Do I have to list assets that passed by right of survivorship on a Missouri probate inventory?

Short answer: Generally no. In Missouri, assets that pass automatically to a surviving joint owner (by right of survivorship or pay-on-death beneficiary designation) are non‑probate property and normally are not included in the probate inventory filed with the court. However, there are important exceptions and practical reasons you may still need to identify or disclose those assets to the court or creditors.

Detailed answer — what the inventory covers and why survivorship matters

An executor or administrator’s inventory is intended to list the decedent’s probate property — the assets that must pass through the estate process before distribution to heirs or creditors. Property that passes outside probate (examples below) goes directly to the named survivor or beneficiary and normally is not part of the probate estate.

Common non‑probate assets that usually are NOT included on a Missouri probate inventory:

• Accounts held jointly with right of survivorship (bank accounts, brokerage accounts where the surviving joint tenant automatically becomes sole owner).
• Property with a valid beneficiary designation (payable‑on‑death bank accounts, transfer‑on‑death securities, or life insurance / retirement accounts with a named beneficiary).
• Property held in a revocable trust that becomes payable to the successor trustee.
• Some jointly owned real estate if title is held in joint tenancy or tenancy by the entirety and the right of survivorship applies.

Because these assets transfer outside probate, the probate court ordinarily does not require their value to be included in the estate inventory. That said, Missouri law and local practice impose duties on personal representatives to locate assets, to report them if they are actually estate assets, and to protect estate creditors. There are several reasons to pay attention to survivorship assets:

• If the survivorship claim is in dispute (for example, another person claims title, or there is an allegation of foul play, undue influence, or a forged beneficiary), the court may require the asset to be listed and possibly frozen until the dispute is resolved.
• If the decedent used an account or property as if it were part of the estate (for example, paying household expenses from a jointly titled account), creditors or the court may scrutinize the asset.
• If the joint owner predeceased the decedent, or if title or beneficiary forms were not properly completed, the asset may actually be estate property and must be reported.
• Missouri’s laws about notice to creditors and inventory requirements mean the personal representative should be thorough in locating and describing potential assets so creditors and interested persons know what exists.

Practical checklist: when to include or at least disclose survivorship assets

• Include on the court inventory if the asset is actually estate property (it is solely in the decedent’s name or title was not properly changed).
• If the asset was held jointly but there is doubt about whether a valid right of survivorship exists, list it and explain the status in the inventory or a filed affidavit.
• If the joint owner received the property by survivorship but the executor believes creditors should be notified or the transfer affects estate administration, disclose it and get court guidance.
• If you are the personal representative and you are unsure, list the asset in your working inventory and flag it as “nonprobate — survivorship/beneficiary” so the court and interested parties have notice while preserving accuracy.

Examples

Example A: Alice and her mother Mary hold a bank account as joint tenants with right of survivorship. Alice dies. The bank will typically transfer the account to Mary directly. That account is non‑probate and is not listed on Alice’s probate inventory unless the title was actually just in Alice’s name or someone contests the transfer.

Example B: Bob had a payable‑on‑death (POD) bank account naming his sister as beneficiary. Bob’s probate inventory normally would not include the POD account because it passed outside probate to the named beneficiary.

Example C: Charles’s name is on a deed with his wife as joint tenants with right of survivorship, but the deed was not recorded properly and a creditor claims the property. The court may require the property to be identified in inventory while title is clarified.

Steps the personal representative should take in Missouri

1. Gather documentation: deeds, account statements, beneficiary designations, trust documents, and death certificates.
2. Identify which assets are probate and which pass outside probate. Note the basis for each classification in your working papers.
3. File the required inventory and reports with the probate court for probate assets. For assets you believe are non‑probate, prepare a short explanation (or affidavit) that identifies them and explains why you think they pass outside probate.
4. If there is any dispute or if the estate may lack sufficient probate assets to pay creditors, bring the matter to the court’s attention or consult an attorney for guidance.

Missouri statutes and resources

Missouri’s probate and administration rules govern inventories and the duties of personal representatives. The Missouri Revisor of Statutes is the official source of state statutes; you can search probate provisions and statutes there. For a general start, see the Revisor of Statutes site: https://revisor.mo.gov. If you want to look directly at the probate chapters, use the Revisor’s chapter pages (search for “probate,” “estate administration,” or look under the relevant chapters on the site).

When to consult an attorney

Consult an attorney if:

• Any survivorship or beneficiary designation is disputed.
• The estate lacks sufficient probate assets to pay known debts but there are sizeable non‑probate transfers that creditors may contest.
• You are unsure how to classify property or how to prepare the inventory and required court filings.

Helpful hints

• Keep a working inventory that labels assets as “probate” or “non‑probate” and notes why — this protects you as a personal representative.
• Obtain certified copies of the death certificate early; many banks and insurers require them to process survivorship transfers.
• Contact financial institutions to verify whether an account is joint with right of survivorship or merely joint for convenience. The wording on account forms matters.
• Record searches: check county recorder records for deeds to confirm how real property was held.
• If the surviving joint owner used the asset for the decedent’s benefit before death, document the transactions — they can affect creditor rights.
• When in doubt, disclose: telling the court about an asset and why you believe it is non‑probate is usually better than omitting it entirely.

Disclaimer: I am not a lawyer. This article explains general principles under Missouri law and is for informational purposes only. It is not legal advice. For specific guidance about your situation, consult a licensed Missouri attorney or contact the probate court in the county where the estate is being administered.