Creating a trust is only half the work — the real protection comes from properly funding it.
Most Missouri families create a trust to:
- avoid probate
- protect children
- keep things private
- control inheritance
- simplify estate settlement
But here’s the truth your attorney may not emphasize strongly enough:
⭐ A trust is useless if it isn’t funded.
Funding = putting your assets into the trust or naming the trust as beneficiary.
Unfunded trusts are the #1 reason Missouri families still end up in probate even after doing an estate plan.
This guide shows you — clearly and step-by-step — how to fund your Missouri trust, what needs to be retitled, what needs a beneficiary change, and common mistakes to avoid.
What Does It Mean to “Fund” a Living Trust?
Funding means:
✔ retitling assets into the trust’s name, or
✔ naming the trust as a beneficiary.
Your trust should own, control, or receive almost everything so your loved ones avoid:
- probate
- court delays
- disputes
- forced conservatorships
- expensive legal fees
A trust without funding is like a safe with the door left open — it offers no protection.
The Missouri Living Trust Funding Checklist (What Goes In Your Trust?)
Here is the full, attorney-approved checklist for funding a Missouri trust.
1. Your Primary Residence (Your Home)
This is the most important asset to transfer.
Why?
Because homes are the #1 cause of probate.
How to transfer:
A new deed (usually a Warranty Deed or Quitclaim Deed) must be:
- drafted properly
- signed and notarized
- recorded with the county
After recording:
- update homeowner’s insurance
- update umbrella policies
- notify your lender (they cannot block the transfer)
2. Any Other Real Estate (Vacation homes, rentals, land)
Same process as your primary residence.
Do not use a TOD deed for multiple properties unless your estate is extremely simple.
Trust ownership avoids:
- probate
- co-ownership disputes
- title delays
3. Bank Accounts
Bank accounts include:
- checking
- savings
- CDs
- money markets
You have two options:
Option A: Retitle to the trust
Good for long-term stability.
Option B: Add the trust as POD beneficiary
Simpler, but less protective for large accounts.
If you have minor children or blended families, retitling is often safer.
4. Investment Accounts (Non-Retirement)
Includes:
- brokerage accounts
- mutual funds
- stocks
- bonds
These accounts should usually be retitled into the trust.
If the financial institution prefers, you may use a TOD to trust designation.
5. Retirement Accounts (401k, IRA, 403b)
Do NOT retitle these into the trust.
Instead:
✔ Update beneficiaries
- spouse first (usually)
- trust second (contingent beneficiary)
Why?
- Retitling triggers taxes
- Beneficiary designation is the correct transfer method
- A trust can protect minor or disabled beneficiaries
If you have children under 18, naming the trust as contingent is essential.
6. Life Insurance Policies
Many Missouri parents forget this step.
Life insurance should name your trust as:
- primary beneficiary (if your spouse is not the primary), or
- contingent beneficiary (after your spouse)
Why?
Because leaving life insurance directly to kids:
- triggers probate
- creates conservatorships
- forces full payout at 18
The trust manages and protects the funds.
7. Business Interests
If you own:
- an LLC
- a corporation
- a partnership
- a sole proprietorship
- rental businesses
- family businesses
…these MUST be coordinated with the trust.
For LLCs:
Update the Operating Agreement + assign your membership interest to the trust.
For Corporations:
Transfer shares to the trust.
For Partnerships:
Update partnership documents to reflect trust ownership.
Business owners are often the worst at trust funding — and it creates massive probate issues.
8. Vehicles (Optional)
In Missouri, vehicles do not have to be funded into your trust because you can use a TOD on the title.
However, if you prefer, you can transfer the title into your trust.
Just be mindful of:
- insurance
- registration
- lender requirements
Most families use TOD for cars and trucks.
9. Personal Property
Your trust should include a personal property assignment that transfers:
- household items
- jewelry
- clothing
- furniture
- tools
- electronics
This document is simple but extremely important.
Otherwise, all personal items may be subject to probate.
10. Safe Deposit Boxes
Banks require special paperwork.
You can:
- retitle the box in the name of the trust, or
- list the trust as an authorized entity
Every county and bank has different procedures.
11. Digital Assets (Optional but Recommended)
This includes:
- online banking
- digital photos
- social media
- crypto wallets
- online subscriptions
Missouri trusts often include a “digital assets clause” that gives your trustee legal authority to access and manage these.
12. Loans You Have Made to Others
If someone owes you money:
- a promissory note
- a private loan
- a contract for deed
…then assign the loan to your trust.
This ensures repayment goes into the trust.
13. Farm Equipment, Livestock, or Agricultural Assets
Farm families often forget:
- equipment
- leases
- crop income
- mineral rights
- cattle
These must be assigned or retitled to avoid probate.
Common Mistakes Missouri Families Make When Funding a Trust
Avoid these errors:
❌ Mistake 1: Creating a trust but not funding it
This is the #1 cause of probate.
❌ Mistake 2: Forgetting to retitle the home
This creates an automatic probate case.
❌ Mistake 3: Not updating beneficiaries
Old beneficiaries (ex-spouses, deceased relatives) cause legal nightmares.
❌ Mistake 4: Relying only on TOD/POD
These tools are helpful but not enough — especially with children.
❌ Mistake 5: Not coordinating retirement accounts
These require special planning.
❌ Mistake 6: Missing small accounts
Even one forgotten bank account can trigger probate.
❌ Mistake 7: Assuming refinancing leaves trust title intact
Many lenders pull the home OUT of the trust during refinance.
It must be put back in afterward.
The Best Practice for Missouri Families: A Hybrid Approach
The ideal trust funding strategy:
✔ Real estate → placed in trust
✔ Bank accounts → POD to trust or titled in trust
✔ Investment accounts → titled in trust
✔ Life insurance → trust named as beneficiary
✔ Retirement accounts → trust as contingent beneficiary
✔ Personal property → assigned to trust
✔ Vehicles → TOD or trust title
This creates a seamless, probate-free plan.
How to Confirm Your Trust Is Fully Funded
Ask yourself:
✔ Is EVERYTHING either titled in the trust…
…or set to TRANSFER INTO the trust when I die?
If the answer is no — probate is still possible.
Final Thoughts — Funding Is What Makes Your Missouri Trust Work
A trust is only as good as the assets inside it.
Proper funding ensures:
✔ no probate
✔ clear distribution
✔ long-term protection
✔ smooth administration
✔ security for your children
✔ protection for blended families
✔ full privacy
If your trust is unfunded or partially funded, it’s not truly protecting your family.
Need Help Funding Your Missouri Trust the Right Way?
We help families:
- fully fund trusts
- retitle real estate
- update beneficiaries
- coordinate retirement accounts
- fix outdated or incomplete funding
- avoid probate entirely