The catalyst for greater national attention to this issue was 29-year-old Brittany Maynard, a woman diagnosed with terminal brain cancer who moved from California to Oregon to end her life in 2014. Maynard chose Oregon because California had not yet passed its aid-in-dying law, and Oregon was one of just a few states to allow terminally ill patients to legally end their lives.
Spurred by Maynard’s decision and the resulting publicity, the Missouri General Assembly first considered a death with dignity law in 2018. Now, in the 2024 legislative session, Missouri lawmakers are considering another aid-in-dying bill, HB1903, called the Marilyn Teitelbaum Death With Dignity Act, that would allow terminally ill patients who meet certain requirements to request life-ending medication.
This article first clarifies some confusing language related to death with dignity laws and then sets out the basics of Missouri’s proposed law.
“Death with dignity” and "medical aid in dying" are two of the most commonly accepted phrases describing the process by which a terminally ill person ingests prescribed medication to hasten death. Many people still think of this process as “assisted suicide” or “physician assisted suicide.” However, proponents of death with dignity argue that the term “suicide” doesn’t apply to terminally ill people who would prefer to live but, facing certain death within months, choose a more gentle way of dying. In fact, Missouri’s proposed law states that terminating one’s life under the law is not suicide. (See HB1903, Section 191.2495.)
Increasingly, health organizations are turning away from the term “suicide” to describe a terminally ill patient’s choice to reduce the suffering of an inevitable death. The phrase “aid in dying” is becoming a more accepted way to refer to this process.
You may also see the phrase “right to die” used in place of “death with dignity” or "medial aid in dying." However, “right to die” is more accurately used in the context of directing one’s own medical care—that is, refusing life-sustaining treatment such as a respirator or feeding tubes when permanently unconscious or close to death. You can provide your own health care directions by completing a Missouri living will and durable power of attorney for health care. (See the end of this article for more information.)
Missouri’s proposed law is modeled closely on Oregon’s Death With Dignity Act, which took effect in 1997. If Missouri’s law passes, a patient requesting aid-in-dying medication will have to be:
A patient who meets the requirements above will be prescribed aid-in-dying medication only if:
To use the medication, the patient must be able to ingest it on their own. A doctor or other person who administers the lethal medication may face criminal charges.
You can read the full text of Missouri proposed Death With Dignity Act on the Missouri General Assembly’s website.
To find out more about the history and current status of death with dignity laws in the United States, visit the website of the Death With Dignity National Center.
For information about appointing a health care agent and making known your own wishes for medical care at the end of life, see the Living Wills & Medical Powers of Attorney section of Nolo.com.
Updated March 6, 2024
Every state has some rules about who may serve as the executor of an estate that goes through probate. Here are the requirements in Missouri.
Your executor must be:
(Mo. Rev. Stat. § 473.117 (2024).)
Unlike states that prohibit people who have felony convictions from serving as executor, a person convicted of a felony in Missouri is eligible to serve after completing any prison sentence and all terms of parole. (Mo. Rev. Stat. §§ 1.020; 473.117 (2024).)
In addition to the restrictions above, a Missouri probate court will reject a potential executor who is a full-time judge of any Missouri court or a clerk, deputy clerk, or division clerk of any court, unless this person is your surviving spouse or a relative within the third degree of kinship. For example, a judge of the Circuit Court of St. Louis County who is also your grandson could serve as your executor. (Mo. Rev. Stat. § 473.117 (2024).)
Furthermore, an executor of the person you name as your executor cannot become your executor. That’s not as complicated as it sounds: Let’s say you appoint your sister as your executor, but she dies while your estate is going through probate. Missouri law prevents the person your sister named as her executor from representing your estate. The job will go to your alternate executor or, if there’s no alternate, to another person appointed by the probate court. (Mo. Rev. Stat. § 473.117 (2024).)
Finally, the court will not appoint someone to serve as your executor if he or she is found to be a “habitual drunkard.” (Mo. Rev. Stat. § 473.117 (2024).)
