What Happens if You Die Without a Will in Missouri?
If you die without a will in Missouri, distribution of your estate will follow the state's intestate succession laws found in RSMo 474.010. Your marital status and family situation affects who receives what from the estate.
If You are Married with Children
- 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 remainder, divided equally.
- If one or more descendants are not your spouse's, your spouse inherits one-half of the estate outright, and your descendants split the other half.
If You are Married Without Children
If you have no children, your spouse inherits your entire intestate estate.
If You Don't Have a Spouse, but Have Children
Your children inherit everything in equal parts. However, this generally does not include stepchildren.
If You Don't Have a Spouse or Children
Your father, mother, brothers, and sisters (or their descendants) share your estate equally.
If No Living Relatives Can Be Found
If no living relative can be located within the intestate guidelines, including grandparents, uncles, and aunts, your property escheats to the State of Missouri. This does not often happen because distant relatives are considered in the line of succession.
Other Things to Know about Dying Without a Will in Missouri
- Heirs generally must survive you by 120 hours to inherit.
- Missouri requires the personal representative of an estate to be represented by an attorney, a requirement most other states do not impose.
- Stepchildren are not considered for inheritance unless they were legally adopted.
- The probate division of circuit court will appoint an administrator who will oversee the distribution of the estate.
When Does an Estate Go Through Probate Without a Will
If the estate is worth $40,000 or less, after subtracting debts, liens, and encumbrances, your family may qualify for Missouri's small estate procedure instead of a full probate proceeding, once at least 30 days have passed since the death.
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