What Families Need to Know After a Death in Missouri

Missouri has no state estate tax and a relatively straightforward probate process administered through the county Probate Court. Its $40,000 small estate threshold is modest, meaning many families will need to open some form of probate — but unlike many states, Missouri's small estate affidavit can transfer real estate as well as personal property, which softens that threshold in practice. This guide covers the six areas where Missouri law most affects what you need to do after a death.

Probate
Probate & Small Estate Rules in Missouri

Missouri probate is filed with the Probate Court — a division of the Circuit Court — in the county where the deceased lived. The state offers three tiers depending on estate size and complexity, so the first question is always whether the estate can use a simpler path than full administration.

Small estate affidavit

If the value of the deceased's entire estate — real estate and personal property combined, less liens, debts, and encumbrances — is $40,000 or less, an heir (or the executor named in a will already presented for probate) can claim the assets using a small estate affidavit under § 473.097 RSMo. The affidavit can be filed 30 days after death. Unlike many states, Missouri's affidavit is not limited to personal property: a certified copy of the affidavit and clerk's certificate can be recorded with the recorder of deeds in each county where the decedent owned real estate, transferring title without a full probate case. If the listed property is worth more than $15,000, the probate clerk must publish a two-week notice to creditors before the transfer is complete.

Refusal of letters

Missouri also has a separate, narrower procedure called "refusal of letters" (§ 473.090 RSMo), which is easy to confuse with the small estate affidavit but works differently. The Probate Court can decline to appoint an administrator at all in two situations: when the estate isn't worth more than the surviving spouse or minor children's exempt property (specific household items, one vehicle, wearing apparel, and similar) plus the court's discretionary one-year support allowance; or when the personal estate is $15,000 or less, there is no surviving spouse or unmarried minor child, and a creditor applies to collect the estate and pay out the decedent's debts directly. There is no broader, general-purpose version of this shortcut for mid-sized estates — for most estates over $40,000, the realistic options are the small estate affidavit (where it applies) or full probate.

Full probate

Larger or more complex estates go through full probate. Missouri allows independent administration when the will authorizes it, or when all interested heirs and devisees consent (§ 473.780 RSMo) — a procedure that requires minimal ongoing court supervision and lets the personal representative handle most tasks without filing every action with the court. Otherwise, the estate is administered under closer court supervision.

Key rules for full probate:

• Creditor claim period: 6 months from the date of the first published notice of letters, or 2 months after a known creditor was mailed or served notice directly, whichever is later (§ 473.360 RSMo)
• Personal representative compensation: 5% of the first $5,000; 4% of the next $20,000; 3% of the next $75,000; 2.75% of the next $300,000; 2.5% of the next $600,000; and 2% on amounts over $1,000,000 — the same statutory minimum applies to the estate attorney's fee (§ 473.153 RSMo)
• Typical duration: 9–15 months for uncomplicated estates; typical, not guaranteed.

If you are weighing whether to hire an attorney, see probate lawyer costs by state for typical fee ranges, including Missouri. Executor pay is covered in executor fees by state.

Wills
Will Signing Requirements in Missouri

A valid Missouri will requires the signature of the testator — the person making the will — plus two or more competent witnesses who subscribe their names in the testator's presence (§ 474.320 RSMo). Notarization is not required for a standard witnessed will, but adding a self-proving affidavit — a notarized statement from the witnesses — eliminates the need for those witnesses to appear in court during probate. This is a practical step worth taking.

Handwritten (holographic) wills

Missouri does not recognize holographic wills. Every will — handwritten or not — must meet the same two-witness requirement in § 474.320 RSMo; there is no exception for a document written entirely in the testator's own hand. A handwritten note that was not properly witnessed is not a valid will in Missouri, and the estate is treated as if the person had died without a will at all.

Oral (nuncupative) wills

Missouri recognizes oral wills under very narrow conditions (§ 474.340 RSMo): the testator must be in imminent peril of death and must actually die as a result of that peril; the will must be declared before two disinterested witnesses; one of those witnesses must reduce it to writing within 30 days; and it must be submitted for probate within 6 months of death. An oral will can dispose of personal property only, and only up to $500 in total value — in practice this makes it a narrow, largely symbolic option rather than a real substitute for a written will.

Dying without a will

If the deceased left no valid will, Missouri's intestate succession law (§ 474.010 RSMo) determines who inherits. See the Spousal Rights section below for how Missouri distributes assets when there is no will.

Advance Directive
Missouri Advance Directives

Missouri uses two separate documents to cover advance healthcare planning — unlike states that combine them into a single form. Understanding the difference matters when you are settling an estate or trying to locate documents the deceased may have had on file.

Durable Power of Attorney for Health Care (DPAHC)

The DPAHC names a healthcare agent — the person authorized to make medical decisions if the principal becomes incapacitated. To be valid, Missouri's DPAHC must be signed and dated by the principal and the signature acknowledged before a notary public — the same way a real estate deed is acknowledged (§ 404.810 RSMo, incorporating § 404.705). Missouri's DPAHC statute does not require witnesses; notarization takes their place. The agent's authority ends at the moment of death; at that point, the personal representative takes over estate matters.

Declaration (living will)

The Declaration states the principal's preferences for life-sustaining treatment — for example, whether they want mechanical ventilation or artificial nutrition if they are in a terminal condition with no reasonable chance of recovery. Unlike the DPAHC, the Declaration must be signed and dated by the declarant and, unless the entire document is in the declarant's own handwriting, signed by two witnesses who are at least 18 years old (§ 459.015 RSMo). Notarization is not required.

