---
type: Concept
title: Probate in Missouri
description: Probate is the public, court-supervised process for transferring solely owned assets at death; most Missouri families plan to avoid it.
resource: https://nemolegal.com/how-to-avoid-probate-in-missouri/
tags: [probate, missouri, small-estate-affidavit, non-probate-transfers]
timestamp: 2026-06-18
jurisdiction: Missouri
author: Patrick Nolan
---

# Summary

Probate is the court-supervised process for settling a deceased person's estate and transferring assets held in their sole name with no beneficiary or survivorship designation. In Missouri it is a public record and can be slow and costly.

# When probate applies

Assets in the deceased person's sole name, with no beneficiary, survivorship, or trust designation, generally pass through probate. Assets with a valid beneficiary, payable-on-death, transfer-on-death, joint-survivorship, or trust designation do not.

# Small estates

Missouri allows a simplified small-estate affidavit for estates of $40,000 or less (RSMo §473.097), avoiding full administration.

# Decision rule

To keep an estate out of probate, title and designate assets so none pass through the deceased person's sole name: fund a revocable living trust and align payable-on-death and transfer-on-death designations.

# Related

- [Revocable Living Trusts](/okf/estate-planning/revocable-living-trust.md)
- [Will or Trust: Which You Need](/okf/estate-planning/will-or-trust.md)
- [Non-Probate Transfers](/okf/trusts-probate-avoidance/non-probate-transfers.md)