MO risk areas
Missouri estate risk areas
These pages explain how default state rules in Missouri shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
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.
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Probate risk
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.
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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.
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Guardianship risk
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.
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Complexity triggers
Missouri allows a surviving spouse to elect against the will and provides a separate homestead allowance.
- A surviving spouse may elect a statutory share of the estate in lieu of the will’s provisions, with the share depending on whether descendants survive.
- A homestead allowance is available to the spouse (or minor children) and is exempt from most claims.
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