Think carefully before appointing a bank or trust company to represent your estate. It’s almost always best to name an individual; consider an institution only if you don’t know anyone you trust enough to serve or your estate is very large and complex.
In Missouri, corporate executors must be authorized to act as a fiduciary. The company must be located in Missouri unless it files a written Application of Foreign Corporation for Certificate of Reciprocity with the Missouri Commissioner of Finance. (Mo. Rev. Stat. §§ 362.600, 473.117 (2024).)
For practical reasons, it’s smart to name an executor who lives near you. Your executor may have to handle day-to-day matters for weeks, months, or sometimes longer. If you must appoint an executor who lives far away, you should know the requirements Missouri imposes on out-of-state executors.
In Missouri, a nonresident executor must appoint someone who lives in the state to act as a resident agent. Your executor’s in-state agent will accept legal papers on behalf of your estate. (Mo. Rev. Stat. § 473.117 (2024).)
The probate court has the power to remove an executor if it receives a complaint or determines on its own that this person has become “incapable or unsuitable.” Your executor could be removed if he or she:
If this happens, the judge will terminate your executor’s appointment and designate either your alternate executor or another suitable person as a replacement. (Mo. Rev. Stat. § 473.140 (2024).)
For more information about choosing your executor and making your will, see the Wills section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Missouri.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants from you and that spouse | spouse inherits first $20,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else |
spouse and descendants from you and someone other than that spouse | spouse inherits 1/2 of your intestate property descendants inherit everything else |
parents and siblings but no spouse or descendants | parents and siblings inherit your intestate property in equal shares |
parents but no spouse, descendants, or siblings | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Mo. Rev. Stat. § 474.010 (2024).)
In Missouri, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with children or other descendants who are all from you and the surviving spouse. Your surviving spouse inherits the first $20,000 of your intestate property, plus 1/2 of the balance. (Mo. Rev. Stat. § 474.010 (2024).)
Example: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright—those things aren’t intestate property. Bill also owns $260,000 in property that would have passed under a will, so Karen inherits $140,000 worth of that property—that is, $20,000 plus $120,000 of the balance. The two children split the remaining $120,000 worth of Bill’s property.
If you die with children or other descendants who are not the descendants of your surviving spouse. Your surviving spouse inherits 1/2 of your intestate property. (Mo. Rev. Stat. § 474.010 (2024).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and 1/2 of Barrett’s intestate property—that is, $100,000 worth. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
If you die without a will in Missouri, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Missouri must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Mo. Rev. Stat. § 474.010 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, aunts or uncles, great uncles or aunts, great-grandparents, nieces or nephews, cousins of any degree, any relative to the ninth degree, or the children, parents, or siblings of a spouse who dies before you do.
Here are a few other things to know about Missouri intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Missouri's intestate succession laws in Sections 474.010 to 474.155 of the Missouri Statutes.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>You can make several different types of POAs in Missouri. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Missouri.
For your POA to be valid in Missouri, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Missouri courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
To make a durable power of attorney in Missouri (the most common type of POA in estate plans), you must sign your POA in the presence of a notary public. In addition, many financial institutions will not want to rely on a POA unless it has been notarized—a process that helps to authenticate the document.
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire a Missouri lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will likely include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power to engage in:
In Missouri, your POA is not durable by default. To make the POA effective even after your incapacitation, Missouri laws require a statement such as: “THIS IS A DURABLE POWER OF ATTORNEY AND THE AUTHORITY OF MY ATTORNEY IN FACT SHALL NOT TERMINATE IF I BECOME DISABLED OR INCAPACITATED OR IN THE EVENT OF LATER UNCERTAINTY AS TO WHETHER I AM DEAD OR ALIVE.” (Mo. Stat. § 404.705.)
As mentioned above, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the recorder of deeds in Missouri) in the county or counties where you own real estate. This will allow the recorder of deeds to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Missouri allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Missouri, if your spouse is named as your agent in your POA, that designation automatically ends once either of you files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent.
For more on Missouri estate planning issues, see our section on Missouri Estate Planning.
