A guided exploration of your estate planning options in Missouri
This guide will help you understand the key differences between a Will and a Revocable Living Trust under Missouri law.
How it works: Answer eight questions about your situation. Based on your responses, you’ll see which factors point toward a Will, a Trust, or both — along with the reasoning behind each.
Question 1 of 8
What is your marital status?
Marital status significantly affects estate planning in Missouri. Married couples have different options and considerations than single individuals, including spousal rights to elect against a will.
Question 2 of 8
Do you have children?
If you have minor children, naming a guardian is one of the most important parts of estate planning — and only a Will can do that. If you have adult children, different distribution and protection considerations apply.
Question 3 of 8
What is the approximate total value of your assets?
Include real estate, bank accounts, investments, retirement accounts, and significant personal property. A rough estimate is fine.
Question 4 of 8
How important is privacy to you regarding your estate?
A Will becomes public record when it goes through probate. Anyone can see your assets, debts, and who inherits what. A Trust remains private.
Question 5 of 8
Do you own real property in more than one state?
If you own property in multiple states, a Will would require separate probate proceedings (called “ancillary probate”) in each state where you own real estate.
Question 6 of 8
How concerned are you about management of your assets if you become incapacitated?
A Will only takes effect after death and provides no protection during incapacity. A Trust allows a successor trustee to manage your assets seamlessly if you become unable to do so.
Question 7 of 8
How important is the speed of distributing assets to your beneficiaries?
Probate in Missouri typically takes 6 to 18 months. A properly funded Trust can distribute assets immediately or near-immediately after death with no court involvement.
Question 8 of 8
What is your cost priority?
A Will has lower upfront costs. A Trust costs more to create but can save significantly by avoiding probate costs, which typically run 3–5% of estate value in Missouri.
Your Results
Factor
Will
Revocable Living Trust
Probate
Required. Public process taking 6–18 months in Missouri
Avoided entirely for properly funded assets
Privacy
Public record — anyone can see assets and beneficiaries
Private — not filed with any court
Incapacity
No protection. Only takes effect at death
Successor trustee manages assets seamlessly
Cost
Lower upfront. Probate costs 3–5% of estate at death
Higher upfront. Minimal costs at death
Multi-state property
Requires ancillary probate in each state
No ancillary probate needed
Guardianship
Names guardians for minor children
Cannot name guardians — still need a Will
Maintenance
Simple to update via codicil
Must keep funded — new assets must be retitled
Missouri law
Chapter 473 RSMo governs probate
Missouri Uniform Trust Code (Chapter 456 RSMo)
Important: This information is educational only and does not constitute legal advice.
Every situation is unique. Consult with a licensed attorney in your jurisdiction before making estate planning decisions.
Laws change. This information reflects Missouri law as of 2026. Tax implications vary by individual circumstances.
Educational content provided by Nolan Law Firm
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