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State guide

Missouri

Estate law, probate process, and inheritance rules for Missouri — in plain language.

Probate timeline
6–12 months typical

$2,000–$4,000 typical

Small-estate procedure
Under $40,000

Affidavit RSMo §473.097

State taxes
Estate tax: NoneInheritance tax: None
Common-law state
Spousal rights in Missouri

Elective share: 1/3 (with descendants) or 1/2 (without)

If there is no will (intestate succession)

Spouse + descendants of marriage: spouse takes first $20K + 1/2 of remainder.

Executor / personal-rep requirements
  • Must be 18+ and of sound mind
  • May be required to post bond unless will waives it
  • Must file inventory of estate assets
  • Must give notice to creditors per statute
Key filing deadlines
  • Will filed within 1 year of death
  • Notice to creditors: 6 months
  • Inventory: 30 days after appointment
Common pitfalls in Missouri
  • Missouri allows beneficiary deeds for real estate (avoids probate)
  • Outdated beneficiary designations override the will
  • Real estate in another state triggers ancillary probate
  • Joint tenancy with non-spouse can create unintended consequences
Recommended actions for Missouri residents
  • Beneficiary deed for primary residence
  • Trust for larger estates
Statute references
  • RSMo Title XXXII Chapter 472-475 (Probate Code)

Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Missouri.

Important legal notice

Plan Your Passing is not a law firm. The information on this site is for general educational purposes only and does not constitute legal, financial, tax, medical, or professional advice. No attorney-client relationship is created by reading this site or using any tool on it. Estate, probate, tax, and inheritance laws differ by country, state, province, county, and individual circumstance, and they change over time. You are solely responsible for confirming the laws that apply to you. Always consult a licensed attorney in your jurisdiction before making any legal, financial, or tax decision regarding wills, trusts, beneficiaries, probate, real estate transfers, gifts, or end-of-life directives. The author, operators, and affiliates of this site disclaim all liability for actions taken or not taken based on its contents.

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