Who this is for: Missouri residents navigating an inheritance, planning their estate, or trying to understand what happens to assets when someone dies with or without a will. What it covers: Missouri intestate succession rules, spousal and children’s rights, probate process, and how estate planning can protect your family from the state’s default rules. Why it matters: Missouri’s inheritance laws determine exactly who gets what—your preferences don’t count unless you’ve documented them. Patrick Nolan is an estate planning attorney at Nolan Law Firm in Kirksville, Missouri.
The Gears That Turn Missouri Inheritance Law
First question: was there a will, and if so, is that will real—signed, witnessed, legal under Missouri inheritance laws? If the answer’s yes, the instructions inside that document tend to rule. But even a valid will can’t sweep aside a spouse’s rights or leave minor children adrift. If there isn’t any will, Missouri law flips to automatic pilot—called intestate succession—and follows a priority ladder, pushing assets down predetermined routes.
A person dies. The law steps in. Missouri doesn’t leave inheritance up to chance or to squabbling relatives. The state has set statutes—clear, direct—spelling out exactly who gets what after someone’s gone. These rules stand whether that person left a formal will behind or died with their pockets turned out and no instructions at all.
Dies Without a Will: Missouri’s Default Playbook
No will? Missouri calls this dying “intestate.” There’s a direct sequence for who gets the estate, and it all starts with blood or legally tied family.
The Choice: Letting the State Decide vs. Taking Control
| Scenario | Dying Without a Plan (Intestate) | With a Solid Estate Plan (Will/Trust) |
|---|---|---|
| Who Decides? | Missouri State Law. Your assets are distributed by a rigid formula, regardless of your actual relationships. | You Do. You choose exactly who gets what, including specific gifts for friends or charities. |
| Timeline | Months to Years. Probate is a slow public court process that freezes assets until a judge approves distribution. | Weeks (or Immediate). With a Trust or Transfer on Death Deed, assets can transfer automatically, bypassing probate delays. |
| Cost | High. Court fees, executor bonds, and attorney fees can drain 3-7% of the total estate value. | Low. A one-time planning fee protects the bulk of your wealth for your family, not the court system. |
| Privacy | None. Your assets, debts, and beneficiaries become public record for anyone to see. | Private. Trusts and non-probate transfers keep your family financial matters completely out of the public eye. |
| Family Harmony | Risk of Conflict. Confusion over who gets the house often destroys sibling relationships. | Peace of Mind. Clear instructions stop arguments before they start, preserving family relationships. |
What Spouses and Children Get
The spouse and kids don’t wait in line—they’re at the head. Missouri inheritance laws are cut-and-dry about who gets first dibs:
- No children from old relationships? The current spouse inherits it all. Simple.
- All kids are from the spouse? The surviving spouse takes everything. Kids and spouse share the same pile.
- Children from outside this marriage? The spouse receives $20,000 from the estate right off the top, then takes half of what’s left. Those outside children split the rest equally.
Not all kids are equal by Missouri’s standards. Stepchildren inherit only if formally adopted or named in the will. Biological and legally adopted kids are woven in by law.
The Blood Runs Thin: Inheritance for Extended Family
If there’s no spouse and no child left alive, Missouri doesn’t throw up its hands. The law hunts out the next closest family:
- Parents and siblings take over: If the main circle is gone, the estate breaks up among parents and siblings.
- More distant kin? The state draws wider circles—out to aunts, uncles, cousins, one by one as the law lists.
- No one left standing? The state itself inherits. It’s rare, but that’s the end of the line—property goes to Missouri.
If There’s a Will: Testate Inheritance in Missouri
A valid will is a lifeline to order. It lets a person call the shots when they’re no longer around. Missouri doesn’t accept every scribble on a napkin. The will has to be properly written, signed by someone of sound mind at least 18 years of age, and backed by two capable witnesses. Handwritten, unwitnessed wills don’t make the cut unless allowed from out of state.
When a real will is in play, the named executor takes command. They gather up what’s in the estate, pay off debts, file the taxes, and get the property to whoever’s named—court watching over every step. None of this sidesteps probate. Missouri courts track the process, making sure each rule is met.
No Erasing the Spouse: Limits on Disinheritance
There’s no wiping out a spouse by will in Missouri without a fight. Even if a will says “leave nothing,” the law protects the spouse through the “elective share.” The surviving spouse can claim one-half of the estate if there are no children involved, or one-third if there are children. This comes right off the top before any other distributions, no matter what the will says.
Minor children get some protection, at least for owed support. Adult children, however, can be cut out of a will unless there’s evidence of fraud, force, or incompetence.
