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Home→Tools→Trust Need Assessment→Missouri

Do I Need a Trust in Missouri?

Find out if a revocable living trust makes sense in Missouri based on your estate value, property, and family situation. Free assessment with probate cost estimates.

Frequently Asked Questions

It depends on your estate size. Missouri allows simplified probate for estates under $40,000.RSMo § 473.050 (will presentment), § 473.090 (refusal of letters), § 473.097 (small estate), § 473.153 (fees; § 473.153(1) base = personal property administered + court-ordered real property sale proceeds), § 473.157 (bond), § 473.160 (bond waiver), § 473.233 (inventory deadline), § 473.360 (creditor claims), § 473.780 (independent administration), § 483.530 (probate division court costs), § 488.012 (uniform court cost surcharges)Verified Jun 1, 2026 Above that threshold, probate takes 6-12 months and costs 3-8% of the estate. A trust avoids probate entirely.

Missouri sets probate fees by statute as a percentage of the gross estate value.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; court may award more for extraordinary services). Per § 473.153(1) the base is personal property administered plus proceeds of court-ordered real property sales; unsold real property is excluded.Verified Jun 1, 2026 Combined attorney and executor fees can total 4-10% of the estate. A trust eliminates these costs. See a detailed breakdown with the Missouri probate calculator.

Estates with personal property under $40,000 may qualify for Small Estate Affidavit in Missouri.RSMo § 473.050 (will presentment), § 473.090 (refusal of letters), § 473.097 (small estate), § 473.153 (fees; § 473.153(1) base = personal property administered + court-ordered real property sale proceeds), § 473.157 (bond), § 473.160 (bond waiver), § 473.233 (inventory deadline), § 473.360 (creditor claims), § 473.780 (independent administration), § 483.530 (probate division court costs), § 488.012 (uniform court cost surcharges)Verified Jun 1, 2026 This process is faster and less expensive than full probate, but a trust still avoids it entirely.

Simple estates in Missouri typically take 6-12 months through probate. Complex estates with disputes or multiple properties can take 18-36 months or longer.RSMo § 473.050 (will presentment), § 473.090 (refusal of letters), § 473.097 (small estate), § 473.153 (fees; § 473.153(1) base = personal property administered + court-ordered real property sale proceeds), § 473.157 (bond), § 473.160 (bond waiver), § 473.233 (inventory deadline), § 473.360 (creditor claims), § 473.780 (independent administration), § 483.530 (probate division court costs), § 488.012 (uniform court cost surcharges)Verified Jun 1, 2026 A revocable trust avoids probate entirely, with assets typically distributed within weeks.

A properly funded revocable trust in Missouri avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 6-12 month minimum probate timeline. Assets in the trust transfer directly to beneficiaries.

A will goes through probate in Missouri; a trust does not. Probate adds cost, time, and public disclosure. Compare the full trade-offs with the Missouri trust vs. will comparison.

The Missouri probate calculator estimates attorney fees, executor fees, court costs, and the probate timeline based on Missouri statutes and your estate value.RSMo § 473.050 (will presentment), § 473.090 (refusal of letters), § 473.097 (small estate), § 473.153 (fees; § 473.153(1) base = personal property administered + court-ordered real property sale proceeds), § 473.157 (bond), § 473.160 (bond waiver), § 473.233 (inventory deadline), § 473.360 (creditor claims), § 473.780 (independent administration), § 483.530 (probate division court costs), § 488.012 (uniform court cost surcharges)Verified Jun 1, 2026

Do You Need a Trust in Missouri?

Missouri sets probate attorney fees by statute — the fee type is 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; court may award more for extraordinary services). Per § 473.153(1) the base is personal property administered plus proceeds of court-ordered real property sales; unsold real property is excluded.Verified Jun 1, 2026. On a six-figure estate the schedule isn't negotiable, which makes probate-avoidance a real cost lever in this state. A revocable trust keeps assets out of court and out of reach of the schedule. See the breakdown with the Missouri probate calculator.

Missouri's small-estate cutoff is $40,000§ 473.097Verified Jun 1, 2026. Below it, probate is short and a trust is overkill for most families. Above it, the trust math gets real — probate fees scale with estate size and the process is public.

When a trust is the better fit, the Missouri revocable trust builder creates the document with state-specific signing language. The trust or will tool shows how each path actually plays out.

SimplyTrustSimplyTrust Editorial·Updated June 1, 2026

Legal Sources

  • § 473.097
  • 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; court may award more for extraordinary services). Per § 473.153(1) the base is personal property administered plus proceeds of court-ordered real property sales; unsold real property is excluded.

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

When you're ready, we're here.

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Missouri Estate Planning Resources

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

$

Include real estate, savings, investments, and other assets.

Do you need a revocable trust?

Answer a few questions to see how people in similar situations typically plan, based on your state's laws.

Without a trust — assets go through probate court

With a trust — assets transfer privately, no court

This tool provides general information and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.

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