{"id":374522,"date":"2016-03-31T21:35:49","date_gmt":"2016-04-01T02:35:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/missouri-law\/missouri-probate-and-estate-tax-laws.html"},"modified":"2018-02-21T16:09:02","modified_gmt":"2018-02-21T21:09:02","slug":"missouri-probate-and-estate-tax-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/missouri-law\/missouri-probate-and-estate-tax-laws.html","title":{"rendered":"Missouri Probate and Estate Tax Laws"},"content":{"rendered":"\n
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Missouri Probate and Estate Tax Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Probate is the legal process that occurs after a person (the "decedent<\/a>") dies, with or without a valid will. If the decedent dies with a valid will, then the property is distributed according to the will. If a person dies without a will, then Missouri’s probate<\/a> law dictates how the decedent’s assets are distributed. Probate isn’t always required when someone dies, depending on what assets are in the estate.<\/p>\n

Types of Estate Administration<\/h2>\n

Probate cases in Missouri are handled at the local county circuit court in the probate division. The process of administering the estate will vary depending on whether the decedent had a valid will and the type of probate administration the decedent’s estate will have to go through. In Missouri, if a decedent\u2019s estate is small enough, the law allows you to skip probate altogether and use a simplified process. Otherwise, you’ll need to go through a formal probate process<\/a> in court, either "independent" or "supervised" depending on the circumstances.<\/p>\n

Estate Tax<\/h2>\n

Missouri law based a state estate or death tax on the Internal Revenue Service (IRS) estate tax credit<\/a>. As the IRS stopped allowing<\/a> state death tax credits after January 1, 2005, Missouri’s estate tax<\/a> is no longer imposed. If, however, the IRS reinstates a state-based estate tax credit, than the Missouri estate tax and tax return will again be required.<\/p>\n\n

Code Sections<\/b><\/p>\n<\/td>\n

Missouri Revised Statutes Chapters 472<\/a>, 473<\/a>, and 474<\/a><\/p>\n<\/td>\n<\/tr>

Types of Estate Administration<\/b><\/p>\n<\/td>\n

What Assets Go Through Probate?<\/b><\/p>\n<\/td>\n

Probate is necessary when a person dies with property in his or her name or with rights to receive property. Examples of having property at death include:<\/p>\n

What Assets Skip Probate Entirely?<\/b><\/p>\n<\/td>\n

Some assets skip probate and go directly to the beneficiary or co-owner. For example:<\/p>\n

Estate Taxes<\/b><\/p>\n<\/td>\n

Since 2005, Missouri doesn’t have a separate state death tax or estate tax.<\/p>\n<\/td>\n<\/tr>

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What Other Taxes Must be Paid?<\/b><\/p>\n<\/td>\n

The estate must file and pay all necessary state and federal taxes including:<\/p>\n