]]>In Missouri, a death certificate must be filed with the local registrar within five days after death and before final disposition of the body. Typically, the funeral home, mortuary, cremation organization, or other person in charge of the deceased person’s remains will prepare and file the death certificate. (Mo. Rev. Stat. § 193.145 (2023).)
You might want a copy of a death certificate for your records or, if you're in charge of wrapping up the deceased person’s affairs, you may require multiple, official copies to carry out your job. For example, you'll need to submit a certified copy of the death certificate each time you claim property or benefits that belonged to the deceased person, including life insurance proceeds, Social Security benefits, payable on death accounts, veterans benefits, and many others.
The easiest way to get copies of a death certificate is to ask the person or organization that files the certificate to order them for you at the time of the death. If you're the executor of the estate, ask for at least 10 certified copies.
If you need to order copies of a death certificate later, contact the local health department or go to the website of the Missouri Department of Health & Senior Services. From the DHSS website, you can download a mail-in order form or find information for ordering death certificates in person, over the phone, or online.
In Missouri, you must show identification when you order a copy of a death certificate in person. If you order records by mail, you must sign your application in front of a notary public. The first copy of a Missouri death certificate costs $14; additional copies ordered at the same time cost $11 each.
In Missouri, you can obtain a certified copy of a death certificate if you can show that you have a “direct and tangible interest” in the record. People with a direct and tangible interest usually include immediate family members, legal representatives, and others who need the record to determine a personal or property interest. (Mo. Rev. Stat. § 193.255 (2023).)
If you aren’t sure whether you are eligible to order a death certificate, contact the Missouri Bureau of Vital Records.
The funeral director (or other person in charge of final disposition of the body) completes the death certificate with input from the next of kin and medical professionals. The funeral director collects personal information about the deceased person from the next of kin, and obtains the medical certification from the medical professional who has information about the person's death. (This professional is usually the physician, physician assistant, assistant physician, or advanced practice registered nurse who was in charge of the deceased person's care for the illness or condition that caused the death.) This medical certification is due back to the funeral director within 72 hours of the death. (Mo. Rev. Stat. § 193.145 (2023).)
If the death occurred more than 36 hours from the time the deceased person was last treated by a physician, the case is referred to the county medical examiner, coroner, or local registrar for investigation and to determine the case of death. If this designated person determines the death was due to natural causes, he or she refers the case to the deceased person's last attending physician. If the death was not due to natural causes, the medical examiner or coroner determines the cause of death and completes the medical certification within 72 hours of taking charge of the case. If the cause of death can't be determined within 72 hours, the medical professional notifies the funeral director of this and the body can't be disposed of until the medical professional authorizes it. (Mo. Rev. Stat. § 193.145 (2023).)
Embalming is a process in which blood is drained from the body and replaced with fluids that delay disintegration. Though it's still a common procedure, embalming is rarely necessary; refrigeration serves the same purpose.
In Missouri, if you are using a funeral director, the body must be embalmed, refrigerated, or placed in a hermetically sealed casket if disposition will not occur within 24 hours. (Mo. Code Reg. tit. 20, § 2120-2.070 (2023).).
Refrigeration or dry ice can usually preserve a body for a short time. There are resources available to help you learn to prepare a body at home for burial or cremation. The website of the National Home Funeral Alliance is a good place to start.
A casket is often the single greatest expense incurred after a death. The average cost of a casket is between $2,000 and $5,000, and the price can run into the $10,000-$20,000 range for more elaborate designs and expensive materials. Whether due to the cost or for other reasons, some people prefer to forgo a casket altogether.
Burial. No law requires a casket for burial. However, you should check with the cemetery; it may have rules requiring a certain type of container.
Cremation. No law requires a casket for cremation. On the contrary, federal law requires a funeral home or crematory to inform you that you may use an alternative container, and to make such containers available to you. An alternative container may be made of unfinished wood, pressed wood, fiberboard, or cardboard.
No. Although funeral homes may sometimes be very pushy about getting you to buy caskets from them, federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. (Learn more about your consumer rights under the FTC Funeral Rule.) You may also build your own casket, if you prefer.
