How Does Estate Planning Work in Missouri?

Probate on a $500,000 estate in Missouri costs an estimated $28,815RSMo § 473.153(3) (statutory minimum: 5% first $5K, 4% next $20K, 3% next $75K, 2.75% next $300K, 2.5% next $600K, 2% over $1M; where reasonable compensation exceeds the minimum the court shall allow additional compensation — extraordinary services not required). Per § 473.153(1) the base is personal property administered plus proceeds of court-ordered real property sales; unsold real property is excluded.Verified Sep 8, 2026View source and takes 6 months to 12 months for a simple estate, with attorney fees set by statute as a percentage of the gross estateRSMo § 473.153(3) (statutory minimum: 5% first $5K, 4% next $20K, 3% next $75K, 2.75% next $300K, 2.5% next $600K, 2% over $1M; where reasonable compensation exceeds the minimum the court shall allow additional compensation — extraordinary services not required). Per § 473.153(1) the base is personal property administered plus proceeds of court-ordered real property sales; unsold real property is excluded.Verified Sep 8, 2026View source. Estates under $40,000RSMo § 473.097Verified Sep 8, 2026View source can use a small-estate procedure instead.

Frequently Asked Questions

A simple estate in Missouri typically takes 6 months to 12 months through probate, and an average estate 12 months to 18 months; a contested one runs longer. The creditor claim period of 6 monthsRSMo § 473.360Verified Sep 8, 2026View source is the floor. A funded revocable trust avoids probate entirely.

Missouri has adopted the Uniform Trust CodeMo. Rev. Stat. § 456.1-101 et seq. (Missouri Uniform Trust Code)Verified Jul 15, 2026View source and does not require witnesses for trust executionMo. Rev. Stat. § 456.1-101 et seq. (Missouri Uniform Trust Code)Verified Jul 15, 2026View source. Notarization is not required for validityMo. Rev. Stat. § 456.1-101 et seq. (Missouri Uniform Trust Code)Verified Jul 15, 2026View source, though many financial institutions require notarized trust documents. The successor trustee can publish Missouri's optional creditor notice to shorten the claim window to 6 monthsRSMo § 456.5-505.5 (permissive "may publish a notice" 1x/week for 4 consecutive weeks → 6-month bar from first publication); default RSMo § 473.444.1 (1-year nonclaim bar if trustee does not publish). Elective safe-harbor, no mandatory duty to notify known creditors. Verified 2026-06-19.Verified Jul 15, 2026View source; without it, the settlor's creditors have up to 12 monthsRSMo § 456.5-505.5 (permissive "may publish a notice" 1x/week for 4 consecutive weeks → 6-month bar from first publication); default RSMo § 473.444.1 (1-year nonclaim bar if trustee does not publish). Elective safe-harbor, no mandatory duty to notify known creditors. Verified 2026-06-19.Verified Jul 15, 2026View source to bring a claim.

A healthcare power of attorney in Missouri requires 2 witnesses and notarizationRSMo § 459.015 (optional living will form only)Verified Jul 15, 2026View source to be valid. A financial power of attorney requires notarizationRSMo §§ 404.700-404.735Verified Sep 18, 2026View source. A financial power of attorney is not durable by default; it must include durability language to survive incapacityRSMo §§ 404.700-404.735Verified Sep 18, 2026View source.

In Missouri, the executor files an inventory of the estate's assets within 30 daysRSMo §§ 473.233, 473.240Verified Sep 15, 2026View source of appointment. A revocable trust skips the court-supervised inventory, so a trustee distributes without filing one.

In Missouri, divorce automatically revokes a beneficiary designation that names a former spouseMo. Rev. Stat. § 461.051Verified Sep 15, 2026View source on the covered accounts, so the asset does not pass to the ex-spouse unless the designation is renewed after the divorce.

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