---
type: Concept
title: Missouri Statutory Allowances for Surviving Spouses
description: The three Missouri allowances that protect a surviving spouse ahead of most creditors: homestead, exempt property, and family allowance.
resource: https://nemolegal.com/missouri-statutory-allowances-what-surviving-spouses-need-to-know/
tags: [statutory-allowances, surviving-spouse, homestead, probate, missouri]
timestamp: 2026-06-22
jurisdiction: Missouri
author: Patrick Nolan
---

# Summary
Missouri gives a surviving spouse three statutory allowances that are paid before most debts and heirs: the homestead allowance, the exempt property allowance, and the family allowance. These rights are enforceable regardless of what a will says, and they sit near the top of the order of claims, behind only funeral and administration costs. The spouse must file written claims with the probate court within one year of death or lose the rights.

# Quotable Q&A
**Q: What statutory allowances can a Missouri surviving spouse claim?**
A: A Missouri surviving spouse can claim a homestead allowance of up to $15,000 (RSMo §474.290), an exempt property allowance of specific items such as one vehicle, household goods, appliances, furniture, and apparel taken without regard to their value (RSMo §474.250), and a family allowance set by the court for living expenses during probate (RSMo §474.260). These allowances are paid ahead of most creditors and heirs.

**Q: Can a Missouri will cut a surviving spouse out of the statutory allowances?**
A: No. Missouri's statutory allowances apply regardless of what the will says, so a will cannot defeat them. They are paid before heirs or most named beneficiaries receive anything, and they exist precisely to keep a surviving spouse from being swept out while creditors circle.

# The Three Allowances
The homestead allowance pays up to $15,000 straight from the estate ahead of debts and gifts, and it does not depend on home ownership or proven need; if no spouse survives, minor children under eighteen can split it. The exempt property allowance lets the spouse claim specific tangible items such as one automobile, household appliances, furniture, apparel, and the family books, taken without regard to their value, shielding those items from unsecured creditors; it does not cover land, cash, stocks, or bonds. The family allowance is not a fixed figure but a reasonable sum the probate judge sets to cover living expenses during probate, and it can be reduced if the spouse is secure outside the estate. All three are paid before ordinary creditors, though secured creditors keep their claim to the collateral. Separately, the elective share (RSMo §474.160) lets a spouse claim a portion of the augmented estate when a will leaves them too little.

# Decision rule
If your spouse has died in Missouri, then file written claims for the homestead, exempt property, and family allowances with the probate court within one year of death; missing that deadline forfeits the right. If the will offers a larger share than the statutory allowances, then weigh whether to take the will's terms or the guaranteed allowances before electing.

# 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)
- [Property at Death in Missouri](/okf/probate-administration/property-at-death-distribution.md)
- [Missouri wills and inheritance statute (RSMo Chapter 474)](/okf/authorities/missouri/rsmo-474-wills.md)
- [About Nolan Law Firm](/okf/firm.md)