Probate in Missouri: What Your Family Goes Through Without a Will

When someone dies without a will in Missouri, the estate looks to the state's intestate succession laws and relies on the probate division of circuit court for distribution. Some assets skip the probate process entirely.

‍

If that’s desired, consider the following.  

• Make sure all life insurance policies have a designated beneficiary.

• Ensure all retirement accounts have a designated beneficiary.

• Property held in joint tenancy with right of survivorship can bypass probate.

• Review bank accounts and place a payable-on-death designation where possible.

If none of these apply, Missouri offers a small estate procedure under RSMo 473.097 for estates worth $40,000 or less, after subtracting debts, liens, and encumbrances, once at least 30 days have passed since the death.

Succession Laws Without a Will in Missouri

Missouri is not a community property state, so all assets are treated the same. Under RSMo 474.010, the lines of succession without a will are as follows.

• If you are married but have no descendants, your spouse inherits everything.

• If you have descendants but no living spouse, your descendants inherit everything, divided equally.

• If you have no spouse and no descendants who are living, your parents, brothers, and sisters share the estate equally.

If you are married and have descendants, the split depends on whether those descendants are shared with your spouse.

• If all of your descendants are also your spouse's, your spouse inherits the first $20,000, plus one-half of the balance. Your descendants inherit the rest.

• If one or more descendants are not your spouse's, your spouse inherits one-half of the estate, and your descendants split the other half.

Want to compare your options before or after probate? Compare what is included in a will and a trust.