Dying Without a Will in Missouri: How Intestate Succession Actually Works

Most people assume their spouse will automatically get everything when they die. In Missouri, that is sometimes true — but not always. If someone dies without a will and leaves behind both a spouse and adult children, Missouri law splits the estate in a way that catches many families off guard. Understanding exactly how Missouri's intestate succession rules work can save you months of confusion and conflict inside the probate court.

Missouri's intestate succession is governed by RSMo Chapter 474. When someone dies without a valid will, the Probate Division of the Circuit Court in the county where the decedent lived steps in to supervise how the estate is distributed — and it is the law, not family expectation, that controls what happens next.

Who Inherits What Under Missouri's Intestate Laws

Missouri's distribution hierarchy under RSMo 474.010 follows a clear pecking order based on the relationships that existed at the time of death.

Surviving spouse plus descendants (children, grandchildren): The spouse does not get everything. Missouri law gives the surviving spouse the first $20,000 of the estate's value, plus half of the remainder. The other half goes to the decedent's descendants. So if the estate is worth $120,000, the spouse receives $20,000 plus $50,000 (half of the remaining $100,000) — a total of $70,000. The children split the other $50,000.

Surviving spouse, no descendants: In this case, the spouse inherits everything. There is no contest from parents, siblings, or other relatives.

Descendants only, no spouse: All assets go to the decedent's descendants in equal shares per stirpes. If one child predeceased the decedent, that child's own children (the grandchildren) step into their parent's share.

No spouse and no descendants: Missouri looks next to the decedent's parents, then to siblings, then to grandparents, then to more distant relatives following the statutory priority list under RSMo 474.010. If no living relatives can be found, the estate escheats — meaning it passes to the State of Missouri.

One nuance worth knowing: Missouri's half-blood rule. Half-siblings — those sharing only one parent with the decedent — inherit equally alongside full siblings in intestacy. The law treats them the same.

The Allowances Missouri Protects No Matter What (Will or No Will)

Even when a will exists that tries to cut out a surviving spouse, Missouri law carves out three automatic protections. These same protections apply in intestacy and come off the top of the estate before any distribution to heirs.

Homestead Allowance (RSMo 474.290): The surviving spouse — or minor children if there is no surviving spouse — is entitled to up to $20,000 from the estate. The actual amount is 50% of the estate's value, capped at $20,000. This is the very first claim against the estate, before creditors, before heirs.

Exempt Property Allowance (RSMo 474.250): The family is entitled to keep specific personal property up to $15,000 in aggregate value. This includes the family bible, books, clothing, household appliances, musical instruments, and kitchen furniture. Additionally — and this is significant — one motor vehicle is exempt without any dollar limit. The vehicle is protected entirely from creditors, regardless of its value.

Family Allowance (RSMo 474.260): The surviving spouse and minor children are entitled to reasonable support during the estate administration period, for up to one year. Without court involvement, this can be paid as a lump sum up to $6,000 or as monthly payments up to $500 per month. Amounts beyond these thresholds require court approval.

These three protections are not optional. Creditors cannot touch them. And in intestacy, they come before any of the distribution rules described above.

Settling a Missouri estate without a will is harder than it sounds. Our Missouri Estate Settlement Guide walks you through every form, deadline, and court step — including what to do when there is no will at all.

Non-Probate Assets Are Not Affected by Intestacy

This is one of the most important things to understand about Missouri intestacy law: it only governs probate assets. A substantial portion of most people's wealth never goes through probate at all.

The following assets pass entirely outside the intestate succession rules, regardless of what the law says:

• Transfer-on-death (TOD) accounts: Bank accounts and brokerage accounts with a named beneficiary pass directly to that person at death.
• Payable-on-death (POD) designations: Same principle — the named beneficiary collects without probate.
• Beneficiary deeds (also called Missouri transfer-on-death deeds): Real estate titled with a TOD beneficiary passes by deed, not probate.
• Life insurance policies with named beneficiaries
• Retirement accounts (IRA, 401k, 403b) with beneficiary designations
• Joint tenancy property: Passes automatically to the surviving joint tenant.

When people say their spouse "automatically" inherits, they are usually thinking of assets held in joint tenancy or with beneficiary designations. Those assets do not go through intestate succession — and they are not affected by it. The intestacy rules only control what happens to assets owned solely by the decedent with no built-in transfer mechanism.

Why Dying Without a Will Creates More Probate Work in Missouri

When a will exists, the document names an executor — the personal representative who administers the estate. Without a will, the Probate Division of the Circuit Court must appoint an administrator instead. The court follows a statutory priority list: surviving spouse first, then adult children, then parents, then siblings, and so on.

The administrator must typically post a bond equal to at least the value of the personal property in the estate, unless all heirs agree to waive it. In intestacy, getting everyone to agree requires more coordination and often more court time than a will-based probate does.

Missouri does allow independent administration — a less court-supervised track — in intestate estates, but only if all heirs consent. When heirs disagree, or when some cannot be located, the estate defaults to supervised administration, which is slower and more expensive. Every distribution requires court approval. Every significant action requires a filing.

The practical result: intestate probate in Missouri typically takes longer and costs more in court fees, publication costs, and often attorney fees than a properly drafted will would have.

The One Right Surviving Spouses Have Even When There Is a Will

While intestacy has no will to contend with, it is worth understanding a closely related right that applies when a will does exist but cuts out the surviving spouse.

Under RSMo 474.160, a surviving spouse can elect against the will — meaning they can reject what the will gives them and instead claim a statutory share of the estate. That share is:

• One-half of the estate if the decedent left no descendants
• One-third of the estate if the decedent left descendants

The election must be filed within 9 months of the decedent's death or within 6 months of the will being admitted to probate, whichever is later. The probate clerk is required by law to notify the surviving spouse within 1 month of the will being admitted.

This right exists as a policy decision: Missouri does not allow a will to completely disinherit a surviving spouse. Combined with the homestead allowance, the exempt property allowance, and the family allowance, a surviving spouse in Missouri has significant statutory protections that no will can fully override.

What This Means for the Estate You Are Settling Right Now

Dying without a will in Missouri does not mean chaos — but it does mean Missouri's law makes the decisions that should have been made in estate planning documents. The intestate distribution rules under RSMo Chapter 474 may or may not align with what the deceased would have wanted, and the probate process is typically more burdensome without a will to guide it.

If you are managing an intestate estate right now, figuring out what the family is entitled to, or trying to understand why the court keeps asking for more paperwork — getting organized with a clear process makes a real difference.

The Missouri Estate Settlement Guide covers the full process from first court filing to final distribution, with specific checklists for intestate estates, the allowance claims you can file immediately, and guidance on the forms your county probate court requires.

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