When Is Probate Required in Missouri?

Real estate in Missouri generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or had a transfer-on-death deed recorded (if available in the state). A revocable living trust outlines alternatives to probate for real estate.

In Missouri, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.

In Missouri, simple estates typically take 6-12 months. Average estates take 12-18 months. Complex estates with disputes or unusual assets 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 May 14, 2026 Estimate total costs with the Missouri probate calculator.

Probate costs in Missouri typically include attorney fees, executor fees, court filing fees, and publication costs. Total costs generally range from 3-8% of the estate value depending on complexity. Use the Missouri probate cost calculator for a detailed estimate.

The most common ways to avoid probate in Missouri include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.