Missouri

At a Glance

Filing Requirements

In Missouri, a death certificate must be filed with the local registrar within five days after death and before the final disposition of the body. This ensures that the death is officially recorded and allows for subsequent legal processes to proceed.

• –The funeral director or person in charge of final disposition is typically responsible for filing the death certificate.
• –Medical certification, including the cause of death, must be completed by the attending physician, physician assistant, assistant physician, or advanced practice registered nurse within 72 hours after death.

Obtaining Copies

Certified copies of a death certificate can only be issued to individuals with a 'direct and tangible interest' in the record. This includes immediate family members, legal representatives, and others who require the document for personal or property interests.

• –The first certified copy costs $14, and additional copies ordered at the same time cost $11 each.
• –Identification is required for in-person requests, and mail-in applications must be notarized.

How do I get a death certificate in Missouri?

Order certified copies from Missouri's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Missouri?

$14 per certified copy in Missouri, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

Small Estate Affidavit

Missouri offers a simplified probate process for small estates through a small estate affidavit. This allows for the collection and distribution of assets without full, formal probate, which can be time-consuming and costly.

Conditions for Small Estate Affidavit

To utilize the small estate affidavit, several conditions must be met, including a waiting period and potential publication requirements.

• –Thirty days must have passed since the decedent's death.
• –If the estate's value is over $15,000, a notice to creditors must be published in a newspaper.
• –A bond, in an amount not less than the value of the personal property, must be filed, unless waived by the court.

What is the small-estate limit in Missouri?

$40,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Missouri?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Missouri allow transfer-on-death deeds?

Yes. Missouri authorizes the beneficiary deed under Mo. Rev. Stat. § 461.025 (Nonprobate Transfers Law of Missouri, §§ 461.003–461.081). Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Missouri pioneered the beneficiary deed in 1989; the deed must be recorded before the owner dies or it is void.

Source: Mo. Rev. Stat. § 461.025 (Nonprobate Transfers Law of Missouri, §§ 461.003–461.081) ↗

Die without a will in Missouri and this law picks your heirs.

If you die intestate (without a valid will) in Missouri, Mo. Rev. Stat. § 474.010 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): the entire estate.
• –Spouse + parents (no descendants): parents get nothing, the spouse still takes the entire estate.
• –Spouse + joint descendants: the first $20,000 plus one-half of the balance; descendants take the rest.
• –Spouse + blended family: one-half of the estate, no $20,000 set-aside; descendants take the other half.
• –Source: Mo. Rev. Stat. § 474.010

Children's shares.

The children, or a deceased child's descendants, take the entire estate in equal parts.

No spouse, no children: the line of succession.

With no spouse or descendants the estate goes to the decedent's parents and siblings or their descendants, then grandparents, uncles, and aunts or their descendants, then great-grandparents and on up the ancestral line; collateral relatives beyond the ninth degree take nothing, then the kindred of a predeceased spouse inherit, and if no one qualifies the estate escheats to the state.

At a Glance

Types of Advance Directives

Missouri law recognizes two documents, and they follow different rules.

• –A living will declaration (RSMo chapter 459) states which death-prolonging procedures you refuse if you have a terminal condition.
• –A durable power of attorney for health care (RSMo § 404.800 et seq.) names an agent to make medical decisions for you when you cannot.

Requirements for Validity

The two documents are signed differently. Missouri requires a notary for the health care power of attorney but not for the living will.

• –Living will: in writing, signed and dated by the declarant. Two witnesses at least 18 years old must sign unless the declaration is wholly in the declarant's handwriting; a person who signs the declaration on the declarant's behalf cannot be a witness. No notary (RSMo § 459.015).
• –Health care power of attorney: signed, dated, and acknowledged before a notary, the same formality Missouri law sets for real estate deeds. Witnesses are not required (RSMo §§ 404.810, 404.705).

Where do I get Missouri's advance directive form?

The controlling law is RSMo § 459.015 (living will); § 404.800 et seq. (health care power of attorney), linked as this section's source. Most people use the free statutory form: Missouri's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Missouri require a notary or witnesses for an advance directive?

Missouri requires notarization and 2 adult witnesses, as shown in the requirements above. Anyone 18 or older of sound mind can make one.

At a Glance

Right of Sepulcher

Missouri law grants the 'right of sepulcher' to specific individuals, which is the right to choose and control the burial, cremation, or other final disposition of a dead human body. This right follows a statutory order of priority.

• –The priority runs: an attorney in fact named in a durable power of attorney that grants the right of sepulcher; for service members, the person named on Department of Defense Form 93; the surviving spouse, unless a dissolution action has been filed; surviving children; parents; siblings; then the next nearest relative (RSMo § 194.119).
• –A funeral director is entitled to rely on the instructions of the person claiming to be the next-of-kin.

Cremation Regulations

Missouri sets no general waiting period before cremation. The funeral board's crematory rule (20 CSR 2120-2.071) controls who must sign off and how.

• –Written authorization for cremation must be signed before cremation by the person entitled to custody or control of the body, and the establishment keeps it in its permanent records.
• –If the deceased signed a written authorization to cremate, including in a preneed contract, and never revoked it, that authorization is sufficient on its own.
• –A body cannot be cremated with a pacemaker in place, except by chemical disposition; the funeral director must make sure pacemakers are removed first.

Burial on Private Property

While most burials occur in established cemeteries, Missouri law permits burial on private property under certain conditions.

• –A 'family burying ground' can be established, not exceeding one acre.
• –The land must be deeded in trust to the county commission for use as a family burial ground.
• –The deed must be recorded within 60 days of the conveyance (RSMo § 214.090).

At a Glance

No State Estate or Inheritance Tax

Missouri is one of the states that does not impose a state-level estate tax or inheritance tax. This means that heirs will not pay a tax to the state of Missouri on the assets they inherit.

Does Missouri have an estate tax?

No. Missouri has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Missouri have an inheritance tax?

No. Missouri does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as a Donor

In Missouri, individuals can legally consent to donate their organs, eyes, and tissues after death by registering with the Donate Life Missouri registry. This registration serves as legal consent for donation.

• –Registration can be done online, when obtaining or renewing a driver's license, or by mailing a registration form.
• –The decision to donate can be amended or revoked at any time.

Legal Framework and Protections

Missouri's Revised Uniform Anatomical Gift Act (RUAGA) provides the legal framework for organ and tissue donation, ensuring donor wishes are honored and protecting those involved in the donation process.

• –Organ recovery occurs only after all efforts to save a life have been exhausted and death is legally declared.
• –Donation does not disfigure the body or delay funeral arrangements.
• –The donor's family is not charged for costs associated with organ and tissue recovery.