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
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.
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.
Comprehensive trust code governing creation, modification, termination, and administration of trusts, including duties of trustees and rights of beneficiaries.
Personal property estates valued at $40,000 or less may be transferred by affidavit 30 days after death, bypassing formal probate.
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.
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.
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.
Next step
Move from state law into guided help or attorney search.
If you want help applying this information to your situation, start with guided help or browse attorneys for this issue in Missouri.
More in Missouri
Other state law topics.
Personal Injury Laws·Criminal Defense Laws·Family Laws·Immigration Laws·Employment Laws·Bankruptcy Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Wrongful Death Laws·Product Liability Laws·Long-Term Disability & ERISA Laws·Probate Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Nursing Home Abuse & Neglect Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws·Construction Defect Laws·Insurance Disputes Laws·Premises Liability Laws·Commercial Litigation Laws·Environmental Laws·Securities & Finance Laws·Municipal Laws·Administrative Laws