What are the beneficiary designation rules in Missouri?

Beneficiary designations on life insurance, retirement accounts, POD bank accounts, and TOD brokerage accounts determine who receives those assets at death (Mo. Rev. Stat. Ch. 461 (Nonprobate Transfers Law); § 461.028 (registration in beneficiary form, including securities); § 461.045 (LDPS / per stirpes lineal descendants substitution); § 461.051 (revocation by divorce — applies to TOD accounts and financial institution accounts; excluded from life insurance/annuities by § 461.073(6) and from ERISA plans by § 461.073(8)); § 461.054 (slayer / fraud); § 461.062 (multiple beneficiaries, lapse); § 461.073 (scope — subsection 3 excludes §§ 461.003–461.045 and 461.059–461.065 from financial institution accounts but NOT § 461.051; subsection 6 expressly excludes § 461.051 from life insurance/annuities; subsection 8 expressly excludes § 461.051 from ERISA plans); § 461.300 (creditor reach against nonprobate transferees; 18-month window); § 474.163 (elective share reaches nonprobate transfers); § 404.005 et seq. (UTMA for minor beneficiaries); § 301.681 (TOD vehicle title — § 301.681.4(4): designation not revoked by change in circumstances); § 513.430.1(10)(f) (inherited IRA exemption). Note § 461.073 subsections 3, 5 and 6 also exclude § 461.045 (LDPS default) from financial institution accounts, director-of-revenue titles, and life insurance/annuities absent express incorporation. All sections re-fetched individually on revisor.mo.gov and confirmed current (not repealed or renumbered), 2026-07-13.). These designations override the terms of a will or trust. Outdated designations remain in effect regardless of other estate planning documents.

Does divorce revoke beneficiary designations in Missouri?

Yes. Missouri automatically revokes an ex-spouse as beneficiary upon divorce for the following asset types: tod accounts, financial institution accounts (Mo. Rev. Stat. § 461.051). However, ERISA-governed employer plans such as 401(k)s and pensions are subject to federal law and must be updated manually regardless of state rules.

Are Beneficiary Designations Protected in Missouri?

Check how divorce, creditors, and state laws affect your life insurance, retirement accounts, and other beneficiary designations.

State

Your Situation

Select all that apply

This tool provides general information about state beneficiary designation laws. It does not constitute legal advice. ERISA-governed plans are subject to federal law which may differ from state law. Consult a licensed attorney for advice specific to your situation.Data verified 2026-07-13

Frequently Asked Questions

Beneficiary designations on life insurance, retirement accounts, POD bank accounts, and TOD brokerage accounts determine who receives those assets at death. These designations override the terms of a will or trust. Outdated designations remain in effect regardless of other estate planning documents.

Yes. Missouri automatically revokes an ex-spouse as beneficiary upon divorce for the following asset types: tod accounts, financial institution accounts. However, ERISA-governed employer plans such as 401(k)s and pensions are subject to federal law and must be updated manually regardless of state rules.

Yes. Missouri provides full statutory protection for inherited IRAs from creditors. After the Supreme Court's Clark v. Rameker (2014) decision ruled inherited IRAs are not protected under federal bankruptcy law, state-level protections became the primary shield.

Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for employer-sponsored plans such as 401(k)s, pensions, and group life insurance. Even if Missouri automatically revokes an ex-spouse upon divorce, ERISA-governed plans follow the designation on file with the plan administrator. The Supreme Court confirmed this in Egelhoff v. Egelhoff (2001) and Kennedy v. Plan Administrator (2009).

When no valid beneficiary designation exists, the asset typically passes to the account holder's estate and is distributed through probate under Missouri's intestacy laws. This can result in delays, additional costs, and the assets going to someone other than the intended recipient. See who inherits with the Missouri inheritance calculator.

Yes. Missouri applies a per stirpes default for beneficiary designations. If a named beneficiary dies before the account holder, the deceased beneficiary's share passes to their descendants rather than to the remaining named beneficiaries.

Beneficiary Rules in Missouri

Divorce in Missouri triggers automatic revocation of ex-spouse beneficiary designations (Yes). Federal ERISA plans are exempt from this rule, so 401(k)s and employer pensions require a manual change. The life insurance calculator recalculates coverage needs after a divorce.

Missouri is not a community property state, so spousal consent for beneficiary changes on state-governed accounts is generally not required. However, federal ERISA rules still require spousal consent for qualified retirement plans such as 401(k)s and pensions. The inheritance calculator shows how Missouri divides assets when no valid designation exists.

Missouri provides Full creditor protection creditor protection for inherited IRAs. State law varies widely on this issue since the Supreme Court's 2014 Clark v. Rameker decision.

The per stirpes default in Missouri is Yes. Per stirpes means that if a named beneficiary dies before the account holder, the share passes to that beneficiary's descendants. Without per stirpes language or contingent beneficiaries, a lapsed designation routes assets to the estate. The Missouri life insurance calculator estimates coverage based on current family needs.

SimplyTrust Editorial·Updated July 13, 2026

Legal Sources

Data sourced from Missouri statutes and official state code. How we research.

Is this your situation?

Get a complete guide for your specific circumstances.

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.

Learn more