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Missouri law

Estate Planning Laws in Missouri.

Missouri estate administration proceeds through the Probate Division of the Circuit Court. Missouri has enacted the Uniform Trust Code and the Uniform Probate Code's non-probate transfer provisions. Missouri recognizes holographic wills entirely in the testator's handwriting. A simplified Small Estate affidavit is available for estates with personal property under $40,000. Missouri permits Beneficiary Deeds for real estate (unique nonprobate transfer) and Transfer-on-Death titling for vehicles and securities. Missouri is not a community-property state; surviving spouse has an elective share.

Last verified: 2026-04-17

State law

Key Missouri Statutes

Execution of WillsRSMo § 474.320

A will must be in writing, signed by the testator, and attested by two or more competent witnesses who subscribe in the presence of the testator.

Holographic WillsRSMo § 474.320 (via common law)

Missouri generally requires witnessed wills; holographic wills are not independently valid unless they satisfy the attestation requirements, but wills executed in states that recognize holographic wills may be enforced here.

Missouri Uniform Trust CodeRSMo §§ 456.1-101 — 456.11-1106

Comprehensive trust code governing creation, modification, termination, and administration of trusts, including duties of trustees and rights of beneficiaries.

Small Estate AffidavitRSMo § 473.097

Personal property estates valued at $40,000 or less may be transferred by affidavit 30 days after death, bypassing formal probate.

Beneficiary DeedRSMo § 461.025

Missouri allows owners of real estate to name beneficiaries via a recorded Beneficiary Deed, transferring title automatically at death without probate. The deed is revocable during life.

Spousal Elective ShareRSMo § 474.160

A surviving spouse may renounce the will and take one-third (if there are descendants) or one-half (if no descendants) of the decedent's estate.

Durable Power of Attorney for Health CareRSMo § 404.800 et seq.

Missouri permits durable powers of attorney for health care decisions, authorizing agents to make medical decisions when the principal is incapacitated.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Missouri.

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