Probate: What Actually Happens After Death
Probate cuts through the formalities—county courthouses, lawyers, misplaced keys. The court names someone (usually the executor) to round up assets, pay what’s owed, then hand out what’s left. In Missouri, probate isn’t quick. It usually drags on for months. Complications, debts, or fighting can stretch things even longer.
Not every asset makes it into probate. Anything jointly owned with right of survivorship, accounts with named beneficiaries, and property in a trust pass outside the process. A bit of paperwork can save families a year of headaches.
Short Track: The Small Estate Option
For estates worth $40,000 or less, Missouri lets families use a Small Estate Affidavit. Skip the full court procedure, collect the property, settle affairs with less fuss and lower attorney’s fees.
The Gray Areas: Missouri Inheritance Laws and Real Questions
Stepchildren, Adopted Kids, and Family Ties
Adopted children get equal footing under Missouri inheritance laws—they inherit as if born to the decedent. Stepchildren do not, unless the will states it or they were legally adopted. If you want a stepchild included, speak up in your estate plan.
Half-Siblings and Children Born Out of Wedlock
Half-siblings are treated the same as full siblings when it comes to dividing an estate. Children born outside of marriage inherit just like anyone else, as long as paternity is established by law.
Settling the Bills First
Creditors have the first crack at the estate. Missouri law requires a published notice to creditors once probate begins. Those owed money get six months to make their claim—debts, funeral bills, taxes too. Only after clearing those hurdles can heirs see what’s left.
Transferring Real Estate Without Probate
Missouri’s beneficiary deed—also called a Transfer on Death Deed—lets an owner name a future heir directly on the property record. If recorded before death, the property moves automatically after the owner is gone, never touching probate. This single step can keep families out of court.
Plan Ahead, Cut Down on Trouble
No one wants confusion or a family court brawl. Solid planning now with a Missouri estate attorney means your wishes get followed and cuts down on ugly surprises. That plan can mix wills, trusts, up-to-date beneficiaries, power of attorney forms, and medical directives.
Families are complicated—second marriages, business partners, special needs, estranged siblings. The more complicated, the more you need a plan custom-built for your life. Miss the details, and your estate may land where you never wanted it.
Missouri’s rules focus on fairness, finality, and efficiency. Don’t leave your family’s future up to a default state statute. Contact Nolan Law Firm today at 660-956-4502 or click here to schedule a consultation to ensure your assets go exactly where you want them.
Frequently Asked Questions: Missouri Inheritance Laws
What are the inheritance laws in Missouri?
Missouri inheritance laws determine who receives a deceased person’s assets. If there is a valid will, assets are distributed according to its terms, subject to a spouse’s elective share rights. If there is no will, Missouri’s intestate succession statute (RSMo § 474.010) distributes assets in a fixed order: spouse and children first, then parents and siblings, then more distant relatives, and finally the state itself if no heirs exist.
How does Missouri distribute assets if there is no will?
Under Missouri intestate succession, if the deceased had a spouse and children all from that spouse, the spouse inherits everything. If the deceased had children from outside the current marriage, the spouse receives $20,000 plus half the remaining estate; the outside children split the other half. If there is no spouse and no children, assets pass to parents, siblings, and more distant relatives in that order.
Can a spouse be disinherited under Missouri law?
Not entirely. Missouri law gives a surviving spouse the right to claim an “elective share”—one-half of the estate if there are no children, or one-third if there are children—regardless of what the will says. This right exists to prevent a spouse from being left with nothing. Adult children, by contrast, can be disinherited by will as long as there is no evidence of fraud or undue influence.
Do stepchildren inherit under Missouri law?
Not automatically. Under Missouri intestate succession, stepchildren have no inheritance rights unless they were legally adopted by the deceased. However, a stepparent can include a stepchild in their will or trust. Without formal adoption or an estate plan that names them, stepchildren are legally excluded from the estate.
What is the small estate limit in Missouri?
Missouri allows a simplified Small Estate Affidavit process for estates with a gross value of $40,000 or less. This procedure allows heirs to collect assets without going through full probate, significantly reducing time and cost. The threshold applies to the total probate estate, not including assets that pass outside of probate through beneficiary designations or joint ownership.
How long does probate take in Missouri?
Most Missouri probate cases take between six months and one year, though complex estates or contested wills can take two years or more. The process involves filing the will with the probate court, publishing notice to creditors, paying debts and taxes, and distributing assets to heirs. A revocable living trust or beneficiary deed can help families avoid probate entirely.
