Revocable Living Trusts in Missouri
How revocable living trusts work under Missouri law and the other ways to pass property without probate.
Short answer: 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. RSMo § 456.6-602
| 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 |
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| 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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FAQ
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.
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).
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.