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    Missouri guide

    What to do when someone dies in Missouri

    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

    What's unique in Missouri

    State-specific rules that affect how an estate is handled here.

    Probate Division of Circuit Court

    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.

    Spousal share rights

    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.

    State income tax and MOSERS/PEERS

    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.

    DMV vehicle transfer

    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.

    A glimpse at what Order covers in Missouri

    These are just a few of the Missouri-specific tasks Order surfaces automatically when you select your state.

    File for Missouri probate in Probate Division of Circuit CourtLegal & Estate

    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.

    Review Missouri spousal share rightsLegal & Estate

    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.

    Review Missouri homestead rights and allowancesLegal & Estate

    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.

    What families commonly miss in Missouri

    • Many Missouri families try to use the small estate process to avoid probate — and are caught off guard when they learn it doesn't cover real estate, which always requires a Circuit Court proceeding regardless of how modest the property is.
    • Missouri families who try to transfer a vehicle title with a name that doesn't exactly match the title — a nickname, a maiden name, even a middle-name variation — quickly find themselves needing additional documentation that wasn't expected.
    • Families in St. Louis or Kansas City are sometimes surprised by how long Missouri probate takes — urban Circuit Courts can have significant backlogs that add months to a process that moves much faster in rural counties.

    Deeper reading

    Probate: what families need to know

    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 has additional veteran & survivor benefits

    • Apply for Missouri property tax credit (surviving spouse of veteran)
    • Contact Jefferson Barracks National Cemetery for burial

    Missouri-specific

    Order walks your family through every step, for Missouri and beyond.

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