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Home→Tools→Trust or Will Decision Tool→Missouri

Should You Get a Trust or a Will in Missouri?

Compare probate costs, trust administration fees, and digital signing options for your state.

Frequently Asked Questions

In Missouri, probate fees are set by statute as a percentage of the gross estate.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 For larger estates, a revocable trust avoids these fees entirely and distributes assets faster than the 6-12 month probate timeline.

Missouri has statutory probate fees calculated as a percentage of the gross estate.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 revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Missouri probate calculator.

No. A will must go through probate in Missouri. However, estates with personal property under $40,000 may qualify for Small Estate Affidavit, which is faster and less expensive than full probate.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

Simple estates in Missouri typically take 6-12 months through probate. Complex or contested estates 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.

Yes. A will becomes a public court record once it enters probate in Missouri. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.

Use the Missouri probate calculator to estimate attorney fees, executor fees, court costs, and the probate timeline.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

Whether a trust is cost-effective depends on estate size, property types, and Missouri's probate costs. The Missouri trust need assessment evaluates these factors against your specific situation.

Trust vs Will in Missouri

If you go the will route in Missouri, your estate pays statutory probate fees set as a percentage of the gross estate (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). The trust route side-steps that schedule entirely. For a six-figure estate the difference is real money — the Missouri probate calculator projects what heirs pay; the Missouri will cost calculator covers what the will document itself runs to create.

Estates under $40,000§ 473.097Verified Jun 1, 2026 clear Missouri's small-estate procedure regardless of whether you used a trust or just a will. The decision matters above that threshold, when the will route exposes the estate to 6 monthsRSMo § 473.050Verified Jun 1, 2026-12 monthsRSMo § 473.050Verified Jun 1, 2026 of probate that a trust skips.

The will path puts Missouri probate filings into public court records, which means anyone curious can pull the inventory and the distribution. The trust path keeps the same details inside a private document. Cost is the obvious factor; privacy often ends up being the decisive one.

For families on the trust side of the line, the Missouri revocable trust builder is the next step. Not sure which side of the line you're on? The trust need assessment sorts that out first.

SimplyTrustSimplyTrust Editorial·Updated June 1, 2026

Legal Sources

  • § 473.097
  • RSMo § 473.050
  • 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.

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Missouri Estate Planning Resources

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

$

Missouri Last Will and Testament

Missouri Revocable Living Trust

Nevada Revocable Living Trust

Estimated Net to Beneficiaries

$1,250,000

Estimated Net to Beneficiaries

$1,244,375

Estimated Net to Beneficiaries

$1,244,375

Probate fees are typically calculated on gross estate value before deducting debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.

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