Short answer

Whether an asset passes immediately to a surviving owner or becomes part of the decedent’s probate estate depends on how the asset is titled. Accounts or property held with a clear right of survivorship (for example, a joint account labeled with survivorship language or a payable-on-death beneficiary) typically pass directly to the surviving owner or named beneficiary and do not go through probate. Assets owned solely by the decedent or owned as a tenancy in common generally must be administered in probate and will be distributed under Missouri’s intestacy rules.

Detailed answer — how Missouri law treats different joint ownership arrangements

1. Joint accounts with right of survivorship

If a bank account is explicitly set up as a joint account with right of survivorship (or labeled as such by the bank), the surviving joint owner usually becomes the sole owner automatically when the other joint owner dies. That transfer typically occurs outside probate. Banks will generally require a certified copy of the death certificate and the surviving owner’s identification before releasing funds.

2. Payable-on-Death (POD) / Transfer-on-Death (TOD) designations

Accounts or securities with a named beneficiary (POD or TOD) pass to that beneficiary outside probate when the owner dies. The named beneficiary must present a death certificate and identification to the financial institution to claim the funds.

3. Tenancy in common

When two or more people own property as tenants in common, each owns a separate share. A decedent’s share does not automatically pass to the other owner(s). Instead, the decedent’s share becomes part of the probate estate and is distributed under Missouri’s intestate succession laws (see Missouri statutes on descent and distribution for details: RSMo Chapter 474 — Descent and Distribution).

4. Joint tenancy with right of survivorship and tenancy by the entirety

Missouri recognizes ownership forms that include a right of survivorship. If real property or other assets are held as joint tenants with right of survivorship, the surviving joint tenant generally takes full ownership automatically at death, outside probate. Many married couples also use tenancy by the entirety where available; a surviving spouse typically receives the property automatically. The specific effect depends on how title was created.

5. Property owned solely in the decedent’s name

Assets titled only in the decedent’s name are probate assets. Without a will, Missouri’s intestacy rules determine who inherits those assets. Missouri law sets out priority among surviving spouse, children, parents, siblings, and other relatives. For the statutory framework, see RSMo Chapter 474.

6. Creditor claims and survivorship property

Even when property passes outside probate by survivorship or beneficiary designation, creditors may still have claims depending on timing, type of debt, and local rules. The decedent’s probate estate is the usual place for creditors to present claims, but surviving owners should be aware of possible creditor actions and consult counsel if creditors contact them.

7. Small estate and simplified procedures

Missouri provides simplified procedures in some cases to transfer small estates or personal property without full probate administration. The availability and rules vary by circumstance. Check the probate court in the decedent’s county or consult an attorney to learn whether a simplified procedure applies.

Practical steps to take when a joint owner or co-owner dies in Missouri

1. Locate the death certificate(s). Banks and other institutions usually require a certified death certificate to release funds.
2. Find account and title documents. Look for account titles, beneficiary designations, deeds, or trust documents that indicate whether there is a right of survivorship or a named beneficiary.
3. Contact the financial institution or county recorder. Ask whether the asset is payable to a surviving joint owner or beneficiary and what documentation they need.
4. Check whether probate is required. If assets are solely titled in the decedent’s name and exceed any small‑estate threshold, you will likely need to open probate in the county where the decedent lived.
5. Watch for creditor notices. If probate is opened, creditors must be notified and given an opportunity to file claims against the estate.
6. Consider consulting an attorney. A probate or real estate attorney can review titles, advise on survivorship language, and help with probate or nonprobate transfers.

Common questions people ask

Q: If my parent added me to their bank account, do I automatically own all the money when they die?

Not always. If the account was set up as joint with right of survivorship, you likely become the owner automatically. If it was a convenience account without survivorship language, the bank may treat the funds as belonging to the decedent and require probate. The account’s title and the bank’s account agreement control how the funds are handled.

Q: Can someone avoid probate by adding a child to a deed or account?

Adding a child as a joint owner can shift the asset outside probate at death, but this can create tax, creditor, Medicaid eligibility, and control issues while the original owner is alive. Do not add co-owners without getting legal and tax advice.

Q: If I am on the deed with no survivorship language, what happens?

If ownership is as tenants in common, your share does not automatically increase at the other owner’s death. The decedent’s share will be distributed under Missouri intestacy rules unless there’s a will or other nonprobate arrangement.

Helpful hints

• Check account and deed language carefully — the exact words can determine whether survivorship applies.
• Get several certified copies of the death certificate early — you’ll need them for banks, title companies, and government agencies.
• Do not withdraw or transfer funds from an account until you understand how it is titled and whether you are legally authorized to act.
• If you expect probate, start by contacting the probate division of the circuit court in the county where the decedent lived. The court can explain filing requirements.
• Consult an attorney before changing titles or adding owners, especially if Medicaid planning, taxes, or large debts are concerns.
• Keep records of communications with banks and other institutions, including the names of people you speak with and what they say.