What Are the Burial and Cremation Laws in Missouri?

Missouri allows you to name your own agent in a signed, written documentMo. Rev. Stat. § 194.119 (via § 404.710 durable power of attorney)Verified Jul 13, 2026View source, and that designation takes priority over the statutory order of next of kin who otherwise control disposition of the remains.

Burial on private property is permittedMo. Rev. Stat. § 193.145Verified Jul 13, 2026View source in Missouri. No state statute specifically prohibits home burial on private property. Mo. Rev. Stat. § 214.090 lets a landowner convey up to one acre to the county commission in trust as a family burying ground held in perpetuity. Must comply with local zoning ordinances, county health regulations, and setback requirements from wells and waterways. A death certificate must be filed per § 193.145. Mo. Rev. Stat. § 193.175 requires an identification tag on the remains.

Missouri imposes no statutory minimum waiting periodMo. Rev. Stat. § 194.350Verified Jul 13, 2026View source before cremation. Person with right of sepulcher per § 194.119 (next-of-kin priority order), or the deceased via prior written authorization (including a preneed contract). Written authorization must be executed before cremation per 20 CSR 2120-2.071(2)(A).

Missouri sets a statutory order for who controls the disposition of remains: military designee named on dod form 93, then surviving spouse, then surviving adult childrenMo. Rev. Stat. § 194.119Verified Jul 13, 2026View source. The state allows you to name your own agent in a signed, written documentMo. Rev. Stat. § 194.119 (via § 404.710 durable power of attorney)Verified Jul 13, 2026View source, and that designation takes priority over the default order. Those wishes can be recorded alongside the rest of an estate plan when you create a revocable living trust.

Embalming is not required by lawMo. Rev. Stat. § 193.145Verified Jul 13, 2026View source in Missouri. No Missouri state law mandates embalming. Funeral homes may not claim it is legally required. Refrigeration is an acceptable alternative. The State Board of Embalmers and Funeral Directors (Chapter 333) regulates embalming practice standards when it is performed but does not require it as a condition of disposition.

In Missouri, a licensed funeral director is not required — a family may legally direct the disposition itselfMo. Rev. Stat. Chapter 333Verified Jul 13, 2026View source. Missouri does not require a licensed funeral director to be retained for a family-directed funeral or home funeral. Chapter 333 (§ 333.061) requires a license to operate a funeral establishment, and § 333.011(8) defines the regulated "practice of funeral directing" as engaging in the business of preparing and directing burial or disposal of dead human bodies — it does not bar a family acting on its own behalf from directing the disposition.

Forms for Planning and Settling an Estate in Missouri

Free Missouri forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Renunciation of Executor

In Missouri, a person named as executor may renounce the right to serveRSMo 473.113Verified Sep 23, 2026View source before anyone is appointed.

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Affidavit of Heirship

In Missouri, heirs put their identity on the land records with an affidavit of heirship recorded with the countyRSMo 490.370; RSMo 301.682; RSMo 474.250; RSMo 473.663Verified Sep 24, 2026View source; once recorded it is admissible as evidence of the facts stated.

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Estate Inventory

In Missouri, the personal representative files the estate inventory within 30 daysRSMo §§ 473.233, 473.240Verified Sep 15, 2026View source of appointment.

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Estate Closing

In Missouri, the personal representative is discharged automatically once the statutory period runsRSMo § 473.840.6; § 473.837; § 473.660Verified Sep 15, 2026View source, and a final accounting is required.

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Letter of Instruction

Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.

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Last Will and Testament

In Missouri, a will is signed before 2RSMo § 474.320Verified Sep 16, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyRSMo § 474.320Verified Sep 16, 2026View source.

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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.

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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.

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Tools for Planning and Settling an Estate in Missouri

Free calculators and checklists for planning or settling an estate in Missouri: will and trust costs, probate, executor pay, and inheritance taxes.

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.

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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.

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How Much Are Estate & Inheritance Taxes?

Missouri levies no estate or inheritance taxMo. 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; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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What Taxes Apply to My Inheritance?

Missouri imposes no inheritance or estate taxMo. 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; probate assets arrive when the estate closes, 6 months to 12 months for a simple estate.

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How Does Step-Up in Basis Work?

Inherited assets in Missouri take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces no state tax after a 100% exclusion of long-term gains, available to individuals only, not to estates or trusts§ 143.121.3(14)(a) RSMo (HB 594, 2025) — 100% capital gains deduction for an INDIVIDUAL subject to tax under § 143.011; estates/trusts excludedVerified Sep 15, 2026View source.

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What Are the Estate Laws in My State?

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 and takes 6 months to 12 months for a simple estate, with 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; 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. Estates under $40,000RSMo § 473.097Verified Sep 8, 2026View source can use a small-estate procedure instead.

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When Do I Have to Withdraw an Inherited IRA?

See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.

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How Much Can an Executor Charge?

Missouri sets executor compensation by statute — about $14,050 on a $500,000 estate, roughly 2.8%RSMo § 473.153(1) (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). Schedule is computed on personal property administered plus proceeds of court-ordered real property sales; unsold real property is excluded from the base.Verified Sep 8, 2026View source.

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Missouri Estate Planning Resources

In-depth guides covering Missouri probate laws, trust requirements, and estate planning strategies.