How Do I Avoid Probate in Missouri?
In Missouri, a home with a transfer on death deedRSMo 461.003 to 461.081Verified Oct 17, 2026View source, a payable on death accountRSMo § 362.471.2Verified Nov 1, 2026View source, life insuranceRSMo § 461.001Verified Nov 1, 2026View source with a named beneficiary and a vehicle with a transfer on death designationMo. Rev. Stat. 301.681Verified Oct 21, 2026View source pass outside probate, as does property in a revocable trust; what is left is the probate estate.
At a death in Missouri, the sums in a joint account belong to the surviving owner only where the account's own terms provide for survivorshipRSMo § 362.470.1Verified Nov 1, 2026View source. On the pay on death designation: a pay-on-death account passes to the named beneficiary at the owner's deathRSMo § 362.471.2Verified Nov 1, 2026View source.
Missouri's nonprobate-transfer statute names an insurance policyRSMo § 461.001Verified Nov 1, 2026View source: the death benefit is paid to the beneficiary the owner designated, outside probate. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.
An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another29 U.S.C. § 1144(a)Verified Nov 1, 2026View source. An IRA is the state's: Missouri's statute names an individual retirement accountRSMo § 461.001Verified Nov 1, 2026View source, so the balance is paid to the named beneficiary outside probate. A retirement account with no beneficiary named is part of the probate estate.
Survivorship title in Missouri: Missouri's survivorship vestings are joint tenancy, which the grant or devise must expressly declare, and tenancy by the entirety between spouses. No Missouri statute names an instrument to record at a joint owner's death; a recorder of deeds may record a certified copy of a death certificate without meeting the page-format requirementsRSMo chs. 442 (§§ 442.025, 442.380, 442.400, 442.450), 59 (§§ 59.310, 59.313, 59.330), 461, 473, 474 and 193Verified Oct 26, 2026View source. Missouri recognizes the transfer on death deedRSMo 461.003 to 461.081Verified Oct 17, 2026View source: the home passes to the named beneficiary at the owner's death without probate. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.
Missouri titles a vehicle with a transfer on death designationMo. Rev. Stat. 301.681Verified Oct 21, 2026View source: the vehicle passes to the named beneficiary at the owner's death without probate. The form is Application for Missouri Title and License (Form 108)Mo. Rev. Stat. 301.681View source. A vehicle in the owner's name alone is part of the probate estate.
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreForms for Planning Your Estate in Missouri
Free forms for planning your estate in Missouri: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Missouri, a will is signed before 2RSMo § 474.320Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyRSMo § 474.320Verified Oct 18, 2026View source.
Codicil to a Will
In Missouri, a codicil is signed before 2RSMo § 474.320Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyRSMo §§ 472.010(30), 474.337Verified Oct 25, 2026View source.
Healthcare Power of Attorney
Missouri requires 2RSMo § 459.015 (optional living will form only)Verified Oct 15, 2026View source witnesses and notarizationRSMo § 459.015 (optional living will form only)Verified Oct 15, 2026View source for a healthcare power of attorney.
HIPAA Release
In Missouri, a HIPAA release is the federal authorization alone: the state adds no category rule, and the document carries the elements federal law requires, among them an expiration date or an expiration event that relates to the individual45 CFR 164.508(c)(1)(v)Verified Oct 21, 2026View source.
Financial Power of Attorney
Missouri requires explicit durability language for a power of attorney to survive incapacityRSMo §§ 404.700-404.735Verified Oct 21, 2026View source, and it is signed before a notaryRSMo §§ 404.700-404.735Verified Sep 18, 2026View source.
Transfer on Death Deed
In Missouri, a beneficiary deed is signed before a notaryRSMo 461.003 to 461.081Verified Oct 18, 2026View source, then recorded with the county before the owner's deathRSMo 461.003 to 461.081Verified Oct 18, 2026View source. Missouri does not recognize a Lady Bird deed.
Vehicle Transfer on Death
Missouri allows a transfer-on-death beneficiary designation on a vehicle titleMo. Rev. Stat. 301.681Verified Oct 21, 2026View source, filed through the Missouri Department of Revenue, Motor Vehicle Bureau using Form 108.
Living Will
In Missouri, the living will is the DeclarationMo. Rev. Stat. ch. 459, §§ 459.010-459.055 (Declarations, Life Support) and § 459.250 (Advance Health Care Directives Registry)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Tools for Planning Your Estate in Missouri
Free tools for planning your estate in Missouri: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Much Does a Will Cost?
An attorney-prepared will in Missouri runs $984Estimate: 3 hours at $328, Clio's Missouri Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,968Estimate: 6 hours at $328, Clio's Missouri Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $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); § 473.153(1) (base: personal property administered)Verified Sep 8, 2026View source.
How Do I Name a Guardian for My Minor Children?
In Missouri, a parent names a guardian for a minor child in a will or a separate signed writingMo. Rev. Stat. §§ 475.045, 475.046Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Mo. Rev. Stat. § 475.010(15)Verified Sep 15, 2026View source.
Trust or Will: Which Costs Less?
In Missouri, a will-based plan pays probate 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); § 473.153(1) (base: personal property administered)Verified Sep 8, 2026View source; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Is the Federal Gift Tax?
Whether a gift owes federal gift tax, how much of the annual exclusion and lifetime exemption it uses, and whether Form 709 is due.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Missouri runs $3,570Estimate: 10 hours at $357, Clio's Missouri Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,355Estimate: 15 hours at $357, Clio's Missouri Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $984Estimate: 3 hours at $328, Clio's Missouri Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,968Estimate: 6 hours at $328, Clio's Missouri Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Missouri, four years at a public university cost about $82,516NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 9% below the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesMo. Rev. Stat. §§ 145.011, 145.1000; Mo. Dept. of Revenue, Estate Tax (no Missouri estate tax imposed; no return required for deaths on or after Jan. 1, 2005)Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Missouri automatically revokes an ex-spouse as beneficiary at divorceMo. Rev. Stat. § 461.051Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
How Do I Sign Estate Documents?
In Missouri, a will is signed before 2RSMo § 474.320Verified Oct 18, 2026View source witnesses, and notarization is not requiredRSMo § 474.320Verified Oct 18, 2026View source.
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Missouri Estate Planning Resources
In-depth guides covering Missouri probate laws, trust requirements, and estate planning strategies.