A guided exploration of your estate planning options in Missouri
This guide will help you understand the key differences between a Will and a Revocable Living Trust under Missouri law.
How it works: Answer eight questions about your situation. Based on your responses, you’ll see which factors point toward a Will, a Trust, or both — along with the reasoning behind each.
Question 1 of 8
What is your marital status?
Marital status significantly affects estate planning in Missouri. Married couples have different options and considerations than single individuals, including spousal rights to elect against a will.
Question 2 of 8
Do you have children?
If you have minor children, naming a guardian is one of the most important parts of estate planning — and only a Will can do that. If you have adult children, different distribution and protection considerations apply.
Question 3 of 8
What is the approximate total value of your assets?
Include real estate, bank accounts, investments, retirement accounts, and significant personal property. A rough estimate is fine.
Question 4 of 8
How important is privacy to you regarding your estate?
A Will becomes public record when it goes through probate. Anyone can see your assets, debts, and who inherits what. A Trust remains private.
Question 5 of 8
Do you own real property in more than one state?
If you own property in multiple states, a Will would require separate probate proceedings (called “ancillary probate”) in each state where you own real estate.
Question 6 of 8
How concerned are you about management of your assets if you become incapacitated?
A Will only takes effect after death and provides no protection during incapacity. A Trust allows a successor trustee to manage your assets seamlessly if you become unable to do so.
Question 7 of 8
How important is the speed of distributing assets to your beneficiaries?
Probate in Missouri typically takes 6 to 18 months. A properly funded Trust can distribute assets immediately or near-immediately after death with no court involvement.
Question 8 of 8
What is your cost priority?
A Will has lower upfront costs. A Trust costs more to create but can save significantly by avoiding probate costs, which typically run 3–5% of estate value in Missouri.
Your Results
Factor
Will
Revocable Living Trust
Probate
Required. Public process taking 6–18 months in Missouri
Avoided entirely for properly funded assets
Privacy
Public record — anyone can see assets and beneficiaries
Private — not filed with any court
Incapacity
No protection. Only takes effect at death
Successor trustee manages assets seamlessly
Cost
Lower upfront. Probate costs 3–5% of estate at death
Higher upfront. Minimal costs at death
Multi-state property
Requires ancillary probate in each state
No ancillary probate needed
Guardianship
Names guardians for minor children
Cannot name guardians — still need a Will
Maintenance
Simple to update via codicil
Must keep funded — new assets must be retitled
Missouri law
Chapter 473 RSMo governs probate
Missouri Uniform Trust Code (Chapter 456 RSMo)
Important: This information is educational only and does not constitute legal advice.
Every situation is unique. Consult with a licensed attorney in your jurisdiction before making estate planning decisions.
Laws change. This information reflects Missouri law as of 2026. Tax implications vary by individual circumstances.