Missouri Wills, Probate and Estate Law
The rules in Missouri for wills, inheriting without a will, probate and small estates, deeds, powers of attorney and estate taxes — each linked to the statute or official court page. Probate is handled by the Circuit Court, Probate Division.
Quick answers for Missouri
- Small estate affidavit
- If the entire estate, less liens, debts and encumbrances, is $40,000 or less, a distributee (or the personal representative named in a will) may file a small estate affidavit with the probate division at least 30 days after death, if no application for letters is pending or granted. A bond is generally required unless the court waives it. Real estate may pass this way; the affidavit and clerk's certificate are recorded with the recorder of deeds. If the property listed is over $15,000, the clerk publishes notice to creditors for two weeks. RSMo § 473.097
- Handwritten (holographic) wills
- Missouri law has no exception for handwritten, unwitnessed wills; every will must be signed and attested by at least two competent witnesses. RSMo § 474.320
- Transfer-on-death deed
- Yes (beneficiary deed). The deed must expressly state that it does not take effect until the owner's death and must be executed and recorded with the recorder of deeds in the county where the property is located before the owner's death. No consideration or delivery to the beneficiary is required. A beneficiary designation may be revoked or changed during the owner's lifetime, but not by will unless the designation expressly allows it. RSMo §§ 461.025, 461.033
- State estate or inheritance tax
- No Missouri estate tax is imposed for deaths on or after January 1, 2005, and no Missouri estate tax return is required; the tax is tied to the federal state death tax credit, which is no longer allowed. Missouri has no inheritance tax. RSMo § 145.011; Missouri Department of Revenue
Last verified: 2026-10-25
Wills
| Requirements for a valid will | Any person of sound mind who is 18 or older, or a minor emancipated by court order, marriage or active military duty, may make a will. The will must be in writing, signed by the testator (or by someone at the testator's direction and in the testator's presence), and attested by two or more competent witnesses who sign in the testator's presence. Source: RSMo §§ 474.310, 474.320 |
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| Handwritten (holographic) wills | Missouri law has no exception for handwritten, unwitnessed wills; every will must be signed and attested by at least two competent witnesses. Source: RSMo § 474.320 |
| Self-proving affidavit | A will can be made self-proved at signing or at any later date: the testator and witnesses appear before an officer authorized to administer oaths (such as a notary), are sworn, and the officer attaches a certificate stating the will was properly signed and witnessed. Source: RSMo § 474.337 |
If there is no will
| Who inherits without a will | The surviving spouse takes the entire estate if there are no descendants. If all descendants are also the spouse's, the spouse takes the first $20,000 plus one-half of the rest; if any descendant is not the spouse's, the spouse takes one-half. The remainder (or the whole estate with no spouse) goes to children and their descendants; if none, to parents, siblings and their descendants equally; then grandparents, uncles and aunts and their descendants; then more remote ancestors. Collateral relatives beyond the ninth degree do not inherit. Source: RSMo § 474.010 |
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| Surviving spouse's share | When a married person dies with a will, the surviving spouse may elect to take one-half of the estate (subject to claims) if the decedent left no lineal descendants, or one-third if there are lineal descendants, in addition to exempt property and the family allowance. Source: RSMo § 474.160 |
Probate
| Probate steps | An application for letters is filed in the probate division. Once letters issue, the clerk publishes notice of letters once a week for four consecutive weeks and mails a copy to each known heir and devisee. The personal representative files an inventory and appraisement within 30 days after letters are granted (unless the court allows more time), pays allowed claims, and files settlements leading to final distribution and discharge. Source: RSMo §§ 473.033, 473.233 |
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| Simplified probate | Refusal of letters: the court may refuse letters when the estate does not exceed the exempt property and family allowances and the spouse or unmarried minor children apply, or, for a creditor (including someone who paid funeral expenses), when the personal estate is $15,000 or less and there is no surviving spouse or unmarried minor child. A bond is generally required unless waived. Source: RSMo § 473.090 |
