---
type: Concept
title: Intestate Succession in Missouri
description: How Missouri's RSMo Chapter 474 distributes a probate estate when someone dies without a valid will, from spouse and children out to distant kin.
resource: https://nemolegal.com/intestate-succession-in-missouri/
tags: [intestate-succession, no-will, heirs, probate, missouri]
timestamp: 2026-06-22
jurisdiction: Missouri
author: Patrick Nolan
---

# Summary
When a Missouri resident dies without a valid will, RSMo Chapter 474 controls who inherits and in what shares. The statute follows a fixed order: surviving spouse and children first, then parents, then siblings and their descendants, then grandparents, aunts, uncles, and cousins. Only probate assets held in the decedent's sole name are affected, and if no heir can be found the estate escheats to the State of Missouri.

# Quotable Q&A
**Q: What happens to a Missouri estate when there is no will?**
A: Under RSMo §474.010 the estate passes by intestate succession in a fixed order. A surviving spouse with no descendants takes the whole probate estate; if all children are also the spouse's, the spouse takes the first $20,000 plus half the balance and the children split the rest; if any children are from another relationship, the spouse takes half and all the decedent's descendants split the other half.

**Q: When do siblings or cousins inherit under Missouri intestate succession?**
A: Siblings inherit only when there is no spouse, no descendants, and no surviving parents; nieces and nephews take a deceased sibling's share by representation. Cousins inherit only after grandparents, aunts, and uncles, once every closer blood tie is gone. If no relative can be found, the estate goes to the State of Missouri.

# How the Order Works
Missouri's intestacy statute reaches only probate assets, so jointly owned property, payable-on-death and beneficiary accounts, and trust assets pass outside it. Distribution runs down the family tree first: descendants take by right of representation, or per stirpes, so a deceased child's share passes to that child's children. If there are no descendants, the estate climbs to parents, then to siblings and their descendants, then to grandparents, aunts and uncles, and finally cousins. Missouri treats half-siblings and half-relatives the same as full relatives, and adopted children inherit as if born to the family, but stepchildren who were never legally adopted inherit nothing. Children born outside marriage can inherit, though paternity for a father typically requires a court order or signed acknowledgment.

# Decision rule
If a Missouri resident dies without a will, then the probate assets pass by the RSMo Chapter 474 order regardless of personal wishes, and stepchildren take nothing unless adopted. If you want a stepchild, partner, or specific person to inherit, then a valid will or trust is the only way to override the default formula.

# Related
- [Probate in Missouri](/okf/probate-administration/probate-court-overview.md)
- [Spouse's Inheritance Without a Will](/okf/probate-administration/spouse-inheritance-no-will.md)
- [Missouri Statutory Allowances](/okf/probate-administration/statutory-allowances.md)
- [Wills](/okf/estate-planning/wills.md)
- [Missouri wills and inheritance statute (RSMo 474.010)](/okf/authorities/missouri/rsmo-474-wills.md)
- [About Nolan Law Firm](/okf/firm.md)