Estate Planning in Missouri

Like all states, Missouri recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2RSMo § 474.320Verified Sep 16, 2026View source adult witnesses, and adding a notarized self-proving affidavit can streamline the probate process later.

A Missouri healthcare power of attorney is signed before 2RSMo § 459.015 (optional living will form only)Verified Jul 15, 2026View source witnesses and a notaryRSMo § 459.015 (optional living will form only)Verified Jul 15, 2026View source; both are required. Witnesses must be at least 18 yearsRSMo § 459.015 (optional living will form only)Verified Jul 15, 2026View source old and cannot be the named agent. The agent must be at least 18 yearsRSMo § 459.015 (optional living will form only)Verified Jul 15, 2026View source old, and Missouri bars the principal’s healthcare providers and employees of the treating facility from serving, subject to the statute’s exceptions.

A Missouri financial power of attorney must be notarizedRSMo §§ 404.700-404.735Verified Sep 18, 2026View source; witnesses are not required. It is not durable unless it says soRSMo §§ 404.700-404.735Verified Sep 18, 2026View source, in words such as “THIS IS A DURABLE POWER OF ATTORNEY AND THE AUTHORITY OF MY ATTORNEY IN FACT SHALL NOT TERMINATE IF I BECOME DISABLED OR INCAPACITATED OR IN THE EVENT OF LATER UNCERTAINTY AS TO WHETHER I AM DEAD OR ALIVE”; without that language it ends when the principal becomes incapacitated. A springing power of attorney, one that takes effect only when the principal becomes incapacitated, is permittedRSMo §§ 404.700-404.735Verified Sep 18, 2026View source.

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 Sep 15, 2026View source per person, or $30,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source 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 does not require a revocable living trust to be notarizedMo. Rev. Stat. § 456.1-101 et seq. (Missouri Uniform Trust Code)Verified Jul 15, 2026View source. 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 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. RON covers the notarization step; whether the whole signing can happen remotely also depends on whether the document's witnesses may attend by video.