Estate planning rules in Missouri

Wills and inheritance

A Missouri will is written, signed by the testator or a directed signer in the testator's presence, and attested by two competent witnesses in the testator's presence.

Under Missouri intestacy law, a surviving spouse receives the first $20,000 of the intestate estate plus one-half of the balance if all surviving issue are also issue of the surviving spouse. Missouri collateral relatives are barred from inheriting unless related to the decedent at least as closely as the ninth degree.

A Missouri surviving spouse electing against a will receives one-half of the estate if there are no lineal descendants, or one-third if there are lineal descendants. Missouri makes that share subject to claims and adds exempt property and the allowance. Missouri offsets any homestead allowance against the elective share.

Probate and beneficiary deeds

A Missouri small estate affidavit has conditions concerning elapsed time and estate administration. Missouri's affidavit procedure calls for thirty days to have elapsed since death, with no application for letters or administration pending or granted.

Missouri excludes property held as tenants by the entirety or joint tenants from the decedent's property itemized in the affidavit. Missouri directs the clerk to publish a newspaper notice to creditors when the property listed in the affidavit is worth more than fifteen thousand dollars.

A Missouri beneficiary deed is executed and filed of record with the recorder of deeds where the real property is situated before the owner's death. Missouri permits a transfer-on-death deed of real property to a trust, whether the trust is revocable or irrevocable.

Trusts and powers of attorney

A Missouri agent's authority to revoke, amend or distribute revocable trust property depends on express authorization in the trust terms or the power of attorney. A Missouri spendthrift provision is valid if it restrains voluntary transfers, involuntary transfers or both types of transfer of a beneficiary's interest.

A Missouri agent under a durable power of attorney has no duty to act, even during the principal's incapacity, unless the agent expressly agreed in writing to act. Missouri law directs an agent exercising general powers to follow the principal's instructions and act in the principal's best interest, in good faith and prudently.

A Missouri durable power of attorney need not be recorded to bind the principal, agent and third parties, except where recording is necessary for real estate transactions. Missouri permits third parties to rely on an agent with general powers without the document specifically identifying the property, account or act involved.

Guardianship and conservatorship

A Missouri court examines whether a less restrictive alternative can meet the respondent's needs before appointing a guardian or conservator. A Missouri court may order examination by a professional with experience or training in the alleged impairment.

A Missouri court may appoint an emergency guardian ad litem or conservator ad litem for up to ninety days. Missouri provides for a hearing within five business days of filing the petition, except for good cause shown.

Thresholds and rates change. Check the state's own current figures.

Common questions