Alkaline hydrolysis (more informally called "water cremation," "flameless cremation," "aquamation," and many other terms) is a chemical process that reduces a body to components of liquid and bone. It's considered a greener alternative to cremation because it uses less energy than cremation and does not release matter into the atmosphere.
Lawmakers revised Missouri's code of regulations in 2020 to explicitly allow alkaline hydrolysis by name. Missouri's definition of cremation is now:
A final disposition of dead human remains; the mechanical process which reduces remains to bone fragments through heat, evaporation, and/or an alkaline hydrolysis chemical process.
(Mo. Code Reg. tit. 20, § 2120-1.040 (2023).).
Even before 2020, Missouri's definition of cremation had been broad enough to include alkaline hydrolysis, even if it didn't explicitly mention the process. As a result, a handful of Missouri funeral homes and crematories have been offering the option for years.
If you're interested in this option for yourself, you may want to explore pre-planning your final arrangements. Water cremation tends to cost a little more than traditional cremation. (For example, see this 2023 NPR interview on water cremation in which one funeral home prices its water cremation service at $1,000 more than traditional cremation.)
Learn more about alkaline hydrolysis.
Most bodies are buried in established cemeteries, but burial on private property is possible in Missouri by establishing "family burying grounds." The burial ground must not exceed one acre, and it must be deeded in trust to the county commission, to be used as a family burial ground for the family and the descendants of the person who owned the land. You must file the deed with the county clerk within 60 days. (Mo. Rev. Stat. 214.090 (2023).)
Before conducting a home burial or establishing a family cemetery, check with the county or town registrar for any local zoning laws you must follow.
In Missouri, there are no state laws controlling where you may keep or scatter ashes. Ashes may be stored in a crypt, niche, grave, or container at home. If you wish to scatter ashes, you have many options. Generally, use common sense and refrain from scattering ashes in places where they would be obvious to others.
Scattering ashes in an established scattering garden. Many cemeteries provide gardens for scattering ashes. If you’re interested, ask the cemetery for more information.
Scattering ashes on private land. You may scatter ashes on your own private property. If you want to scatter ashes on someone else’s private land, it’s wise to get permission from the landowner.
Scattering ashes on public land. You may wish to check both city and county regulations and zoning rules before scattering ashes on local public land, such as in a city park. However, many people simply proceed as they wish, letting their best judgment be their guide.
Scattering ashes on federal land. Officially, you should request permission before scattering ashes on federal land. However, you will probably encounter no resistance if you conduct the scattering ceremony quietly and keep the ashes well away from trails, roads, facilities, developed areas, campsites, and waterways. You can find guidelines for scattering ashes on the websites for some national parks. For more information, begin your search at the website of the National Park Service.
Scattering ashes at sea. The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land. If the container will not easily decompose, you must dispose of it separately. The EPA does not permit scattering at beaches or in wading pools by the sea. Finally, you must notify the EPA within 30 days of scattering ashes at sea.
The Clean Water Act also governs scattering in inland waters such as rivers or lakes. For inland water burial, you may be legally required to obtain a permit from the state agency that manages the waterway.
For more information, see the EPA's page on Burial at Sea.
Scattering ashes by air. While there are no state laws on the matter, federal aviation laws do prohibit dropping any objects that might cause harm to people or property. The U.S. government does not consider cremains to be hazardous material; all should be well so long as you remove the ashes from their container before scattering.
To learn about the federal rule on funerals, which protects consumers in all states, visit the FTC's Funeral Rule page.
For more information about funeral laws in Missouri, see Missouri Home Funeral Laws.
To find out more about funerals and other final arrangements, see Nolo's section on Getting Your Affairs in Order.
Get It Together, by Melanie Cullen (Nolo), helps you gather and organize the essential details of your life for yourself and your family.
]]>In all states, it is legal to have your loved one’s body at home after they die. Missouri does not require you to involve a licensed funeral director in making or carrying out final arrangements. (See, for example, Mo. Rev. Stat. § 193.145 (2023), which permits “the funeral director or person in charge of final disposition of the dead body” to file the death certificate.)
