Missouri has no state estate tax and no inheritance tax, so beneficiaries owe nothing to the state. Estates valued at 40,000 dollars or less, after debts and liens, can often skip full probate using a small estate affidavit under RSMo 473.097. A will still needs to be signed and witnessed by two people under RSMo 474.320 to be valid.
Whether you are in St. Louis, Kansas City, or a small town along the river, Missouri's small estate procedure can save real time and expense for a modest estate, while larger or contested estates still need full probate. This guide covers both paths along with the will rules that apply either way.
Does Missouri Have an Estate or Inheritance Tax?
No. Missouri does not impose a state estate tax or an inheritance tax on beneficiaries. Your estate may still need to address federal estate tax if it exceeds the federal exemption, but that threshold is far above what most Missouri households hold. This shifts the practical planning focus in Missouri toward avoiding intestacy, choosing the right probate path, and keeping beneficiary designations current.
Missouri's Small Estate Affidavit
Under RSMo 473.097, an estate valued at 40,000 dollars or less, excluding liens, debt, and encumbrances, can be distributed using a small estate affidavit rather than full probate administration. The procedure requires at least 30 days to have passed since the death, a bond covering the value of the personal property, and, for estates over 15,000 dollars, published notice to creditors for two consecutive weeks. Some counties, including St. Louis and Jackson County, require the affidavit to be filed by an attorney, so confirm local rules before assuming you can handle it without one.
What Happens Without a Will in Missouri
Dying intestate in Missouri means the probate court applies a fixed statutory formula. A surviving spouse generally shares the estate with children rather than inheriting everything outright, with the exact split depending on whether the children are also the spouse's children. Unmarried people without children typically see the estate pass to parents, then siblings. A judge also appoints a guardian for minor children without family input if no will names one.
How to Make a Valid Will in Missouri
Under RSMo 474.320, every Missouri will must be in writing, signed by the testator (or by someone else at the testator's direction and in the testator's presence), and attested by two or more competent witnesses who sign in the testator's presence. A self-proving affidavit, signed before a notary at the time of execution or later, lets the will be admitted to probate without requiring witness testimony. writing your own will with this signing order built in from the start avoids the most common reason a Missouri will is challenged: missing or improperly executed witness signatures.
Wills, Trusts, and Probate Strategy in Missouri
A revocable living trust lets Missouri residents transfer assets to beneficiaries without full probate, offering both speed and privacy compared to a will alone. An irrevocable trust can add creditor protection and potential tax advantages, at the cost of giving up direct control over the assets. Family limited partnerships and strategically used life insurance are also common Missouri planning tools, particularly for business owners. Reading the difference between a will and a trust helps you decide whether the added complexity of a trust is worth it for your estate size and family structure.
A Worked Example: A Modest Estate Under 40,000 Dollars
Consider a Missouri resident who passes away owning a car, a small bank account, and no real estate, with a total probate estate value of 30,000 dollars. Because this falls under the 40,000 dollar small estate threshold, the family can likely use the RSMo 473.097 affidavit process instead of opening full probate, saving significant time and filing costs. Adding even a modest piece of real estate, however, or exceeding the dollar threshold, would generally require the family to use the standard probate process instead.
Common Mistakes to Avoid
- Assuming every estate qualifies for the small estate affidavit regardless of value
- Signing a will without two competent witnesses present
- Not checking whether the local county requires an attorney to file the small estate affidavit
- Believing a will alone avoids probate
- Leaving retirement accounts and life insurance beneficiary designations outdated for years
FastWill's online will package gives Missouri residents a properly witnessed will as the foundation, with a trust available if your estate outgrows the small estate threshold. Compare plans and pricing to find the right plan.
Digital Assets and Reviewing Your Missouri Plan
A complete Missouri estate plan should also address digital assets, including online banking, cryptocurrency, and cloud-stored files that a personal representative cannot access without proper authority or instructions. Keep a separate, securely stored list of accounts rather than including passwords in the will itself, since the will becomes a public record once it is filed with the probate court. Review your Missouri plan after a marriage, divorce, home purchase, or the birth of a child, and confirm the small estate threshold has not changed before relying on it.
Frequently Asked Questions
What is Missouri's small estate threshold?
40,000 dollars or less, excluding liens, debt, and encumbrances, per RSMo 473.097. Qualifying estates can use a small estate affidavit instead of full probate.
Does Missouri have an estate or inheritance tax?
No. Missouri has no state estate tax and no inheritance tax on beneficiaries.
How many witnesses does a Missouri will need?
Two or more competent witnesses who sign in the testator's presence, per RSMo 474.320.
Do all Missouri counties handle small estate affidavits the same way?
No. Some counties, including St. Louis and Jackson County, require the affidavit to be filed by an attorney. Confirm local rules before filing.
What happens if a Missouri resident dies without a will?
State intestacy law decides who inherits, generally a surviving spouse and children under a fixed formula, and a court appoints a guardian for minor children without family input.
