Missouri Estate Planning Document Checklist

Building a Missouri estate plan step-by-step

The documents below tend to work together. Most Missouri adults benefit from several of them, though the right mix depends on your assets, family, and goals.

Step 1: A will

A will directs who receives your property and names an executor (called a personal representative) to carry out your wishes. It can also name a guardian for minor children, which is often the most important reason for parents to have one. Missouri wills are generally governed by Chapter 474 RSMo, and a will typically does not avoid probate — it is the document the probate court follows.

Step 2: A revocable living trust, if appropriate

A revocable living trust can, in many situations, avoid probate for the assets you transfer into it, and it lets a successor trustee manage those assets if you become incapacitated. Missouri trusts generally fall under Chapter 456 RSMo. A trust only controls assets actually titled in its name, so remember to actually fund it — an unfunded trust usually does not avoid probate for the assets left outside it.

Step 3: A durable financial power of attorney

A durable financial power of attorney lets someone you choose manage your finances if you cannot — paying bills, handling accounts, and dealing with property. These powers are generally governed by Chapter 404 RSMo. "Durable" generally means the authority continues even if you become incapacitated, which is often the entire point of having one.

Step 4: A health care directive and durable power of attorney for health care

These documents name a decision-maker for your medical care and state your wishes about treatment if you cannot speak for yourself. A durable power of attorney for health care generally names the person who makes decisions, while a health care directive (sometimes called a living will) states your preferences about end-of-life and life-sustaining care. Many people combine them into a single advance directive.

Step 5: Beneficiary designations on accounts and policies

Life insurance, retirement accounts, and similar assets generally pass to the beneficiary named on the account — outside the will and outside probate. Because these designations typically override what your will says, it is worth confirming that they match the rest of your plan. An outdated form naming, for example, an ex-spouse can send an asset to the wrong person.

Step 6: Proper titling and nonprobate transfers

How an asset is titled often determines whether it passes through probate. Missouri recognizes several nonprobate transfer tools — for example, a Missouri beneficiary deed can pass real estate directly to a named beneficiary at death, and accounts can carry payable-on-death or transfer-on-death designations. These typically need to be coordinated with your will and trust so everything points in the same direction.

Step 7: Store the documents safely and tell your executor and agents where they are

Once your documents are signed, keep the originals somewhere safe and make sure the people you have named — your executor, successor trustee, and agents — know where to find them. A document no one can locate when it is needed may not do much good, so sharing the location is generally as important as signing in the first place.

Review your plan when life changes

An estate plan is generally not a one-time event. Consider reviewing it after any major change, including:

• Marriage, divorce, or remarriage
• The birth or adoption of a child or grandchild
• A death among your beneficiaries or named decision-makers
• A significant change in your assets, such as buying or selling real estate or a business
• A move to or from Missouri, or relevant changes in the law

Even without a triggering event, it is often wise to revisit your documents every few years to confirm they still reflect your wishes and that your named people are still willing and able to serve.

When to talk to a lawyer

This checklist describes documents in general terms, but the right plan depends on your specific situation. Consider talking to a qualified Missouri estate planning attorney if you have minor children, own real estate or a business, have a blended family or an unmarried partner, want to weigh a will-based plan against a revocable living trust, or are concerned about incapacity. An attorney can confirm that your documents meet Missouri's formalities and that your will, trust, and nonprobate transfers work together rather than at cross-purposes.