Missouri law determines who has the right to make final decisions about a person’s body and funeral services. This right and responsibility goes to the following people, in order:
(Mo. Rev. Stat. § 194.119 (2023).)
If there is more than one member of a class -- for example, you have many children or several siblings -- a funeral director may rely on the instructions of any one of them, provided the director has no knowledge that another member of the class objects. (Mo. Rev. Stat. § 194.119 (2023).)
Making a durable power of attorney for health care. To avoid any confusion about who should carry out your final plans, it’s best to make a durable power of attorney for health care and give your attorney-in-fact explicit permission to carry out your wishes.
For more information about making a durable power of attorney for health care in Missouri, see Living Wills & Medical Powers of Attorney.
To make a Missouri durable power of attorney for health care that appoints your attorney-in-fact to carry out your final plans, you can use Nolo’s Quicken WillMaker.
Note that, if you are in the military, you may name the person who will carry out your final wishes in the Record of Emergency Data provided by the Department of Defense.
Who pays for your funeral arrangements? You can either pay for your plans before you die, or you can set aside money for your survivors to use for this purpose. If you don’t do either of these things, and there’s not enough money in your estate to pay for funeral goods and services, your survivors must cover the costs.
In Missouri, if you are using a funeral director, the body must be embalmed, refrigerated, or placed in a hermetically sealed casket if disposition will not occur within 24 hours. (Mo. Code Reg. tit. 20, § 2120-2.070 (2023).).
Refrigeration or dry ice can usually preserve a body for a short time. There are resources available to help you learn to prepare a body at home for burial or cremation. The website of the National Home Funeral Alliance is a good place to start.
If you will not be using a funeral director to carry out final arrangements, you must complete and file the death certificate yourself. Missouri law requires you to file the death certificate with the local registrar within five days of the death and before final disposition. (Mo. Rev. Stat. § 193.145 (2023).)
The deceased person’s doctor, another approved medical provider, or a medical examiner must complete the medical portion of the death certificate within 72 hours. The medical certification contains such information as the date, time, and cause of death. (Mo. Rev. Stat. § 193.145 (2023).)
Missouri now uses an electronic death registration system, but you can still use a paper death certificate. You can obtain a blank death certificate and guidance from the Missouri Bureau of Vital Records by calling 573-751-6387.
You will need certified copies of the death certificate to take care of certain tasks after the death, such as arranging for the disposition of the body and transferring the deceased person’s property to inheritors. You may be able to file the death certificate and get certified copies the same day. If not, you will have to make a return trip to pick up the copies. Be prepared to pay a small fee for each copy.
You must obtain permission from a physician, medical examiner, or coroner before removing the body from the place of death to prepare it for final disposition. For example, if someone dies outside the home, this authorization would be necessary to bring the body home for care. Or, if someone dies at home, permission is necessary to move the body to a location away from home for burial or cremation. (Mo. Rev. Stat. § 193.145 (2023).)
Missouri law permits the establishment of family burial grounds of less than one acre in size. The cemetery must be deeded in trust to the county commission, and you must record the deed with the county clerk within 60 days. (Mo. Re. Stat. § 214.090 (2023).)
Before conducting a home burial or establishing a family cemetery, you should check with the county or town clerk for any local zoning rules you must follow.
Some crematories require that you use a funeral director to arrange cremation. If you don’t want to use a funeral director, make sure the crematory is willing to accept the body directly from the family. In Missouri, a completed and filed death certificate authorizes final dispostion of the body, including cremation—no additional permit is required. (Mo. Rev. Stat. § 193.145; Mo. Code Reg. tit.19, § 10-10.100 (2023).)
For more information about cremation, including information on scattering ashes, see Burial and Cremation Laws in Missouri.
Even the most staunch home funeral advocates know that learning to care for one’s own dead can be difficult, especially during a time of grief. If you need help, there are people available to coach you through the process. You can find local guides, consultants, and other resources by visiting the National Home Funeral Alliance website. The book Final Rights, by Joshua Slocum and Lisa Carlson, also offers extensive information on the subject.
