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Estate Planning · Wills and beneficiary deeds

A will that says what you mean, and a deed that keeps your home out of probate.

A will names who receives what, who is in charge, and who raises your children. It does not keep your house out of probate. In Missouri, a recorded beneficiary deed does, and we include one in every will-based plan.

What a Missouri will does, and doesn't do

  • It names who receives your property and who is in charge (the personal representative).
  • It names a guardian for minor children. Nothing else does.
  • It is instructions to the probate court. A will takes effect through probate; it does not avoid it. That is what beneficiary deeds, beneficiary designations and trusts are for.
  • It must be signed in front of two witnesses (RSMo 474.320). We add a notarized self-proving affidavit (RSMo 474.337) so the witnesses never have to be found later.
  • Since August 28, 2025, Missouri recognizes electronic wills signed with the witnesses present by live video. We offer it when it fits; most clients still sign in our office.
Included with every will

The Essentials plan

  • Will, with self-proving affidavit
  • Durable financial power of attorney
  • Health care power of attorney and directive
  • HIPAA authorization
  • A Missouri beneficiary deed for your home, recorded with the county
  • Review of the beneficiary designations on your accounts and vehicles
  • A plain-English summary for your family

Flat fee, quoted in writing on the first call.

The beneficiary deed: Missouri's quiet advantage

A beneficiary deed (RSMo 461.025) is recorded with the county recorder while you're alive and names who receives the property when you die. Until then nothing changes: you own it, you can sell it, refinance it, or record a new deed that revokes the old one. At your death the property passes to the person or trust you named, outside probate, with a death certificate and an affidavit.

For many Branson homeowners whose family is straightforward, a will plus a beneficiary deed plus beneficiary designations on their accounts is the whole plan. It costs a fraction of a trust, and it works.

Where it falls short

  • It covers only the Missouri property described in it. Property in another state needs that state's tool, or a trust.
  • If the person you name dies first and no alternate is named, the house falls back into probate. We always name alternates, and the Maintenance Plan checks them yearly.
  • It gives the property outright. If an heir is a minor, disabled, or shouldn't receive a house outright, a trust is the better answer.
  • Accounts need their own beneficiary designations under Missouri's nonprobate transfer law. We review every one.

How it works

About two to three weeks from the first call to a recorded deed.

  1. STEP 1

    A free 15-minute call

    We book your design meeting and quote the fee in writing.

  2. STEP 2

    Design meeting

    Bobby confirms a will-based plan is right for you, or tells you why it isn't.

  3. STEP 3

    Signing day

    Two witnesses and a notary at our office. Everything signed in one visit.

  4. STEP 4

    Recording and summary

    We record the beneficiary deed, confirm it to you, and hand over your summary and originals.

How we charge

A flat fee for the whole Essentials plan, quoted in writing before any work begins, plus the county's recording fee for the deed. No hourly billing.

Bobby Afshar, attorney

Your attorney

Bobby Afshar

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Common questions

General information about Missouri law, not advice about your situation.

What happens if I die without a will in Missouri?

State law decides who inherits, in a fixed order, and the court appoints someone to handle the estate. The result may not match what you would have chosen, especially in a second marriage or with stepchildren.

Do I need a trust instead?

Not if all your real estate is in Missouri, your heirs are adults who can manage an inheritance, your accounts allow beneficiary designations, and the family gets along. A trust earns its cost when one of those isn't true.

Can my estate skip probate entirely?

Often, yes. If the house passes by beneficiary deed and the accounts pass by designation, what's left may qualify for Missouri's small estate procedure, available when the remaining estate is $40,000 or less (RSMo 473.097).

I wrote my own will. Is it valid?

It may be, if it was signed in front of two witnesses. Homemade wills more often fail by leaving things out than by being invalid. We'll read it for a flat fee and tell you.

Where should I keep the original?

Somewhere your personal representative can get to it without a court order: not a safe deposit box only you can open. We give you a plain-English summary that says where it is.

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Put your wishes in writing, and record the deed.

A free 15-minute call tells you whether the Essentials plan is enough, and what it costs.

The choice of a lawyer is an important decision and should not be based solely upon advertisements.This disclosure is required by rule of the Supreme Court of Missouri. Contacting the firm does not create an attorney-client relationship, and information on this site is general, not legal advice.
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