| Small estate affidavit | If the entire estate, less liens, debts and encumbrances, is $40,000 or less, a distributee (or the personal representative named in a will) may file a small estate affidavit with the probate division at least 30 days after death, if no application for letters is pending or granted. A bond is generally required unless the court waives it. Real estate may pass this way; the affidavit and clerk's certificate are recorded with the recorder of deeds. If the property listed is over $15,000, the clerk publishes notice to creditors for two weeks. Source: RSMo § 473.097 |
| Deadline for creditor claims | Claims must be filed in the probate division within 6 months after the first publication of notice of letters (or, for a creditor mailed or served notice, 2 months after mailing or service, whichever is later). Most claims are barred 1 year after death whether or not an estate is opened. Source: RSMo §§ 473.360, 473.444 |
| Who can be executor | A person under 18, of unsound mind, under legal disability from a criminal conviction, or a habitual drunkard may not serve; full-time judges and court clerks may serve only for close relatives. A nonresident may serve but must first file a designation of a Missouri resident agent. A bond is generally required, but the will may express a wish that no bond be required and the court may waive bond for good cause. Source: RSMo §§ 473.117, 473.160 |
| Finding probate court records | Probate matters, including granting letters testamentary and of administration, settling personal representatives' accounts, construing wills during administration and determining heirship, are heard by the probate division of the circuit court (RSMo 472.020). Source: RSMo 472.020 |
Deeds and transferring a house
| Signing and recording a deed | A deed must be signed by the grantor (or a lawful agent), acknowledged before a notary public or other authorized officer, and state whether each individual grantor is married or unmarried. It is recorded with the county recorder of deeds; the first page must show the title, date, grantor names and marital status, grantee names, statutory addresses and legal description, with a 3-inch top margin. No state real estate transfer tax provision was identified in the sections reviewed. Source: RSMo §§ 442.130, 442.150, 59.310 |
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| Transfer-on-death deed | Yes (beneficiary deed). The deed must expressly state that it does not take effect until the owner's death and must be executed and recorded with the recorder of deeds in the county where the property is located before the owner's death. No consideration or delivery to the beneficiary is required. A beneficiary designation may be revoked or changed during the owner's lifetime, but not by will unless the designation expressly allows it. Source: RSMo §§ 461.025, 461.033 |
Power of attorney and health care directives
| Financial power of attorney | A power of attorney is durable only if it is titled "Durable Power of Attorney" and states that the agent's authority does not end if the principal becomes disabled or incapacitated. It must be in writing, signed and dated by the principal, and acknowledged (notarized) like a real estate deed. Missouri does not provide a mandatory statutory form. Source: RSMo § 404.705 |
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| Health care directive | A durable power of attorney for health care must meet the same requirements as a durable power of attorney: in writing, signed, dated, acknowledged before a notary, with durability language; authority over artificial nutrition and hydration must be specifically granted. A living will declaration must be in writing, dated and signed by a competent person; unless entirely in the declarant's handwriting, it must be signed by two adult witnesses. A sample (optional) declaration form is in statute. |
| Official power of attorney forms | Missouri does not set out a fill-in statutory financial power of attorney form on the opened pages; instead, a durable power of attorney must be titled "Durable Power of Attorney," contain one of the durability statements prescribed by statute (for example, "THIS IS A DURABLE POWER OF ATTORNEY AND THE AUTHORITY OF MY ATTORNEY IN FACT SHALL NOT TERMINATE..."), and be signed by the principal and dated and acknowledged in the manner required for real estate conveyances (RSMo 404.705). An agent under a health care power of attorney may direct withholding or withdrawal of artificially supplied nutrition and hydration only if the power of attorney specifically grants that authority (RSMo 404.820). RSMo 459.015 provides a living will "Declaration" form; unless written entirely in the declarant's own handwriting, it must be signed in the presence of two or more witnesses at least 18 years old, neither of whom signed for the declarant. Health care: https://revisor.mo.gov/main/OneSection.aspx?section=404.820 ; living will declaration: https://revisor.mo.gov/main/OneSection.aspx?section=459.015 Source: RSMo 404.705, 404.820, 459.015 |
