When new parents in Missouri die without a will, the state’s intestacy laws dictate who inherits their assets and, critically, who will raise their minor children. This means a probate court makes decisions that could have been made by the parents, often leading to unintended outcomes and significant stress for surviving family members.
You just had a baby. Congratulations. Now, think about the unthinkable. If something happens to both you and your partner, who raises your child? What happens to your house, your savings, your life insurance? If you haven’t put a will or other estate plan in place, Missouri law decides. Not you. This isn’t fear-mongering; it’s the reality new parents in Missouri face without proper estate planning.
The Hard Truth: Intestacy in Missouri
Dying “intestate” simply means you died without a valid will. Most people think this means the state takes everything. Not exactly. What it means is Missouri law has a default plan for your property. It’s a one-size-fits-all approach, and it almost never fits your family’s specific needs.
For new parents, this gets complicated fast. Your assets, your bank accounts, your investments – they don’t automatically go to your minor child. Instead, Missouri’s intestacy laws dictate a specific order of inheritance. If you have a spouse and children, your spouse typically inherits the first $20,000 of your estate, plus half of the remaining balance. Your children inherit the other half. If you have no spouse, your children inherit everything. Sounds simple, right? It’s not. These assets don’t go directly to your child. They can’t. A minor child cannot legally own property outright. A court must step in.
This entire process happens through probate court. It’s public. It’s often slow. And it can be expensive. A judge, a stranger, will oversee the distribution of your life’s work. This is the first major roadblock for new parents who haven’t planned.
Who Raises Your Kids? Guardianship without a Will
This is the most critical issue for new parents. Your biggest worry, and rightly so, is who will care for your child if you’re gone. Without a will, you don’t get to choose. The court does. This is a guardianship proceeding, separate from asset distribution.
When there’s no will naming a guardian, any interested party can petition the probate court to be appointed. This could be a grandparent, an aunt, an uncle, or even a close family friend. The judge, again, a stranger, makes the final decision based on what they believe is in “the best interest of the child.”
This “best interest” standard is broad. It can lead to family disputes, arguments over who is most suitable, and ultimately, a drawn-out legal battle. Imagine your grieving family fighting in court over who gets to raise your child. It’s a painful scenario. This is not the legacy you want to leave. A simple will allows you to name the person or people you trust most to raise your children, avoiding this potential conflict entirely. It’s the most important reason to act.
Your Assets: Where Do They Go?
As mentioned, if you die intestate, your minor children will inherit a portion of your estate. But they won’t get direct access to it. Missouri law requires that a conservator be appointed by the probate court to manage these funds until your child turns 18. This conservator is typically the same person appointed as guardian, but not always.
The conservator has a legal duty to manage the money for the child’s benefit. This means paying for their education, health, maintenance, and support. However, every expenditure must be approved by the court. It’s a bureaucratic hurdle. It also means your child will receive all remaining assets in a lump sum the day they turn 18. Many 18-year-olds are not equipped to handle a significant inheritance responsibly. There’s no ongoing guidance, no staggered distribution, no control over how the money is spent.
You worked hard for that money. You likely envision it being used for college, starting a business, or a down payment on a home. Without a plan, you lose all control over that vision. A trust, for example, allows you to set specific conditions for how and when your child receives their inheritance, ensuring it’s used wisely and protected for their future.
The Probate Process: An Unwanted Burden
If you die without a will in Missouri, your estate will almost certainly go through probate. Probate is the legal process of proving a will is valid (if one exists) and then administering the estate – identifying assets, paying debts, and distributing what’s left to heirs.
When there’s no will, the court appoints a “personal representative” (sometimes called an administrator) to manage your estate. This person is often a family member, but they may have no experience with legal or financial matters. They’ll have to navigate court filings, communicate with creditors, and distribute assets according to Missouri’s intestacy statutes. It’s a significant responsibility, especially for someone who is already grieving your loss.
Probate can tie up assets for months, sometimes even years. It incurs legal fees, court costs, and administrative expenses. These costs reduce the inheritance your family ultimately receives. More importantly, it adds immense stress and a bureaucratic nightmare for your loved ones during an already difficult time. Proper estate planning, even a basic will, can significantly streamline this process or even help your family avoid probate entirely.
Why a Will Isn’t Enough (But It’s a Start)
A will is essential. It lets you name guardians for your minor children. It designates a personal representative to handle your estate. It dictates how your assets are distributed. For new parents, it’s the bare minimum. But it’s not the complete picture.
Even with a will, many assets may still go through probate. Property held solely in your name, without a beneficiary designation, will likely be subject to the probate process. This is where other estate planning tools come into play. A revocable living trust, for instance, allows you to transfer ownership of your assets into the trust during your lifetime. When you pass away, the assets in the trust can be distributed to your beneficiaries without going through probate court. This saves time, money, and maintains privacy.
