When a person dies without a will in Missouri, their property passes under the state’s intestate succession statute, which sets fixed shares for the surviving spouse and closest blood relatives and routes the transfer through a probate court. The court appoints an administrator, debts and certain family protections are paid first, and whatever remains is distributed in the order the statute requires. Non-probate assets like jointly owned property and accounts with named beneficiaries move outside this process entirely.
Who Inherits Under Missouri’s Intestacy Statute
Missouri law walks down a hierarchy. The share each person receives depends on who else is alive at the time of death, and some of the distinctions catch families by surprise.
The Surviving Spouse’s Share
A surviving spouse’s inheritance turns on two facts: whether the deceased left any descendants, and whether those descendants are also the spouse’s children.1Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 474.010
- No surviving children or grandchildren: the spouse inherits everything.
- All children are also the spouse’s children: the spouse receives the first $20,000 in value plus half the balance, and the children divide the rest equally.
- At least one child is not the spouse’s child: the spouse receives a flat half of the estate. The $20,000 preference does not apply.
Blended families run into trouble with that third rule. A surviving spouse who assumed they would get the preferential share loses it the moment stepchildren are in the picture.
Children and Grandchildren
If there is no surviving spouse, the estate is divided equally among the deceased’s children. Biological and legally adopted children count; stepchildren and foster children do not. Children born outside marriage inherit on the same footing as any other child, provided paternity was legally established. If paternity was never confirmed during the parent’s lifetime, the child may need to produce evidence such as DNA testing or a prior court order to claim a share.
When a child predeceased the parent but left descendants, those grandchildren step into the deceased child’s place and split that share. Missouri calls this per stirpes distribution.2Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 474.020 A minor who inherits typically needs a guardian or conservator appointed to hold the property until adulthood.
Parents, Siblings, and More Distant Relatives
With no spouse, children, or grandchildren, the estate passes to the deceased’s parents. If no parent survives, it goes to siblings and their descendants, then to grandparents, aunts, uncles, and cousins. If the court cannot locate any qualifying relative, the property escheats to the state.1Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 474.010
Half-blood relatives are treated differently from whole-blood ones when inheritance passes sideways. A half-sibling inherits half of what a whole sibling receives. If every collateral heir is of the half blood, they take full shares, but any living ancestor in that line receives a double portion.3Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 474.040
When an Heir Is Disqualified
Someone who caused the deceased’s death cannot inherit from them. Under RSMo 461.054, inheritance obtained through fraud, duress, undue influence, or by causing the owner’s death can be voided. A criminal conviction is not required; an interested party can bring a civil action and prove responsibility by a preponderance of the evidence. A disqualified heir is treated as having died before the decedent, and the estate passes accordingly.
What the Spouse and Minor Children Get First
Before creditors are paid and before the intestacy shares are calculated, Missouri law pulls three protections off the top for the surviving spouse and unmarried minor children. Miss the filing window on one of them and it is gone.
Exempt Property
Certain personal items pass to the surviving spouse outright and free from creditor claims, regardless of value. If no spouse survives, unmarried minor children split them equally. The list includes the family Bible and other books, one automobile or pickup truck, all wearing apparel of the family, all household electrical appliances, all household musical and amusement instruments, and all household and kitchen furniture, utensils, and implements.4Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 474.250
Family Allowance
The surviving spouse and any minor children the deceased had been supporting are entitled to a reasonable cash allowance for maintenance during administration. It can run up to one year and may be paid as a lump sum or in installments. The court sets the amount based on prior standard of living, the condition of the estate, and the applicant’s other income. The allowance is not charged against the intestate share.5Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 474.260
Homestead Allowance
On top of the two protections above, the surviving spouse (or unmarried minor children if no spouse survives) may receive a homestead allowance of up to $15,000 or 50 percent of the estate’s value after exempt property and the family allowance are deducted, whichever is less. It is also exempt from creditor claims. The deadline is unforgiving: if no one petitions for it within ten days after the deadline for filing creditor claims, the allowance is deemed waived permanently.6FindLaw. Missouri Revised Statutes Title XXXI Section 474.290 – Homestead Allowance
Property That Skips the Intestacy Rules
Not everything the deceased owned becomes part of the probate estate. Several categories of property pass directly to a named person or co-owner and are never divided under the intestate shares described above.