Estate and inheritance tax
| State estate or inheritance tax | No Missouri estate tax is imposed for deaths on or after January 1, 2005, and no Missouri estate tax return is required; the tax is tied to the federal state death tax credit, which is no longer allowed. Missouri has no inheritance tax. If the federal state death tax credit were reinstated, Missouri estate tax returns would again be required. |
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Planning documents and avoiding probate
| Living will / advance directive | Any competent person may sign a 'declaration' directing that death-prolonging procedures be withheld or withdrawn if they have a terminal condition. It must be in writing, dated, and signed by the declarant (or by another person in the declarant's presence and at their direction), and, unless it is wholly in the declarant's handwriting, signed in the presence of two or more witnesses at least 18 years old (the person who signed for the declarant cannot be a witness). The statute gives an optional sample Declaration form. The declarant is responsible for telling the attending physician about it. Source: RSMo § 459.015 |
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| Medical power of attorney | Missouri uses a 'durable power of attorney for health care' under the Durable Power of Attorney for Health Care Act (RSMo 404.800 to 404.872). To be durable, a power of attorney must be called a 'Durable Power of Attorney,' include the statutory durability language, and be signed by the principal, dated, and acknowledged before a notary (the way real estate deeds are acknowledged). Authority to have artificially supplied nutrition and hydration withheld or withdrawn must be granted specifically in the document, and an agent may never authorize withdrawal of food or water the patient can take naturally with intent to cause death. Durability and signing requirements: https://revisor.mo.gov/main/OneSection.aspx?section=404.705 Source: RSMo §§ 404.705, 404.820 |
| Revocable living trust | Missouri adopted the Uniform Trust Code (RSMo Chapter 456). For trusts created by instruments signed on or after January 1, 2005, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Revocation or amendment follows the method in the trust or, if none is provided, any method showing clear and convincing evidence of intent, including a later probated will or codicil that identifies the trust. An agent under a power of attorney can revoke or amend only if the trust or the power expressly allows it. Only property titled in the trust avoids probate. Source: RSMo § 456.6-602 |
| Ways to avoid probate | Missouri's Nonprobate Transfers Law allows: beneficiary deeds for real estate, recorded before the owner's death (RSMo § 461.025); transfer-on-death (beneficiary form) vehicle and trailer titles (RSMo § 301.681); payable-on-death and transfer-on-death designations on accounts and securities (RSMo Chapter 461); and revocable trusts (RSMo § 456.6-602). Small estates of limited value can use a small estate affidavit (RSMo § 473.097). Beneficiary deed: https://revisor.mo.gov/main/OneSection.aspx?section=461.025 |
Executors and heirs
| Executor's duties | Within 30 days after letters are granted (unless the court allows more time), the personal representative must file an inventory and appraisement of all the decedent's property, classified by type, with any liens. Notice of letters is published so creditors can file claims, which are barred unless filed within six months after first publication. The representative must file a statement of accounts for settlement every year on the anniversary of letters until administration is complete, and must file a final settlement on the first court day after six months and ten days from first publication of notice of letters, or as soon after as administration is completed. Inventory: https://revisor.mo.gov/main/OneSection.aspx?section=473.233; creditor claims: https://revisor.mo.gov/main/OneSection.aspx?section=473.360 |
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| Letters testamentary | Estates are opened in the probate division of the circuit court. 'Letters testamentary' are granted to the personal representative named in the will; if none qualifies, to another qualified person. Without a will, 'letters of administration' go first to the surviving spouse, then to one or more of those entitled to distribution whom the court believes will best manage the estate; a person with priority may nominate someone else. A nonresident may be appointed. Disqualifications and bond rules: RSMo §§ 473.117, 473.160. Source: RSMo § 473.110 |
