Missouri NonProbate Transfers Law
Explanation and Instructions Document
Your Guide to Applying the Provisions of
The Missouri NonProbate Transfers Law
Updated May 2021
This detailed document will guide you through the process of applying the provisions of the Missouri
NonProbate Transfers Law (as set forth in Chapter 461.003 - 461.081 of the Missouri Revised Statutes). Specifically, this document will provide you with an explanation of the law and a detailed
general and standard set of instructions to guide you through the steps and procedures required to title your appropriate assets in the nonprobate form to avoid the probate
You can easily avoid the probate process for your assets by following the provisions of the Missouri NonProbate
Transfers Law as explained in this valuable document. The cost for this
document is $175 and to request such document please print this page (using the printer option on your computer or click on the printer icon at the bottom of this page) and then complete
and mail this
request page with a
personal check (made payable to "Michael J. Denk") to:
Missouri Estate Planning, LLC
c/o Michael J. Denk
PO Box 6464
Chesterfield, Missouri 63006
(*Signature Required - by signing this form you acknowledge and agree to the Important Notes as set forth below.)
(i) By signing this form you agree this form will serve as the complete
written agreement between yourself and Missouri Estate Planning, LLC, to provide you with one (1) Missouri NonProbate Transfers Law Explanation document. The cost is $175 per
(ii) You understand and agree the implementation of the provisions of
such law and the adding of the various nonprobate designations to the title of your appropriate assets is YOUR responsibility.
(iii) You understand and agree no legal advice has been provided to you
and you should consult with an Attorney of your choice for any legal advice you seek or for a review of your legal affairs.
(iv) In your behalf and on behalf of your estate you hereby release and
hold harmless Missouri Estate Planning, LLC, and Michael J. Denk, Attorney at Law, from any and all claims relating to your request, use and implementation of the general information contained in
If you have any
questions or concerns please email us prior to signing and returning this request form. Send questions to:
(or use the email form at the bottom of this page)
General Overview of
Missouri NonProbate Transfers
The Missouri NonProbate Transfers Law (enacted in 1989) provides an alternative estate planning technique to that of implementing a Revocable Living Trust, a
Last Will & Testament, or Joint Tenancy ownership of assets.
The provisions of such law allow for you to retitle your assets into a nonprobate form, such as "transfer on death" (TOD) and "payable on death" (POD), and
thereby avoid the probate process. You may retitle assets such as bank accounts, automobiles, investment accounts and real estate (visit our website at www.MissouriBeneficiaryDeed.com for more information on nonprobate
real estate transfers).
The provisions of such law are set forth in Chapter 461 of the Missouri Revised Statutes.
A few of the advantages of implementing the provisions of the Missouri NonProbate Transfers Law include:
(i) The Owner of the asset retains legal title and control over the asset during his
or her lifetime.
(ii) Title ownership of the asset is transferred by law to the named Beneficiary upon
the death of the Owner, thereby avoiding the probate process.
(iii) The nonprobate designation may not be revoked by a Last Will &
(iv) The Beneficiary of the asset usually receives a full "step-up" in basis for such
asset and usually with no gift tax implications.
(v) The asset is not subject to the creditor claims of the named Beneficiary during
the lifetime of the Owner, as no interest in such asset is transferred to the Beneficiary until the death of the Owner.