MO state guide
Missouri estate risk overview
This guide explains how estate outcomes work in Missouriwhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Missouri intestacy gives the surviving spouse the entire estate if there are no descendants; otherwise the spouse receives a statutory share and the rest passes to descendants or other heirs.
- If there are no surviving descendants, the spouse inherits the entire intestate estate.
- If all descendants are also the spouse’s, the spouse receives the first $20,000 plus one-half of the balance.
- If any descendant is not the spouse’s, the spouse receives one-half of the estate.
- Any remaining estate passes to descendants, then to parents and siblings in statutory order.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
Missouri permits small-estate administration by affidavit for estates under a statutory cap after a 30-day waiting period.
- The estate value must be $40,000 or less after liens, debts, and encumbrances.
- At least 30 days must pass after death and no letters can be pending.
- A small-estate affidavit is filed with the probate division and may require a bond.
- Small-estate affidavits are filed with the probate division and may require a bond if ordered by the court.
Estate and inheritance tax exposure
Missouri does not impose an estate tax or inheritance tax.
- No Missouri estate tax.
- No Missouri inheritance tax.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
Missouri gives priority to parents for guardianship of minors; minors 14 or older may nominate a guardian, and parental nominees by will have priority if both parents are deceased.
- Parents are first in priority for appointment unless unfit or waived.
- If no qualified parent is living, a minor over age 14 may nominate a guardian unless contrary to best interests.
- A guardian named by the will of the last surviving parent has priority if both parents are deceased.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
Risk areas
Explore estate risk dimensions in Missouri
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Missouri
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in Missouri
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in Missouri
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.