| Affidavit / determination of heirship | Missouri uses a court 'determination of heirship.' If no administration has been started within one year after death and no will was presented for probate in time, anyone claiming property as an heir (or through an heir) may petition the probate division to determine the heirs and their shares. Notice is published once a week for four consecutive weeks and mailed to known claimants. The court's decree is conclusive as to the parties, and a certified copy must be recorded in each county where described real estate is located. Source: RSMo § 473.663 |
| Transferring a car after death | If the title names a Transfer on Death (TOD) beneficiary, the beneficiary gets a new title on proof of death and surrender of the title. A surviving spouse or unmarried minor child may title one vehicle without a probate order by submitting an Application for Missouri Title and License (Form 108), the title in the deceased's name, a copy of proof of death, a notarized Affidavit to Establish Title to Exempt Property (Form 2305), and an $8.50 title fee plus $9 processing fee. Otherwise, the vehicle must go through probate: submit Form 108, the title assigned by the administrator, executor or personal representative, and the original or certified Letters of Administration, Letters Testamentary or Small Estate Certificate/Affidavit, with a $17.50 title fee. A surviving co-owner removes the deceased's name with proof of death and the unassigned title. |
Official Missouri forms
- Declaration (living will) sample form in RSMo § 459.015
- DOR Titling and Registration FAQ (Forms 108 and 2305 for deceased owners)
Probate court and deed recording by county
- St. Louis County
- St. Louis City
- Greene County (Springfield)
- Boone County (Columbia)
- St. Charles County (St. Charles, O'Fallon, St. Peters)
Missouri estate law FAQ
What makes a will valid in Missouri?
Any person of sound mind who is 18 or older, or a minor emancipated by court order, marriage or active military duty, may make a will. The will must be in writing, signed by the testator (or by someone at the testator's direction and in the testator's presence), and attested by two or more competent witnesses who sign in the testator's presence.
Is a handwritten will valid in Missouri?
Missouri law has no exception for handwritten, unwitnessed wills; every will must be signed and attested by at least two competent witnesses.
Does a will need to be notarized in Missouri?
A will can be made self-proved at signing or at any later date: the testator and witnesses appear before an officer authorized to administer oaths (such as a notary), are sworn, and the officer attaches a certificate stating the will was properly signed and witnessed.
Who inherits if someone dies without a will in Missouri?
The surviving spouse takes the entire estate if there are no descendants. If all descendants are also the spouse's, the spouse takes the first $20,000 plus one-half of the rest; if any descendant is not the spouse's, the spouse takes one-half. The remainder (or the whole estate with no spouse) goes to children and their descendants; if none, to parents, siblings and their descendants equally; then grandparents, uncles and aunts and their descendants; then more remote ancestors. Collateral relatives beyond the ninth degree do not inherit.
What is a surviving spouse entitled to in Missouri?
When a married person dies with a will, the surviving spouse may elect to take one-half of the estate (subject to claims) if the decedent left no lineal descendants, or one-third if there are lineal descendants, in addition to exempt property and the family allowance.
What is the small estate limit in Missouri?
If the entire estate, less liens, debts and encumbrances, is $40,000 or less, a distributee (or the personal representative named in a will) may file a small estate affidavit with the probate division at least 30 days after death, if no application for letters is pending or granted. A bond is generally required unless the court waives it. Real estate may pass this way; the affidavit and clerk's certificate are recorded with the recorder of deeds. If the property listed is over $15,000, the clerk publishes notice to creditors for two weeks.
Is there a simplified probate process in Missouri?
Refusal of letters: the court may refuse letters when the estate does not exceed the exempt property and family allowances and the spouse or unmarried minor children apply, or, for a creditor (including someone who paid funeral expenses), when the personal estate is $15,000 or less and there is no surviving spouse or unmarried minor child. A bond is generally required unless waived.