For more information about final arrangements and documenting your final wishes in advance, see Nolo’s section on Getting Your Affairs in Order.
]]>Here’s a quick checklist for making a will in Missouri:
A will, also called a "last will and testament," can help you protect your family and your property. You can use a will to:
In Missouri, if you die without a will, your property will be distributed according to state "intestacy" laws. Missouri's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins of any degree, great grandparents, great aunts or uncles, any relative to the ninth degree, or the children, parents, or siblings of a spouse who dies before you do. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.
No. You can make your own will in Missouri, using Nolo's Quicken WillMaker & Trust. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?
To make a will in Missouri, you must be of sound mind and:
Your will disposes of your real and personal property. You can also use your Missouri will to donate all or part of your body to any college, university, licensed hospital, or the state anatomical board. Mo. Rev. Stat. § 474.310.
You must generally make your will on hard copy. That is, it must be on actual paper. It cannot be on an audio, video, or any other digital file. (Although, see “Can I Make a Digital or Electronic Will?,” below.) Type and print your will using a computer, or you can use a typewriter. Missouri does not permit handwritten (holographic) wills that are not witnessed.
However, Mississippi does allow nuncupative (oral) wills under limited circumstances. To make a valid oral will, you must make the will while in "imminent peril" of your death, you die from that peril and:
To finalize your will in Missouri:
Your will should be signed by disinterested persons who don't stand to inherit anything from you. If an interested person serves as a witness, they can lose the gift you leave them. Mo. Rev. Stat. § 474.330.
No, in Missouri, you do not need to notarize your will to make it legal.
However, Missouri allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. Mo. Rev. Stat. § 474.337.
Yes. In Missouri, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.
In Missouri, you may revoke or change your will at any time. You can revoke your will by:
If you and your spouse divorce, Missouri law revokes any language in your will in your ex-spouse's favor. Mo. Rev. Stat. § 474.420. If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help.
If you need to make changes to your will, it’s best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).
In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. Missouri currently doesn't allow e-wills, but that may change in the future.
You can find Missouri's laws about making wills here: Missouri Revised Statutes Title XXXI Trusts and Estates of Decedents and Persons Under Disability Chapter 474 Probate Code - Intestate Succession and Wills.
]]>You can use a small estate proceeding in Missouri if:
Below is an overview of Missouri's small estate procedure.
To open the small estate proceeding, you'll need to file an Affidavit to Establish Title of Distributee (here's a sample). You can file this document only if you are the personal representative of the estate, or if you are an heir.
This affidavit must include the following attachments:
You'll need to pay some fees when filing the affidavit. These might include:
In addition, the court requires either:
After filing the documents discussed above, the personal representative or heir simply presents the affidavit to the person or institution holding the property—for example, a bank where the deceased person had an account. The personal representative will usually also need to provide a certified copy of the death certificate. After that, the person or institution transfers the property.
For more help handling an estate in general, see The Executor's Guide, by Mary Randolph (Nolo). For an introduction to how you can plan your estate to help your survivors, try Estate Planning Basics, by Denis Clifford (Nolo).
For more on Missouri estate planning issues, see our section on Missouri Estate Planning.
]]>In Missouri, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee). Then—and this is crucial—you must transfer ownership of your property to yourself as the trustee of the trust. Once all that's done, the property will be controlled by the terms of the trust. At your death, your successor trustee will be able to transfer it to the trust beneficiaries without probate court proceedings.
If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies. No probate will be necessary to transfer the property, although of course it will take some paperwork to show that title to the property is held solely by the surviving owner.
In Missouri, these forms of joint ownership are available:
In Missouri, you can add a "payable-on-death" (POD) designation to bank accounts such as savings accounts or certificates of deposit. You still control all the money in the account—your POD beneficiary has no rights to the money, and you can spend it all if you want. At your death, the beneficiary can claim the money directly from the bank, without probate court proceedings.
