MO risk area
Complexity triggers in Missouri
Scenarios that increase estate risk, such as blended families or multi-state property.
Missouri allows a surviving spouse to elect against the will and provides a separate homestead allowance.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Missouri
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
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.
Sources
- https://law.justia.com/codes/missouri/2022/title-xxx/chapter-474/section-474-160/
- https://law.justia.com/codes/missouri/2022/title-xxx/chapter-474/section-474-290/
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Missouri.