MO risk area
Intestacy risk in Missouri
How assets are distributed when there is no will and state default rules control the outcome.
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.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Missouri
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
Sources
- https://revisor.mo.gov/main/OneSection.aspx?section=474.010
- https://law.justia.com/codes/missouri/2011/title-xxx/chapter-474/section-474-015/
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Missouri.