Affidavit of Heirship in Missouri
Whether Missouri lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Missouri uses a court 'determination of heirship.' If no administration has been started within one year after death and no will was presented for probate in time, anyone claiming property as an heir (or through an heir) may petition the probate division to determine the heirs and their… RSMo § 473.663
| Affidavit / determination of heirship | Missouri uses a court 'determination of heirship.' If no administration has been started within one year after death and no will was presented for probate in time, anyone claiming property as an heir (or through an heir) may petition the probate division to determine the heirs and their shares. Notice is published once a week for four consecutive weeks and mailed to known claimants. The court's decree is conclusive as to the parties, and a certified copy must be recorded in each county where described real estate is located. Source: RSMo § 473.663 |
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| Who inherits without a will | The surviving spouse takes the entire estate if there are no descendants. If all descendants are also the spouse's, the spouse takes the first $20,000 plus one-half of the rest; if any descendant is not the spouse's, the spouse takes one-half. The remainder (or the whole estate with no spouse) goes to children and their descendants; if none, to parents, siblings and their descendants equally; then grandparents, uncles and aunts and their descendants; then more remote ancestors. Collateral relatives beyond the ninth degree do not inherit. Source: RSMo § 474.010 |
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- Who Inherits If You Die Without a Will in Missouri
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- How Probate Works in Missouri
- Living Wills and Advance Directives in Missouri
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- All Missouri wills, probate and estate rules
FAQ
Does Missouri have an affidavit of heirship?
Missouri uses a court 'determination of heirship.' If no administration has been started within one year after death and no will was presented for probate in time, anyone claiming property as an heir (or through an heir) may petition the probate division to determine the heirs and their shares. Notice is published once a week for four consecutive weeks and mailed to known claimants. The court's decree is conclusive as to the parties, and a certified copy must be recorded in each county where described real estate is located.
Who inherits if someone dies without a will in Missouri?
The surviving spouse takes the entire estate if there are no descendants. If all descendants are also the spouse's, the spouse takes the first $20,000 plus one-half of the rest; if any descendant is not the spouse's, the spouse takes one-half. The remainder (or the whole estate with no spouse) goes to children and their descendants; if none, to parents, siblings and their descendants equally; then grandparents, uncles and aunts and their descendants; then more remote ancestors. Collateral relatives beyond the ninth degree do not inherit.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.