How does probate work in Missouri?
An application for letters is filed in the probate division. Once letters issue, the clerk publishes notice of letters once a week for four consecutive weeks and mails a copy to each known heir and devisee. The personal representative files an inventory and appraisement within 30 days after letters are granted (unless the court allows more time), pays allowed claims, and files settlements leading to final distribution and discharge.
How long do creditors have to file claims against an estate in Missouri?
Claims must be filed in the probate division within 6 months after the first publication of notice of letters (or, for a creditor mailed or served notice, 2 months after mailing or service, whichever is later). Most claims are barred 1 year after death whether or not an estate is opened.
Who can be an executor in Missouri?
A person under 18, of unsound mind, under legal disability from a criminal conviction, or a habitual drunkard may not serve; full-time judges and court clerks may serve only for close relatives. A nonresident may serve but must first file a designation of a Missouri resident agent. A bond is generally required, but the will may express a wish that no bond be required and the court may waive bond for good cause.
Does Missouri allow transfer-on-death deeds?
Yes (beneficiary deed). The deed must expressly state that it does not take effect until the owner's death and must be executed and recorded with the recorder of deeds in the county where the property is located before the owner's death. No consideration or delivery to the beneficiary is required. A beneficiary designation may be revoked or changed during the owner's lifetime, but not by will unless the designation expressly allows it.
What does a quitclaim deed need to be valid in Missouri?
A deed must be signed by the grantor (or a lawful agent), acknowledged before a notary public or other authorized officer, and state whether each individual grantor is married or unmarried. It is recorded with the county recorder of deeds; the first page must show the title, date, grantor names and marital status, grantee names, statutory addresses and legal description, with a 3-inch top margin.
What are the requirements for a power of attorney in Missouri?
A power of attorney is durable only if it is titled "Durable Power of Attorney" and states that the agent's authority does not end if the principal becomes disabled or incapacitated. It must be in writing, signed and dated by the principal, and acknowledged (notarized) like a real estate deed. Missouri does not provide a mandatory statutory form.
What are the requirements for a health care directive in Missouri?
A durable power of attorney for health care must meet the same requirements as a durable power of attorney: in writing, signed, dated, acknowledged before a notary, with durability language; authority over artificial nutrition and hydration must be specifically granted. A living will declaration must be in writing, dated and signed by a competent person; unless entirely in the declarant's handwriting, it must be signed by two adult witnesses. A sample (optional) declaration form is in statute.
Does Missouri have an estate or inheritance tax?
No Missouri estate tax is imposed for deaths on or after January 1, 2005, and no Missouri estate tax return is required; the tax is tied to the federal state death tax credit, which is no longer allowed. Missouri has no inheritance tax.
How do I make a living will in Missouri?
Any competent person may sign a 'declaration' directing that death-prolonging procedures be withheld or withdrawn if they have a terminal condition. It must be in writing, dated, and signed by the declarant (or by another person in the declarant's presence and at their direction), and, unless it is wholly in the declarant's handwriting, signed in the presence of two or more witnesses at least 18 years old (the person who signed for the declarant cannot be a witness). The statute gives an optional sample Declaration form. The declarant is responsible for telling the attending physician about it.
How do I make a medical power of attorney in Missouri?
Missouri uses a 'durable power of attorney for health care' under the Durable Power of Attorney for Health Care Act (RSMo 404.800 to 404.872). To be durable, a power of attorney must be called a 'Durable Power of Attorney,' include the statutory durability language, and be signed by the principal, dated, and acknowledged before a notary (the way real estate deeds are acknowledged). Authority to have artificially supplied nutrition and hydration withheld or withdrawn must be granted specifically in the document, and an agent may never authorize withdrawal of food or water the patient can take naturally with intent to cause death.
How do living trusts work in Missouri?
