Understanding the concept of Missouri probate exempt property is vital for surviving spouses and minor children.
When a loved one passes away, the distribution of their estate can be a complex and emotional process. However, there is a Missouri law that ensures the surviving spouse or minor unmarried children are protected and can retain certain essential property without the need to go through probate. One of those essential pieces of property is a vehicle.
In the event no Transfer on Death (TOD) beneficiary was named on the title, a surviving spouse or an unmarried minor child may transfer ownership of a vehicle titled in the deceased owner’s name without obtaining a probate order under Mo. Rev. Stat. §474.250.
To apply, the surviving spouse or unmarried minor child must submit the following items related to Missouri probate exempt property:
- A completed and signed Application for Missouri Title and License (Form 108) in the name of the surviving spouse or unmarried minor child;
- The certificate of title in the deceased’s name, or with the deceased named as purchaser in the title assignment;
- A photocopy of the proof of death (such as a death certificate or obituary);
- A completed, signed and notarized Affidavit to Establish Title to Exempt Property (Form 2305); and
- The $8.50 duplicate title fee and a $6 processing fee.
By filling out the required forms, providing proof of death, and paying the necessary fees, the Missouri Department of Revenue can transfer title smoothly, without the use of a lawyer. Knowing these rules can help make the process less overwhelming and ensure the vehicle stays with those who need it.
If you’re unsure about any part of the process, a legal professional can offer guidance and peace of mind.
This post is for informational purposes only and does not provide legal advice. You should contact an attorney for advice concerning any particular issue or problem. Nothing herein creates an attorney-client relationship between True Estate Planning and the reader.
