Missouri Inheritance: Plan an Estate or Settle One

Missouri has not adopted the Uniform Probate Code, has enacted the Uniform Trust CodeMo. Rev. Stat. § 456.1-101 et seq. (Missouri Uniform Trust Code)Verified Oct 17, 2026View source, and has not adopted the Uniform Power of Attorney ActRSMo §§ 404.700-404.735Verified Sep 18, 2026View source.

Probate of a simple estate in Missouri runs 6 months to 12 months; an average estate takes 12 months to 18 months. The court filing fee is $115 - $565 (based on estate value)Mo. Sup. Ct. Op. R. 21.01(a)(12)-(13); RSMo §§ 488.012, 483.580Verified Sep 8, 2026View source; attorney fees are statutory (set by law)RSMo § 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. On a $500,000 estate the estimated total comes to $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. The personal representative must post a bondRSMo §§ 473.157 (requirement), 473.160 (waiver by will)Verified Sep 8, 2026View source, which the will may waiveRSMo §§ 473.157 (requirement), 473.160 (waiver by will)Verified Sep 8, 2026View source. Informal, unsupervised probate is availableRSMo §§ 473.023 (court "or the clerk thereof ... shall grant letters testamentary and of administration"), 473.073 (clerk or court admits the will to probate and grants letters on the application), 473.047 (judge or clerk may immediately receive the proof and grant a certificate of probate), 473.065 (self-proved will probated without further proof)Verified Sep 8, 2026View source for uncontested estates.

Certified death certificates come from the Missouri Department of Health and Senior Services - Bureau of Vital RecordsMissouri Department of Health and Senior Services - Bureau of Vital RecordsVerified Oct 15, 2026View source at $14Missouri Department of Health and Senior Services - Bureau of Vital RecordsVerified Oct 15, 2026View source a copy, $11Missouri Department of Health and Senior Services - Bureau of Vital RecordsVerified Oct 15, 2026View source for each additional copy ordered with it. Processing time: 4-8 weeks for mail orders; local offices usually fasterMissouri Department of Health and Senior Services - Bureau of Vital RecordsVerified Oct 15, 2026View source. Once appointed, the personal representative files the estate inventory within 30 daysRSMo §§ 473.233, 473.240Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 4RSMo §§ 473.033, 473.360, 473.380, 473.397, 473.403, 473.444Verified Oct 18, 2026View source consecutive weeks.

A surviving spouse left out of the will can elect to take a statutory share insteadRSMo §§ 474.160, 474.163, 474.180, 474.190, 474.220, 473.083Verified Sep 15, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsRSMo §§ 404.005-404.094 (Missouri Transfers to Minors Law); § 404.051.5 (termination)Verified Sep 15, 2026View source of age. Missouri taxes incomeMo. Rev. Stat. § 143.011Verified Sep 20, 2026View source at a top rate of 4.7%Mo. Rev. Stat. § 143.011Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: no state tax after a 100% exclusion of long-term gains, available to individuals only, not to estates or trusts§ 143.121.3(14)(a) RSMo (HB 594, 2025) — 100% capital gains deduction for an INDIVIDUAL subject to tax under § 143.011; estates/trusts excludedVerified Sep 15, 2026View source.