Who Inherits If You Die Without a Will in Missouri
Missouri's intestacy rules: who inherits when there is no will, the surviving spouse's share, and how small estates are handled.
Short answer: 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; RSMo § 474.010
| 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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| Surviving spouse's share | When a married person dies with a will, the surviving spouse may elect to take one-half of the estate (subject to claims) if the decedent left no lineal descendants, or one-third if there are lineal descendants, in addition to exempt property and the family allowance. Source: RSMo § 474.160 |
| Small estate affidavit | If the entire estate, less liens, debts and encumbrances, is $40,000 or less, a distributee (or the personal representative named in a will) may file a small estate affidavit with the probate division at least 30 days after death, if no application for letters is pending or granted. A bond is generally required unless the court waives it. Real estate may pass this way; the affidavit and clerk's certificate are recorded with the recorder of deeds. If the property listed is over $15,000, the clerk publishes notice to creditors for two weeks. Source: RSMo § 473.097 |
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- How to Make a Valid Will in Missouri
- How Probate Works in Missouri
- Living Wills and Advance Directives in Missouri
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- Letters Testamentary in Missouri
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- All Missouri wills, probate and estate rules
FAQ
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.
What is a surviving spouse entitled to in Missouri?
When a married person dies with a will, the surviving spouse may elect to take one-half of the estate (subject to claims) if the decedent left no lineal descendants, or one-third if there are lineal descendants, in addition to exempt property and the family allowance.
What is the small estate limit in Missouri?
If the entire estate, less liens, debts and encumbrances, is $40,000 or less, a distributee (or the personal representative named in a will) may file a small estate affidavit with the probate division at least 30 days after death, if no application for letters is pending or granted. A bond is generally required unless the court waives it. Real estate may pass this way; the affidavit and clerk's certificate are recorded with the recorder of deeds. If the property listed is over $15,000, the clerk publishes notice to creditors for two weeks.
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.