authorized by § 473.053 RSMo 1978. The answer to the remaining question may be found in § 473.”

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