Estate Planning Law in Missouri: Overview
Missouri does not impose a state estate tax or inheritance tax. The state is a common law property state with its own probate code (not the UPC). Missouri has a strong elective share of 50% if no children survive, or one-third with surviving children. The state requires two witnesses for a valid will and does not recognize holographic wills (though it may accept out-of-state holographic wills). Missouri allows transfer-on-death (beneficiary) deeds for real property. The small estate affidavit threshold is $40,000. Missouri has modern trust law under the Missouri Uniform Trust Code.
Key Statutes & Deadlines
State Estate Tax
No state estate tax
Mo. Rev. Stat. § 145.011
Small Estate Threshold
$40,000 for affidavit
Mo. Rev. Stat. § 473.097
Will Execution
Two witnesses; no holographic wills
Mo. Rev. Stat. § 474.320
Beneficiary Deed
Transfer-on-death deeds for real property
Mo. Rev. Stat. § 461.025
Elective Share
One-third (with children) or one-half (without)
Mo. Rev. Stat. § 474.160
Beneficiary Deeds
Missouri was one of the early adopters of beneficiary deed (transfer-on-death deed) legislation. A beneficiary deed allows a property owner to name a beneficiary who will receive real property at death without probate. The deed must be recorded during the owner's lifetime and is revocable. Missouri's beneficiary deed is one of the most commonly used probate avoidance tools in the state.
Elective Share and Spousal Rights
Missouri provides a strong elective share: one-third of the estate if there are surviving children, or one-half if there are none. This applies to the net probate estate. The surviving spouse also has rights to homestead, exempt property, and a family allowance during administration. These rights cannot be defeated by will.
Trust Law
Missouri adopted the Missouri Uniform Trust Code, providing comprehensive trust administration rules. The state allows trust decanting and modification of irrevocable trusts. Missouri does not have a domestic asset protection trust statute. Revocable living trusts are commonly used for larger or more complex estates.
Missouri Court System
Missouri probate is handled by the Circuit Court (Probate Division) in each county. Jackson County, St. Louis County, and St. Louis City have dedicated probate divisions. The process involves filing the will, appointing a personal representative, inventorying assets, notifying creditors, and distributing the estate. Creditor claims must be filed within six months. Appeals go to the appropriate Missouri Court of Appeals and then to the Missouri Supreme Court.
Damages & Penalties
Missouri has no state estate or inheritance tax. Fiduciaries face liability for breach of duty. Missouri courts can remove personal representatives and surcharge them for losses. The state criminalizes will destruction and fraud. Fraudulent transfers are challenged under Missouri's Uniform Voidable Transactions Act.
Recent Legislative Changes
Missouri adopted the Missouri Uniform Trust Code and has updated its beneficiary deed provisions. The state has modernized its probate procedures and guardianship protections.
Key Takeaways
- No state estate or inheritance tax.
- Beneficiary deeds provide simple probate avoidance for real property.
- Holographic wills not recognized; two witnesses required.
- Elective share is one-third (with children) or one-half (without).
- Small estates under $40,000 qualify for affidavit procedures.
- Missouri Uniform Trust Code provides modern trust rules.
- Strong spousal protections including homestead and family allowance.
Frequently Asked Questions
Does Missouri have a state estate tax?
No, Missouri has no state estate or inheritance tax.
What is a beneficiary deed in Missouri?
A beneficiary deed names someone to receive your real property at death without probate. It must be recorded during your lifetime and is revocable.
Are holographic wills valid?
No, Missouri does not recognize holographic wills. Two witnesses are required.
What is the elective share?
The surviving spouse can elect one-third of the estate (if children survive) or one-half (if no children).
What is the small estate threshold?
Missouri allows an affidavit for estates under $40,000.
How long does probate take?
Missouri probate typically takes six months to a year. The creditor claims period is six months.
This guide is provided for general informational purposes only and does not constitute legal advice. Missouri laws may change, and the information here may not apply to your specific situation. For advice tailored to your circumstances, consult with a qualified Missouri attorney.