Missouri lets you register stocks and bonds in transfer-on-death (TOD) form. People commonly hold brokerage accounts this way. If you register an account in TOD (also called beneficiary) form, the beneficiary you name will inherit the account automatically at your death. No probate court proceedings will be necessary; the beneficiary will deal directly with the brokerage company to transfer the account.
Missouri allows you to leave real estate with transfer-on-death deeds, also called beneficiary deeds. You sign and record the deed now, but it doesn't take effect until your death. You can revoke the deed or sell the property at any time; the beneficiary you name on the deed has no rights until your death. Mo. Rev. Stat. § 461.025.
Missouri allows transfer-on-death registration of vehicles. If you register your vehicle this way, the beneficiary you name will automatically inherit the vehicle after your death. No probate court proceeding will be necessary. The owner must submit an application and pay a fee to list the beneficiary. One or more people can be named as beneficiary of the vehicle.
Even if you don't do any planning to avoid probate, your estate may qualify for Missouri's simplified "small estate" probate procedures. For more details, For more details, see Probate Shortcuts in Missouri. For more on avoiding probate, see 8 Ways to Avoid Probate, by Mary Randolph (Nolo).
]]>A "living" trust (also called an "inter vivos" trust) is simply a trust you create while you're alive. The beneficiaries you name in your living trust receive the trust property when you die. You could instead use a will, but wills must go through probate—the court process that oversees the transfer of your property to your beneficiaries.
Many people create a revocable living trust as part of their estate plan. These trusts can be modified or revoked at any time. Typically, you'll name yourself as the "trustee" of your trust. This means that while you are alive, you retain control of the trust and its property. In your trust document, you will also name a "successor trustee" to take over and manage the trust (distribute your property) after you die. (If you create a shared living trust, as is often done by spouses, then your successor trustee would assume control after both spouses have died.)
In contrast, irrevocable trusts cannot be revoked or modified after they are signed. Irrevocable trusts can be useful tools for specific goals, like reducing taxes, but they require giving up ownership and control of trust property.
When you set up a living trust to transfer your property to your loved ones after your death, you can potentially save them time, hassle, and money. Property left through a will (rather than a living trust) might be tied up for months or even years in probate court, and could involve significant court costs and lawyers' fees. By contrast, property left through a trust can be distributed to your beneficiaries almost immediately, and often without the need for an attorney.
Some states have fully adopted a model law called the Uniform Probate Code, which streamlines the probate process, but unfortunately Missouri is not one of these states. However, Missouri does offer a simplified probate process for "small" estates. Your estate can qualify for this probate shortcut if the total value of the estate is $40,000 or less. If you're likely to own less than this amount when you die, the probate process is likely to be straightforward and relatively inexpensive, so you might not need to worry about making a living trust just to avoid probate.
Additionally, in Missouri, you can transfer real property using a transfer-on-death deed; this can keep your home out of probate without using a living trust.
Yes, you'll still need a will. This might seem confusing—isn't the point of a living trust to avoid needing a will? Yes, it is, and your will might never be used. But you should still write one, for one or both of the following reasons:
If you don't have a will, any property that isn't transferred by your living trust or other method (such as joint tenancy) will go to your closest relatives as determined by Missouri state law.
Probably not. Most people do not need to worry about federal estate taxes because the federal estate tax is levied only on estates worth close to $12 million. Missouri does not have its own estate tax.
That said, if you have an estate worth close to $12 million (or you and your spouse or partner have a combined estate of close to $24 million), you might be able to use a more complicated trust (such as an AB trust) to reduce or avoid estate taxes.
To make a living trust in Missouri, you:
You can use WillMaker & Trust to make a living trust using your computer. It has a simple interview format that allows you to complete the trust at your own pace, and it gives you lots of legal and practical help along the way. Based on your responses, the program produces a living trust document customized for you and your situation. With WillMaker & Trust, you can also make a will, powers of attorney, health care directives, and many other useful documents. Use it just for yourself or for your entire family.
For more on Missouri estate planning issues, see Missouri Estate Planning.
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