Missouri Estate Planning: Free Wills, Trusts & Calculators

Like all states, Missouri recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2RSMo § 474.320Verified Jun 1, 2026 adult witnesses, and adding a notarized self-proving affidavit can streamline the probate process later.

Healthcare proxies in Missouri require both 2RSMo § 459.015 (optional living will form only)Verified Jun 1, 2026 witnesses and notarization, making it one of the stricter states for these documents. All requirements can be satisfied at once at a bank or attorney's office.

If you die without a will in Missouri, your heirs must survive you by at least 120 hoursMo. Rev. Stat. § 474.010Verified Jun 1, 2026 to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident.

Missouri sets probate attorney fees by law rather than leaving them to negotiation. Fees are calculated as a percentage of the estate's value, which means you can predict costs in advance—but also means there's little room to shop around for a better rate.

Missouri does not impose a state estate tax or inheritance tax, which means estates are only subject to the federal estate tax (currently exempting the first $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jan 2, 2026 per person, or $30,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jan 2, 2026 for married couples using portability). This is a meaningful advantage over the states that layer their own death taxes on top of the federal system.

Missouri allows transfer-on-death deeds for real estate, enabling property to pass directly to named beneficiaries without probate. This is a significant probate avoidance tool that doesn't require creating a trust. Transferring property into a revocable trust does not trigger a property tax reassessment in Missouri, so property taxes remain at their current level. Missouri fully enforces no-contest clauses in trusts and wills. A beneficiary who unsuccessfully challenges the document can lose their entire inheritance, which strongly discourages frivolous disputes.

Missouri provides a statutory homestead exemption protecting up to $15,000 in home equity from creditors. While not as strong as the constitutional protections in states like Texas or Florida, this still provides meaningful protection for the family home. Executors must publish a notice to creditors, who then have 6 monthsRSMo § 473.360Verified Jun 1, 2026 to file claims against the estate.

Missouri automatically revokes an ex-spouse as beneficiary on life insurance, retirement accounts, and similar designations upon divorce. However, these automatic revocations can be overridden by a divorce decree or by re-designating the ex-spouse after the divorce. Missouri provides full creditor protection for inherited IRAs, meaning creditors cannot reach these funds—a protection not available in every state.

Missouri fully authorizes remote online notarization (RON) for estate planning documents, including wills, trusts, healthcare directives, powers of attorney. This allows the entire signing process to happen via video call from anywhere.