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If you're settling an estate in Missouri, probate runs through the Probate Division of Circuit Court, with a small estate affidavit available for estates under $40,000. The surviving spouse's share depends on whether there are children: one-half without children, or one-third with — and these rights apply even if the will provides less.
Content updated: July 2026
State-specific rules that affect how an estate is handled here.
Missouri probate runs through the Probate Division of Circuit Court in the county where the deceased lived. A small estate affidavit is available for estates under $40,000.
The surviving spouse in Missouri is entitled to one-half of the estate if there are no children, or one-third if there are children. These rights apply even if the will provides less.
Missouri has its own income tax. A final state return must be filed. If the deceased was a state employee (MOSERS) or school employee (PEERS), survivor benefits need to be claimed separately. Note: Missouri taxes Social Security income for higher-income households — a surviving spouse receiving SSA survivor benefits should factor this into their state filing.
Vehicle title transfers in Missouri go through the Department of Motor Vehicles. Submit the title with the death certificate and letters testamentary to your local license office.
These are just a few of the Missouri-specific tasks Order surfaces automatically when you select your state.
Small estate affidavit for personal property under $40,000 — any real property triggers full Probate Division proceedings. File in the county where the deceased lived.
Surviving spouse entitled to one-half (no children) or one-third (with children) of the estate — these rights apply even if the will provides less.
The surviving spouse and children have homestead rights and allowance claims that take priority over most creditors and even the will's distributions.
Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.
Deeper reading
Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Missouri.
Military families in Missouri
Missouri-specific
These tasks appear automatically in your checklist when you select Missouri as your state.
File in the probate division of Circuit Court, county of domicile.
Surviving spouse entitled to one-half if no children, one-third with children
Submit title transfer to Department of Revenue