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Living trust or probate

Missouri

A funded revocable living trust lets the successor trustee handle assets titled to the trustee. Property left in your own name can still be a probate matter in Missouri.

CourtProbate Division of the Circuit Court

Where the estate is opened.

Small-estate figure$40,000

Only if the statute's conditions are met. Read the section below.

TaxNo current estate tax

See the tax section for the exemption or the repeal.

Living trust or probate

A revocable living trust holds assets you title in the trustee's name. You can serve as trustee while you are able.

At death, the successor trustee handles those assets. Property you leave in your own name can still go through the probate court. A pour-over will sends leftover assets into the trust, and those leftover assets may pass through probate first.

The probate path

In Missouri, the estate is opened in the Probate Division of the Circuit Court.

Section 473.097 directs the small-estate affidavit and the clerk's certificate to the probate division, and its published notice is given by the clerk of the probate division of the circuit court. When letters are issued and the will provides no compensation, or there is no will, or the personal representative renounces the will's compensation, section 473.153 sets minimum compensation for one personal representative as stated percentages of the value of the personal property administered and of the proceeds of all real property sold under order of the probate court. The court shall allow additional compensation above that minimum so that compensation is reasonable and adequate.

Source: RSMo 473.097, Small estate affidavit

Fees

In Missouri, probate compensation is a statutory minimum.

RSMo 473.153 sets minimum compensation for one personal representative, when the will does not fix compensation or the representative renounces it, as these percentages of the value of the personal property administered and of the proceeds of all real property sold under order of the probate court: on the first $5,000, 5 percent; on the next $20,000, 4 percent; on the next $75,000, 3 percent; on the next $300,000, 2 3/4 percent; on the next $600,000, 2 1/2 percent; on all over $1,000,000, 2 percent. If reasonable compensation exceeds that minimum, the court shall allow additional compensation. Attorneys performing services at the instance of the personal representative are allowed minimum compensation equal to the same percentages, and the court shall allow additional compensation above that minimum when reasonable.

Source: RSMo 473.153, Compensation of personal representatives, accountants and attorneys

Calculator

Probate cost

The result is the statutory schedule on this page applied to the amount you enter.

the value of the personal property administered and of the proceeds of all real property sold under order of the probate court

Small estate

Missouri's small-estate figure on this page is $40,000 when the statute's conditions are met.

RSMo 473.097 lets distributees take personal property and real property without letters if the value of the entire estate, less liens, debt, and encumbrances, does not exceed forty thousand dollars; 30 days have elapsed since death and no application for letters, administration, or refusal of letters is pending or has been granted; a bond approved by the judge or clerk of the probate division is filed unless the court dispenses with it; and the statutory fee is paid. Property held as tenants by the entirety or joint tenants is not included in the affidavit's "property of the decedent." If the listed property is more than fifteen thousand dollars, the clerk publishes a notice to creditors.

Source: RSMo 473.097, Small estate, distribution of assets without letters

Estate or inheritance tax

Missouri has no current estate tax on the page linked below.

RSMo 145.1000 states that if the federal estate tax imposed pursuant to Section 2011 of the Internal Revenue Code is repealed, then no tax shall be imposed on the transfer of a decedent's estate in Missouri. The revisor's note on that official page states that Section 2011 was repealed effective December 19, 2014, and marks the section effective date as 12-19-14.

Source: RSMo 145.1000, Repeal of federal estate tax, effect on state tax

Questions

The answers use the same statute and court pages as the sections above.

Does a living trust avoid probate in Missouri?

A revocable living trust holds the assets you title in the trustee's name. The successor trustee handles those assets. Property still titled in your own name can be a probate matter. A pour-over will can send leftover assets into the trust, and those leftover assets may still pass through probate first.

What is the small-estate procedure in Missouri?

RSMo 473.097 lets distributees take personal property and real property without letters if the value of the entire estate, less liens, debt, and encumbrances, does not exceed forty thousand dollars; 30 days have elapsed since death and no application for letters, administration, or refusal of letters is pending or has been granted; a bond approved by the judge or clerk of the probate division is filed unless the court dispenses with it; and the statutory fee is paid. Property held as tenants by the entirety or joint tenants is not included in the affidavit's "property of the decedent." If the listed property is more than fifteen thousand dollars, the clerk publishes a notice to creditors.

How are probate fees set in Missouri?

RSMo 473.153 sets minimum compensation for one personal representative, when the will does not fix compensation or the representative renounces it, as these percentages of the value of the personal property administered and of the proceeds of all real property sold under order of the probate court: on the first $5,000, 5 percent; on the next $20,000, 4 percent; on the next $75,000, 3 percent; on the next $300,000, 2 3/4 percent; on the next $600,000, 2 1/2 percent; on all over $1,000,000, 2 percent. If reasonable compensation exceeds that minimum, the court shall allow additional compensation. Attorneys performing services at the instance of the personal representative are allowed minimum compensation equal to the same percentages, and the court shall allow additional compensation above that minimum when reasonable.

Does Missouri tax an estate or an inheritance?

RSMo 145.1000 states that if the federal estate tax imposed pursuant to Section 2011 of the Internal Revenue Code is repealed, then no tax shall be imposed on the transfer of a decedent's estate in Missouri. The revisor's note on that official page states that Section 2011 was repealed effective December 19, 2014, and marks the section effective date as 12-19-14.

Sources

These are the statute and court pages used above.

TaxFreeTrusts

TaxFreeTrusts writes the guides on this site and drafts the will and living trust packets at the prices posted on the page. Dollar figures in the guides are copied from the statute, IRS page, or court site linked beside them.