DNR orders

Missouri also has a Do Not Resuscitate (DNR) order — a physician-signed medical form that is distinct from the advance directives. It governs immediate resuscitation decisions and is typically kept with the patient's medical records or in a visible location at home. Families settling an estate sometimes find this form alongside other documents; it does not affect estate administration, but it is important to keep on file for any ongoing care decisions before death occurs.

Spousal Rights
Spousal Rights & Intestate Succession in Missouri

Missouri is not a community property state. Each spouse owns their own property separately — there is no automatic joint ownership of assets acquired during the marriage. This means the surviving spouse's inheritance rights depend on whether the deceased left a valid will and what it says.

Intestate succession

When there is no will, Missouri's intestate succession statute (§ 474.010 RSMo) governs distribution:

• If the deceased left a spouse and descendants who are all also the spouse's descendants (no children from an earlier relationship): the spouse receives the first $20,000 of the estate plus one-half of the remainder; the descendants share the other half.
• If the deceased left a spouse and at least one descendant who is not also the spouse's descendant (for example, a child from an earlier relationship): the spouse receives one-half of the estate outright, with no $20,000 added on top; the descendants share the other half.
• If the deceased left a spouse but no descendants: the spouse takes the entire estate, even if the deceased's parents are still living.
• If there is no surviving spouse, the estate passes to descendants, then parents and siblings, then more distant relatives, in the order set out by statute.

Elective share

Even when there is a will, a surviving spouse in Missouri has the right to claim an elective share rather than accept what the will provides. Under § 474.160 RSMo: the spouse can claim one-half of the estate if the deceased left no lineal descendants, or one-third if the deceased left lineal descendants. This is in addition to any exempt property and family allowance the spouse receives, though any homestead allowance already paid is offset against the elective share (§ 474.290 RSMo). This protects spouses from being disinherited.

Homestead and family allowances

Missouri provides two additional protections for surviving spouses and minor children during estate administration:

• Homestead allowance: $15,000 in real or personal property, set aside for the surviving spouse and minor children before creditors are paid.
• Family allowance: A reasonable amount for the support of the surviving spouse and minor children during the period of estate administration. This is also paid before general creditors.

Vehicle Transfer
Transferring a Vehicle After Death in Missouri

How a vehicle transfers after death in Missouri depends on how title was held and the size of the estate. Missouri offers a simplified path for qualifying situations that avoids the need to open probate just to transfer a car.

Transfer on Death (TOD) beneficiary

Missouri lets vehicle owners name a Transfer on Death beneficiary directly on the title through the Department of Revenue. If the deceased had done this, the named beneficiary can retitle the vehicle with a death certificate at any Missouri DOR license office — no probate and no affidavit required.

Surviving spouse or minor child

If there's no TOD beneficiary, a surviving spouse or unmarried minor child (under 18) can transfer one vehicle titled solely in the deceased's name without going through probate. This requires a completed Application for Missouri Title and License (Form 108), a notarized Affidavit to Establish Title to Exempt Property (Form 2305), the original title, and a copy of the death certificate or obituary.

Other heirs and probate estates

For any other heir, or for more than one vehicle, the vehicle has to go through probate before title can transfer. The personal representative applies for title using Form 108 together with either Letters Testamentary or Letters of Administration, or a Small Estate Certificate/Affidavit under § 473.097, plus the original title and a copy of the death certificate.

Jointly titled vehicles

If the vehicle was titled jointly with right of survivorship — for example, "John Smith OR Jane Smith" — the surviving co-owner can transfer title by presenting a death certificate at any Missouri DOR office. No court involvement is required.

Vehicles in a living trust

Vehicles held in a properly funded revocable living trust transfer to the successor trustee upon death without any court process. This is one of the practical reasons Missouri residents sometimes use living trusts even for modest estates.

Medicaid Recovery
Medicaid Estate Recovery in Missouri

Missouri Medicaid — known as MO HealthNet and administered by the Department of Social Services (DSS) — has the right to seek reimbursement from a deceased beneficiary's estate for long-term care costs paid for beneficiaries aged 55 and older. This is a federal requirement, but states have latitude in how broadly they define the "estate" subject to recovery.

What Missouri can and cannot recover from

Missouri generally limits its recovery to the probate estate; a Missouri court has held that the state's definition of the estate is not broad enough to include non-probate assets, although the state has pursued recovery through other statutes in some cases. Assets that pass outside of probate are generally outside a claim, but confirm with MO HealthNet before you rely on that:

• Accounts and policies with named beneficiary designations (retirement accounts, life insurance, POD bank accounts)
• Property held in joint tenancy with right of survivorship
• Real estate transferred via a Transfer on Death deed
• Assets held in a revocable living trust

This limitation makes non-probate transfer mechanisms — particularly TOD deeds and living trusts — valuable tools for Missouri families with a member who has received or may receive MO HealthNet long-term care benefits.

Recovery waivers

Missouri waives estate recovery in three situations: while a surviving spouse is living; while a minor child is living; and while a blind or disabled child is living (regardless of that child's age). The state can only pursue recovery once all of these protected persons are no longer living.

What to do if you are settling an affected estate

Personal representatives should notify the Missouri DSS before distributing estate assets when the deceased received MO HealthNet long-term care benefits. Failing to do so before distribution can expose the personal representative to personal liability for the recovery amount. Contact DSS's MO HealthNet Estate Recovery unit early in the process — before assets are transferred to heirs.

For how the federal estate recovery rules work, which survivors are protected, and how hardship waivers work, see our guide to Medicaid estate recovery.