Beyond wills and trusts, durable powers of attorney are critical. These documents allow you to designate someone to make financial and healthcare decisions for you if you become incapacitated. Without them, your family might have to go to court to get a guardianship or conservatorship over you, which is another costly and time-consuming process. Estate planning isn’t just about what happens after you’re gone; it’s also about protecting you and your family if you can’t make decisions yourself.
Taking Control: Essential Steps for New Parents
It’s clear that doing nothing leaves your family vulnerable. Taking control is straightforward. Here are the fundamental steps new parents in Northeast Missouri should consider:
- Draft a Will: This is the starting point. Name guardians for your minor children. Designate a personal representative. Specify how your tangible personal property should be distributed. This single document prevents the state from making your most personal decisions.
- Consider a Revocable Living Trust: For many families, a trust offers superior control and privacy. It avoids probate for assets held within the trust, provides for ongoing management of assets for your children, and allows for staggered distributions, preventing an 18-year-old from inheriting a fortune all at once.
- Review Beneficiary Designations: Life insurance policies, retirement accounts (401ks, IRAs), and transfer-on-death (TOD) or payable-on-death (POD) accounts pass directly to your named beneficiaries, outside of probate. Ensure these are up-to-date and name contingent beneficiaries.
- Execute Durable Powers of Attorney: These documents are for your incapacity. A Durable Power of Attorney for Healthcare names someone to make medical decisions. A Durable Power of Attorney for Finances names someone to manage your money. Both are crucial for protecting you and your family while you’re still living.
- Talk to Your Family: Discuss your choices for guardians and personal representatives with the people you’ve named. Ensure they understand and are willing to serve. Transparency prevents surprises later.
Don’t Wait: Protect Your Family’s Future
Having a new baby changes everything. Your priorities shift. Protecting that child becomes paramount. Estate planning is a crucial part of that protection. It provides peace of mind, knowing that if the unthinkable happens, your family will be cared for according to your wishes, not a default state statute.
Don’t let the complexity stop you. Patrick Nolan at Nolan Law Firm helps families in Kirksville, Adair County, and across Northeast Missouri navigate these decisions every day. We simplify the process, explain your options clearly, and help you put a robust plan in place. Your family deserves that protection. It’s an investment in their future, and your legacy.
Frequently Asked Questions
What happens to my child if I die without a will in Missouri?
A Missouri probate court will appoint a guardian for your minor child — potentially anyone who petitions, including relatives you wouldn’t have chosen. The court applies a “best interest” standard, which can trigger family disputes and litigation. A will naming a guardian is the only way to ensure your wishes are honored under RSMo Chapter 475.
Who controls my child’s money if I die intestate in Missouri?
Missouri law requires a court-appointed conservator to manage inherited assets for your minor child. Every expenditure requires court approval. At age 18, your child receives everything in a lump sum — with no restrictions. A children’s trust inside your will or a revocable living trust lets you control when and how funds are distributed.
Does a will avoid probate in Missouri?
No. A will does not avoid probate — it governs what happens during probate. To avoid probate, you need a funded revocable living trust, transfer-on-death designations, or joint ownership with right of survivorship. Patrick Nolan at Nolan Law Firm in Kirksville can help you structure assets to minimize or eliminate probate.
What is Missouri’s intestacy law for a spouse and child?
Under RSMo § 474.010, if you die with a spouse and descendants, your spouse inherits the first $20,000 of your estate plus half the remainder. Your children split the other half. This default rule rarely matches what families actually want — especially if your child’s share goes into court-supervised conservatorship.
How much does estate planning for new parents cost in Missouri?
A basic estate plan including a will, durable power of attorney, and healthcare directive at Nolan Law Firm in Kirksville typically costs far less than a contested guardianship or probate proceeding. Pricing depends on complexity. Call our office for a flat-fee consultation — we don’t bill by the hour.
Can I name a guardian for my child without a lawyer in Missouri?
Missouri allows handwritten (holographic) wills that include guardian nominations, but they carry real risk — courts scrutinize them closely and they’re often contested. A properly drafted will prepared by a Missouri estate planning attorney like Patrick Nolan ensures your guardian nomination is clear, enforceable, and harder to challenge.
Conclusion
For new parents, estate planning in Missouri isn’t optional — it’s the only way to ensure your choices, not a court’s, govern what happens to your children and your assets. Without a plan, Missouri’s intestacy statutes and probate process take over. Take control. Protect your family’s future by establishing a comprehensive estate plan.
Ready to get started? We’ve even put together a helpful checklist for new parents. Contact our Kirksville office today to schedule a consultation and secure your family’s future.
For authoritative information on Missouri intestacy law, review RSMo § 474.010 — Descent and Distribution. The Missouri Courts website also provides general information on probate and guardianship proceedings.
