Death Without a Will—The State Takes Over
When someone in Missouri dies without a valid will, the law steps in. The estate doesn’t wait for family debates or old promises—it gets stamped “intestate,” and Missouri’s default rules kick in at the courthouse. Maybe the person meant to make a will and never found time. It doesn’t matter why. The aftermath is the same. Missouri law decides who inherits, not the family. Property moves down a line set in state statutes — RSMo Chapter 474. Someone’s best intentions or private wishes count for nothing if they never made it official.
These statutes reach only “probate assets” — things in your name alone, without a named beneficiary or joint owner. Life insurance, most retirement accounts, and jointly owned property bypass probate entirely. But many families lose track of outdated designations, and those assets can get swept back in.
Who Gets What? Missouri’s Order of Inheritance
Missouri’s intestate succession order follows a fixed pecking order based on family structure at the date of death. The statutes divide the inheritance depending on who survives. In blended families or complex situations, the simple chart turns messy fast.
Spouses and Children: The Hard Math
- No Surviving Descendants: The surviving spouse claims the whole estate. No share for siblings or parents.
- Descendants With Same Spouse: Spouse gets the first $20,000 plus half of the remainder. Children split the other half.
- Children From Another Relationship: Spouse gets half. All the deceased’s descendants split the other half equally — regardless of which relationship they came from.
Died Unmarried—or the Spouse Is Gone
- Children, or their descendants by right of representation.
- Parents, if there are no surviving descendants.
- Siblings and, if they’re gone, nieces and nephews.
- Grandparents.
- Aunts and uncles, then cousins.
If no relative in this list can be found, the estate belongs to Missouri. The state doesn’t pay for sentiment.
Inheritance in Real Life
Married, No Kids
Jane dies married to Tom, no descendants. Tom takes everything in probate. Jane’s siblings and parents get nothing.
Married, All Children With That Spouse
John and Maria have three children together. John dies with a $120,000 probate estate. Maria gets $20,000 upfront, then half of the remaining $100,000 ($50,000) — totaling $70,000. The three children split $50,000.
Married With Stepchildren
Robert dies married to Elaine. He has two children from a prior relationship, one with Elaine. Because Elaine is not the mother of the first two, the split is half/half: Elaine gets half, all three children split the other half equally. Stepchildren who were not legally adopted inherit nothing. Blended families are often surprised by this.
Unmarried, Children Surviving
Katherine dies single with two living children and a deceased third who left two grandchildren. Each living child gets one-third. The grandchildren together split the remaining third — each receives one-sixth. That is per stirpes distribution — by the root, not the headcount.
Adoption, Stepchildren, and Other Traps
Adopted children are treated exactly like biological children — equal shares, no distinction. Stepchildren are invisible unless legally adopted. Half-siblings receive a full sibling’s cut. Assets with named beneficiaries bypass intestate law entirely — but if no valid beneficiary remains, those assets can be swept back into probate. Children born outside marriage can inherit from either parent in Missouri, but for fathers, paternity typically requires a court order or signed acknowledgment under RSMo Chapter 474. Heirs only receive what remains after debts, taxes, funeral costs, and court expenses are settled.
The Probate Process in Missouri
Intestate inheritance flows through Missouri probate court. A personal representative is appointed, assets are inventoried, debts are paid, and what remains is distributed by statute. Simple estates move reasonably. Contested family trees or significant debt can stretch the process considerably.
Why Missouri’s Default Plan Rarely Fits Your Family
Missouri’s intestate statutes fill a gap, but rarely the way anyone intended. The succession order cannot adapt to stepchildren raised as your own, a disabled relative who needs ongoing care, or causes you wanted to support. Wills, trusts, and updated beneficiary designations are the only way to place control in your own hands.
Patrick Nolan at Nolan Law Firm in Kirksville, Missouri helps families across Northeast Missouri establish plans that reflect their actual wishes — not the state’s default formula. The time to act is now, not after a crisis.
Frequently Asked Questions
What does intestate succession mean in Missouri?
Missouri intestate succession means RSMo Chapter 474 determines who inherits when someone dies without a valid will. The law assigns inheritance in a fixed order — spouse first, then descendants, then parents and siblings — regardless of the deceased’s actual wishes.
How does Missouri divide an estate between a spouse and children?
If all children are shared with the surviving spouse, the spouse inherits the first $20,000 plus half the remainder; children split the other half. If any children are from a different relationship, the spouse receives exactly half and all descendants split the other half under RSMo § 474.010.
Do stepchildren inherit under Missouri intestate succession?
No. Stepchildren who were not legally adopted by the deceased receive nothing under Missouri intestate succession law, regardless of how long they lived together or how close the relationship was. Only a will or trust can guarantee a stepchild inherits.
What happens if someone dies with no family in Missouri?
If Missouri’s entire line of heirs is exhausted and no relative can be found, the estate escheats to the State of Missouri. The state collects the property by law under RSMo Chapter 474.
Does a jointly owned house go through intestate succession in Missouri?
No. Property held as joint tenancy with right of survivorship passes automatically to the surviving owner outside of probate and intestate succession. The same applies to beneficiary-designated accounts like life insurance and IRAs, as long as a valid, living beneficiary is named.
How can I avoid Missouri intestate succession rules?
Execute a valid will, fund a revocable living trust, and keep beneficiary designations current on all financial accounts and insurance policies. Attorney Patrick Nolan at Nolan Law Firm in Kirksville, Missouri can help you build this plan.
