Do I Need Probate in Missouri?

Not every asset requires probate. This free assessment tool walks you through your situation to help determine which assets may need probate administration in Missouri courts.

Asset-by-Asset Analysis

Evaluate each asset based on Missouri probate law

Instant Guidance

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Important Legal Disclaimer: This assessment tool provides general educational information only and does not constitute legal advice. Using this tool does not create an attorney-client relationship. Missouri probate requirements are highly fact-specific and depend on individual circumstances, asset titling, deed language, and other factors. Do not rely on this tool as a substitute for consulting with a qualified attorney about your specific situation.

Need help navigating Missouri probate? We specialize in cooperative probate matters statewide.

Understanding Missouri Probate Requirements

Probate is required to transfer title or gain access to individual assets, not the estate as a whole. Each asset must be evaluated separately.

Probate Is NOT Required for an Asset If...

  • Asset has a living beneficiary designation
  • Asset is held in a trust
  • Asset has joint ownership with right of survivorship and co-owner is alive (default for bank accounts and brokerages unless otherwise specified)
  • Real estate has a valid Beneficiary Deed with a living beneficiary
  • Deceased beneficiary's lineal descendants can take as substitutes under Missouri nonprobate transfer law (situation-dependent)

Common Situations Requiring Probate

  • Assets held in sole name of deceased
  • Tenants in common property ownership (default between unmarried co-owners unless otherwise specified)
  • No beneficiary designated on accounts
  • Named beneficiary is deceased with no substitute
  • Small estates under $40,000 (streamlined probate process still required through court)
  • Estate value exceeds small estate threshold ($40,000+)