Property held in joint tenancy with rights of survivorship passes automatically to the surviving owner. Missouri also recognizes tenancy by the entirety for married couples, which works similarly and adds protection against one spouse’s individual creditors.7Missouri Revisor of Statutes. Missouri Revised Statutes 471.030 – Joint Tenants or Tenants by Entirety
Assets with beneficiary designations, such as life insurance policies, retirement accounts, and payable-on-death or transfer-on-death bank accounts, go to the named beneficiary. Missouri also allows beneficiary deeds for real estate, which transfer property at the owner’s death only if the deed was signed and recorded with the county recorder before the owner died.8Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 461.025 Assets placed in a revocable living trust also bypass probate; the trustee distributes them according to the trust terms.
Debts the Estate Pays Before Heirs See Anything
Heirs receive what is left after valid debts are paid. Missouri law ranks claims into ten priority classes, and higher-priority classes are paid in full before lower ones get anything:
- Class 1: Court costs
- Class 2: Expenses of administration
- Class 3: Exempt property, family allowance, and homestead allowance
- Class 4: Funeral expenses
- Class 5: Federal debts and taxes
- Class 6: Medicaid debts owed to the state under RSMo 473.398
- Class 7: Expenses of last illness, wages of servants, medical costs, and a reasonable tombstone
- Class 8: State, county, and local debts and taxes
- Class 9: Judgments entered during the decedent’s lifetime
- Class 10: All other claims
Lower-priority creditors may be paid partially or not at all.9Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.397
Medicaid recovery catches many families off guard. The MO HealthNet Division can file a claim against the estate for benefits paid to the deceased. The state will not pursue recovery, however, if a surviving spouse, a child under 21, or a blind or disabled child of any age is still living. For participants age 55 and older who received nursing facility care, the state may also place a lien on real property during the person’s lifetime, which must be resolved before the property can transfer to heirs.10MO HealthNet Division. MO HealthNet Cost Recovery
Heirs are not personally liable for the deceased’s debts. Creditors can collect only from estate assets. A lien on inherited real estate follows the property rather than the heir personally, but the heir may need to negotiate with the lienholder or sell the property to clear the debt before using it freely.
How the Probate Process Works
Probate begins when an interested party, usually a close family member, files a petition for administration in the probate court of the county where the deceased lived. The petition identifies the deceased, lists known assets, and names potential heirs. The court appoints a personal representative — called an administrator when there is no will — to manage the estate.
With no will to name an executor, the court appoints an administrator by statutory priority. The surviving spouse comes first, followed by other people entitled to a share of the estate whom the court believes will best manage it. If no qualified family member steps forward, the court can appoint an outside party.11Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.110 The administrator inventories assets, notifies creditors, pays debts in the correct priority order, and distributes what remains.
Creditors have six months from the date notice is first published to file claims. A creditor who receives direct notice from the administrator has at least two months from that mailing. Claims filed after those deadlines are generally barred forever.12Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.033
Missouri permits independent administration, which reduces court oversight and shortens the process, but for an intestate estate every heir must consent. If even one heir objects, the estate proceeds through standard supervised probate with more frequent court check-ins.13Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.780
The Small Estate Shortcut
When total assets (minus liens and debts) do not exceed $40,000, an heir can file a small estate affidavit instead of opening a full administration. The affidavit lists all assets and their values, names the heirs, and includes a sworn statement that debts, taxes, and funeral expenses have been or will be paid. The heir must wait at least 30 days after the death to file, and no other petition for administration can be pending or already granted.14Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 473.097
If the estate’s value exceeds $15,000, the court clerk must publish a notice to creditors in a local newspaper once a week for two consecutive weeks, with proof of publication filed within ten days after the last run.15Missouri Revisor of Statutes. Missouri Revised Statutes 473.097 – Small Estate Transferring real estate through the affidavit process can require additional legal steps.
When to Get Legal Help
A simple intestate estate with cooperative heirs and modest assets can often be handled without a lawyer, especially through the small estate affidavit. Intestate estates with blended families, disputed paternity, significant debts, Medicaid claims, or real estate in multiple counties are a different matter. The spousal-share rules alone trip people up, and mistakes in the debt priority order can expose the administrator to personal liability. Missouri courts may approve reasonable attorney fees as an administrative expense of the estate, so the estate itself usually pays rather than the heirs out of pocket.