Should You Get a Trust or a Will in Missouri?

In Missouri, a will-based plan pays probate 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; a funded revocable trust keeps those assets out of probate and off that fee.

In Missouri, a will-based plan pays probate 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; a funded revocable trust keeps those assets out of probate and off that fee. The trust also distributes assets faster than the 6 months to 12 months probate timeline a simple estate takes.

Probate in Missouri runs about $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 on a $500,000 estate in combined attorney, executor, and court fees. 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. A small estate may qualify for a simplified route: In Missouri, estates valued at $40,000RSMo § 473.097Verified Sep 8, 2026View source or less use the Small Estate AffidavitRSMo § 473.097Verified Sep 8, 2026View source, 30 daysRSMo § 473.097Verified Sep 8, 2026View source after death, a court filing short of full probate. In Missouri the affidavit is filed with the court, and holders honor the court's certified copy — but no letters testamentary or of administration issue.

Simple estates in Missouri typically take 6 months to 12 months through probate; average estates 12 months to 18 months, and contested estates longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.

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

Forms for Planning Your Estate in Missouri

Free forms for planning your estate in Missouri: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

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Last Will and Testament

In Missouri, a will is signed before 2RSMo § 474.320Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyRSMo § 474.320Verified Oct 18, 2026View source.

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Pour-Over Will

In Missouri, a pour-over will is signed before 2RSMo § 474.320Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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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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Transfer on Death Deed

In Missouri, a beneficiary deed is signed before a notaryRSMo 461.003 to 461.081Verified Oct 18, 2026View source, then recorded with the county before the owner's deathRSMo 461.003 to 461.081Verified Oct 18, 2026View source.

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Vehicle Transfer on Death

Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.

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Living Will

In Missouri, the living will is the DeclarationMo. Rev. Stat. ch. 459, §§ 459.010-459.055 (Declarations, Life Support) and § 459.250 (Advance Health Care Directives Registry)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.

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Tools for Planning Your Estate in Missouri

Free tools for planning your estate in Missouri: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

How Do I Sign Estate Documents?

Find witness, notary, and remote signing requirements for all 50 states.

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Will My Estate Documents Transfer?

Check if estate planning documents signed in one state are valid in another.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Missouri runs $3,570Estimate: 10 hours at $357, Clio's Missouri Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,355Estimate: 15 hours at $357, Clio's Missouri Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Missouri runs $984Estimate: 3 hours at $328, Clio's Missouri Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,968Estimate: 6 hours at $328, Clio's Missouri Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $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.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In Missouri, a parent names a guardian for a minor child in a will or a separate signed writingMo. Rev. Stat. §§ 475.045, 475.046Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Mo. Rev. Stat. § 475.010(15)Verified Sep 15, 2026View source.

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Do I Need a Revocable Trust?

Probate in Missouri takes 6 months to 12 months for a simple estate and charges 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; assets held in a revocable trust skip both.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Missouri runs $3,570Estimate: 10 hours at $357, Clio's Missouri Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,355Estimate: 15 hours at $357, Clio's Missouri Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $984Estimate: 3 hours at $328, Clio's Missouri Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,968Estimate: 6 hours at $328, Clio's Missouri Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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Missouri Estate Planning Resources

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