Detailed answer — how probate avoidance works under Missouri law

1. Wills: baseline rule

A will lets you say who should get your property at death. In Missouri, property you leave only by will generally must go through probate so the court can confirm the will, appoint a personal representative, resolve creditor claims, and supervise distribution. If you want to avoid probate for particular assets, a will alone usually cannot do that.

2. Beneficiary designations and contract-based transfers (pass outside probate)

Accounts or contracts that name a beneficiary generally transfer directly to the named person and do not pass through probate. Common examples:

• Life insurance policies — proceeds pay to the named beneficiary.
• Retirement accounts (IRA, 401(k), pension) — the named beneficiary receives the account per plan rules.
• Some annuities and payable‑on‑death bank accounts (POD) — the named payee collects without probate.

Action item: review and update beneficiary forms whenever family circumstances change (marriage, divorce, births, deaths). These forms control who gets the asset even if your will states otherwise.

3. Joint ownership with right of survivorship

When assets are owned jointly with survivorship (for example, a bank account or real estate titled as “A & B, joint tenants with right of survivorship”), the surviving co‑owner typically becomes sole owner automatically at death. That transfer generally avoids probate for that asset. But joint ownership can create other problems (unintended inheritance, creditor exposure, tax basis issues), so use it carefully.

4. Transfer‑on‑Death (TOD) or beneficiary deeds for real property

Some states allow a transfer‑on‑death deed (also called a beneficiary deed) so real estate can pass to a named beneficiary outside probate. Missouri has enacted statutes and administrative requirements that permit certain nonprobate transfers for specific asset types. Because deed language and recording rules are technical, a properly prepared and recorded TOD/beneficiary deed is critical to avoid complications. To check statutory language and requirements, consult the Missouri Revised Statutes or a local attorney.

Missouri statutes and state resources: Missouri Revised Statutes (official site).

5. What still goes through probate

If you own property solely in your name at death and you have no valid beneficiary designation or joint owner for that property (examples: sole bank or brokerage accounts, personal belongings, real property titled only in your name without a TOD deed), your estate will generally go through probate so the court can clear title and authorize distribution according to your will or Missouri intestacy rules.

6. Other important legal limits and considerations

• Creditor claims: Probate provides a structured process for creditors to present claims. Nonprobate transfers often bypass that process and may allow creditors to pursue the beneficiary directly depending on the claim and timing.
• Spousal/child protections: Missouri law has protections for spouses and, in some cases, omitted children. Simply naming beneficiaries or using joint title may not eliminate all statutory rights; review how Missouri treats elective share or homestead protections if applicable.
• Taxes and basis step‑up: Different transfer methods have different tax outcomes. For example, inherited assets may receive a stepped‑up basis; joint property may have different basis consequences.
• Conflicting documents: If a beneficiary designation conflicts with a will, the beneficiary form usually governs the specific account or policy. Keep documents consistent.
• Minor children: Beneficiary designations pay directly to the named person. If you name a child under 18 as beneficiary, the money may need a conservator or a court‑supervised guardianship to access, depending on the amount. Consider naming a trust or custodial account for minor beneficiaries.

7. Practical example (hypothetical)

Mary and John own a home, two bank accounts, a joint brokerage account, an IRA, and life insurance. They want each other to inherit most property and split the remainder between their two adult children, avoiding probate if possible.

1. Keep the IRA and life insurance with named beneficiaries: name each other as primary beneficiary and children as contingent beneficiaries.
2. Title bank accounts as POD for spouse, or name the spouse as joint owner if appropriate (POD preferred for clarity).
3. Consider a transfer‑on‑death deed or joint tenancy for the home if your goals and family situation make that appropriate. If they want the home to continue outside probate to the survivor, joint tenancy or a valid TOD deed (if available and suitable) can work; otherwise the house would pass under the will and require probate.
4. Create a simple pour‑over will and a revocable living trust (if avoiding probate for many assets is a priority). Fund the trust by retitling assets into it before death so distributions occur outside probate.

8. How to minimize probate risk step by step

1. Inventory assets and list titles and beneficiary designations.
2. Update beneficiary forms on retirement accounts and insurance policies now.
3. Retitle bank accounts as POD or into joint ownership where suitable.
4. Talk with an estate planning attorney about a revocable living trust and whether Missouri recognizes TOD deeds for real property in your situation.
5. Coordinate the will, any trust, and beneficiary forms so they reflect your overall plan.

Relevant Missouri law resources (statute and official resources):

• Missouri Revised Statutes (official legislative site): https://revisor.mo.gov/
• Missouri probate and court resources (general information about probate procedures): https://www.courts.mo.gov/

Helpful Hints — practical checklist to reduce probate in Missouri

• Review beneficiary designations every 2–3 years and after major life events (marriage, divorce, births, deaths).
• Use POD or TOD titles for small bank or brokerage accounts to keep them out of probate.
• If you own real property and want to avoid probate, ask an attorney whether a beneficiary (TOD) deed is available and right for you.
• Consider a revocable living trust if you own substantial assets or multiple properties you want to pass privately and without probate.
• Keep your estate planning documents together, and give copies to your spouse or trusted person; make sure successor trustees and executors know where to find them.
• Think about minor children: name guardians in a will and consider trusts to hold assets for minors to avoid conservatorship proceedings.
• Consult a Missouri estate planning attorney to confirm that your documents and titles comply with state requirements and to avoid unintended consequences.

Disclaimer: This article explains general Missouri principles and common tools but is not legal advice. Laws change and every situation differs. For legal advice tailored to your circumstances, consult a licensed Missouri attorney.