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Property Subject to Probate in Missouri

Authored by:

Dave Schleiffarth

David has been practicing law since 2019 provides guidance and unique solutions to cusomers with their Estate Planning, Wills, Trusts, Speciall Needs Planning and Business Formation.

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Want to avoid probate? The answer should be yes! Here’s a summary of what property is subject to probate administration under Missouri law.

In Missouri, property not subject to probate administration includes:

1. any personal or real property owned by a Trust;

2. property which the decedent owned as joint tenants with right of survivorship or as tenancy by the entireties;

3. property or accounts designated as payable on death (POD) or transfer on death (TOD).

Property subject to probate administration includes:

1. any bank account solely in the name of the decedent (which does not have a beneficiary designation on the account);

2. real estate exclusively owned by the decedent;

3. real estate co-owned by the decedent, which does not hold a “right of survivorship;”

4. stocks or bonds in the decedent’s name;

5. personal property (including automobiles) exclusively owned or registered to the decedent.