Are Beneficiary Designations Protected in Missouri?
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.
A beneficiary designation on life insurance, a retirement account, a payable-on-death bank account or a transfer-on-death brokerage account decides who receives that asset at death, in Missouri as everywhere. The designation controls over the will or trust, and an outdated one stays in force whatever the other documents say.
Yes. Missouri automatically revokes an ex-spouse as beneficiary on divorce for these asset types: tod accounts, financial institution accountsMo. Rev. Stat. § 461.051Verified Sep 15, 2026View source. An ERISA-governed employer plan (a 401(k), a pension) follows federal law instead and must be updated by hand whatever the state rule says.
Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009). Missouri sets no spousal-consent requirement of its own for an individual account.
Yes. Missouri gives inherited IRAs full statutory protection from creditorsMo. Rev. Stat. § 513.430.1(10)(f)Verified Sep 15, 2026View source. After Clark v. Rameker (2014) held that federal bankruptcy law does not protect an inherited IRA, the state statute is the shield.
Yes. Missouri applies a per stirpes default to beneficiary designationsMo. Rev. Stat. § 461.045Verified Sep 15, 2026View source: when a named beneficiary dies before the account holder, that beneficiary's share passes to their descendants rather than to the other named beneficiaries.
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Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
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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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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
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Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
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.
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.
Financial Power of Attorney
Missouri requires explicit durability language for a power of attorney to survive incapacityRSMo §§ 404.700-404.735Verified Sep 18, 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.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
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.
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.
How Much Does Probate Cost?
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. 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.
Who Inherits Without a Will?
Without a will in Missouri, a surviving spouse takes the first $20,000 plus half of the restMo. Rev. Stat. § 474.010Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationMo. Rev. Stat. § 474.020Verified Sep 10, 2026View source.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living 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 for an individual, against $0 to $549 up front plus a subscription with an online service.
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; 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.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
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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.
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Missouri Estate Planning Resources
In-depth guides covering Missouri probate laws, trust requirements, and estate planning strategies.