Missouri adopted the Uniform Trust Code (RSMo Chapter 456). For trusts created by instruments signed on or after January 1, 2005, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Revocation or amendment follows the method in the trust or, if none is provided, any method showing clear and convincing evidence of intent, including a later probated will or codicil that identifies the trust. An agent under a power of attorney can revoke or amend only if the trust or the power expressly allows it. Only property titled in the trust avoids probate.
What does an executor have to do in Missouri?
Within 30 days after letters are granted (unless the court allows more time), the personal representative must file an inventory and appraisement of all the decedent's property, classified by type, with any liens. Notice of letters is published so creditors can file claims, which are barred unless filed within six months after first publication. The representative must file a statement of accounts for settlement every year on the anniversary of letters until administration is complete, and must file a final settlement on the first court day after six months and ten days from first publication of notice of letters, or as soon after as administration is completed.
How do I get letters testamentary in Missouri?
Estates are opened in the probate division of the circuit court. 'Letters testamentary' are granted to the personal representative named in the will; if none qualifies, to another qualified person. Without a will, 'letters of administration' go first to the surviving spouse, then to one or more of those entitled to distribution whom the court believes will best manage the estate; a person with priority may nominate someone else. A nonresident may be appointed.
Does Missouri have an affidavit of heirship?
Missouri uses a court 'determination of heirship.' If no administration has been started within one year after death and no will was presented for probate in time, anyone claiming property as an heir (or through an heir) may petition the probate division to determine the heirs and their shares. Notice is published once a week for four consecutive weeks and mailed to known claimants. The court's decree is conclusive as to the parties, and a certified copy must be recorded in each county where described real estate is located.
How can you avoid probate in Missouri?
Missouri's Nonprobate Transfers Law allows: beneficiary deeds for real estate, recorded before the owner's death (RSMo § 461.025); transfer-on-death (beneficiary form) vehicle and trailer titles (RSMo § 301.681); payable-on-death and transfer-on-death designations on accounts and securities (RSMo Chapter 461); and revocable trusts (RSMo § 456.6-602). Small estates of limited value can use a small estate affidavit (RSMo § 473.097).
Where can I get a power of attorney form in Missouri?
Missouri does not set out a fill-in statutory financial power of attorney form on the opened pages; instead, a durable power of attorney must be titled "Durable Power of Attorney," contain one of the durability statements prescribed by statute (for example, "THIS IS A DURABLE POWER OF ATTORNEY AND THE AUTHORITY OF MY ATTORNEY IN FACT SHALL NOT TERMINATE..."), and be signed by the principal and dated and acknowledged in the manner required for real estate conveyances (RSMo 404.705). An agent under a health care power of attorney may direct withholding or withdrawal of artificially supplied nutrition and hydration only if the power of attorney specifically grants that authority (RSMo 404.820). RSMo 459.015 provides a living will "Declaration" form; unless written entirely in the declarant's own handwriting, it must be signed in the presence of two or more witnesses at least 18 years old, neither of whom signed for the declarant.
How do I search probate court records in Missouri?
Probate matters, including granting letters testamentary and of administration, settling personal representatives' accounts, construing wills during administration and determining heirship, are heard by the probate division of the circuit court (RSMo 472.020).
How do I transfer a car title after someone dies in Missouri?
If the title names a Transfer on Death (TOD) beneficiary, the beneficiary gets a new title on proof of death and surrender of the title. A surviving spouse or unmarried minor child may title one vehicle without a probate order by submitting an Application for Missouri Title and License (Form 108), the title in the deceased's name, a copy of proof of death, a notarized Affidavit to Establish Title to Exempt Property (Form 2305), and an $8.50 title fee plus $9 processing fee. Otherwise, the vehicle must go through probate: submit Form 108, the title assigned by the administrator, executor or personal representative, and the original or certified Letters of Administration, Letters Testamentary or Small Estate Certificate/Affidavit, with a $17.50 title fee. A surviving co-owner removes the deceased's name with proof of death and the unassigned title.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.