Missouri State Specific Information

Will, Trust, Power of Attorney, and Estate Planning

Official state laws:

Missouri Annotated Statutes
Probate jurisdiction rests with the Circuit Court
Probate laws are primarily under Title XXXI (31)

Minimum age requirement to:

Distribute property by will: 18 (Section 474.310)
Which minor gets property: 21

Holographic will NOT recognized (No Section exists)

State taxes:

Estate tax: Equal to federal credit for state death taxes (Title 10, Section 145.011)
State gift tax:Inheritance tax: No inheritance tax (Title 10, Section 145.011)
- No state gift tax(Title 10, Section 145.011)
- Anatomical Gift Act (Sections 194.210 to 194.290)
Inheritance tax: No inheritance tax (Title 10, Section 145.011)

Default rules: How property is distributed if there is no will, i.e. laws of intestate succession: (Section 474.010)

No surviving spouse, but there are surviving children:
- All of the estate goes to the surviving children split equally among them or to their children in accordance to their per stirpes share
Surviving spouse and
- Children of surviving spouse:
  - $20,000 and one-half (1/2) of your estate to your surviving spouse, and
  - The other one-half (1/2), split equally among the surviving children or to their children according to their per stirpes share
  - Children not of the surviving spouse (for example your children from a previous marriage):
    - one-half (1/2) of your estate to your surviving spouse, and
    - the other one-half (1/2), split equally among the surviving children or to their children according to their per stirpes share
    - No children and both of your parents of deceased:
      - All of your estate will pass to your spouse
    - No children, but at least one of your parents survives you:
      - All of your estate will pass to your spouse
At least one parent survives you, but no surviving spouse or children:
- All of your estate will pass to your surviving parents and siblings equally or to their children according to their per stirpes share. If none, then to your surviving parents
No spouse, children, or parents:
- Siblings (brothers and sisters) equally or to their children in according to their per stirpes share. If none, then to grandparents, uncles, and aunts or their children according to their per stirpes share. If none, then to your closest lineal ancestor or to their children according to their per stirpes share

Who must be named as a beneficiary in your will:

Surviving spouse (Section 474.240), andChildren, born or adopted (Section 474.160)
- Surviving spouse must be given either:
  - If there are no children, then the surviving spouse gets one-half (1/2) of your estate; see statute for details (Section 474.160)
  - If there are children, then the surviving spouse gets one-third (1/3) of your estate; see statute for details (Section 474.160)
Children, born or adopted (Section 474.160)

Effects of changes in your marital status on your will:

You are divorced from the surviving spouse:
- Revokes will as to divorced surviving spouse (Section 474.420)
You get married without changing your will that does not provide for your new spouse:
- Spouse may still be entitled to shares under state intestate law (Section 474.420)

Out of state executors: Must appoint an in-state agent to accept legal papers (Section 473.117)

Witnesses:

Minimum number of witnesses required: Two (Section 474.320)
Are witnesses allowed to be beneficiaries?: Yes; however, any beneficiary named in the will who is also a witness, then the portion of the will to the witness beneficiary cannot exceed amount entitled to under state intestate law, unless there are two other disinterested witnesses (Section 474.330)
Requirements to be a witness, witnesses must:
- be an adult, and
- not be the person who signed your Declaration

Property ownership (Title 29, Sections 442.025, 442.030, and 442.035):

Common law state
Ownership by two or more persons is presumed to be a tenancy in common, unless express and clear language of a joint tenancy
Bank account deposits held jointly are payable to any survivor named in the bank account
Tenancy by the entirety is recognized in this state

Other types of wills:

Self-proving wills recognized: Yes, recognized (Section 474.337)
Living will: Missouri Declaration (Section 459-15) requires an incurable disease or irreversible medical condition which, without the use of life support, will result in death in a relative short period of time, or you are in a permanent coma or persistent vegetative state
Power of Attorney for Health Care (Section 404-822)
Durable Power of Attorney Act (Section 404-705)