How to Avoid Probate in Missouri
The legal ways to pass property outside probate in Missouri: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: 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); RSMo §§ 461.025, 301.681, 456.6-602, 473.097
| 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 |
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| 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 |
| 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 |
More Missouri estate law
- Medical Power of Attorney in Missouri
- Small Estate Affidavit in Missouri
- Power of Attorney in Missouri
- Quitclaim Deeds and Transferring Property in Missouri
- Who Inherits If You Die Without a Will in Missouri
- How to Make a Valid Will in Missouri
- How Probate Works in Missouri
- Living Wills and Advance Directives in Missouri
- Revocable Living Trusts in Missouri
- Executor Duties in Missouri
- Letters Testamentary in Missouri
- Affidavit of Heirship in Missouri
- Transferring a Car After Someone Dies in Missouri
- All Missouri wills, probate and estate rules
FAQ
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).
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.
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.
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.