Detailed Answer
When a person dies in Missouri without a valid will, the court distributes their estate under Missouri’s intestate succession laws. These rules appear in Missouri Revised Statutes Chapter 474. They determine who inherits, in what order, and in what share.
1. Priority of Heirs
The distribution follows this order under Mo. Rev. Stat. § 474.030:
- Spouse and descendants:
- If the decedent leaves a surviving spouse and all descendants are also descendants of that spouse, the spouse inherits the entire estate.
- If the decedent leaves a spouse and descendants from a prior relationship, the spouse receives one–half of the estate. The other half goes to the decedent’s children equally.
- Descendants only (no spouse): The estate passes equally to the decedent’s children by right of representation.
- Parents (no spouse or descendants): If no spouse or descendants survive, the estate goes equally to the decedent’s surviving parents.
- Siblings or their descendants: If no parents survive, the estate goes to siblings or their descendants per stirpes.
- Grandparents or their descendants: Absent closer relatives, the estate passes to grandparents or aunts, uncles, nieces, and nephews.
- No heirs: If no relatives exist within the statutory degrees, the estate escheats to the State of Missouri (Mo. Rev. Stat. § 474.090).
2. Real vs. Personal Property
Missouri law makes no distinction in share calculations between real estate and personal property. Both pass under the same percentage rules set out in § 474.030.
3. Administrator Appointment
The probate court appoints an estate administrator (also called a personal representative) to collect assets, pay debts and taxes, and distribute the remainder to heirs. Anyone with priority under § 474.020 may petition to serve.
4. Common Scenarios
Below are examples of how intestacy works in practice:
- Married with only mutual children: Surviving spouse receives 100%.
- Married with one child from prior relationship: Spouse gets 50%; child gets 50%.
- Unmarried with two children: Each child gets 50%.
- No spouse or descendants but surviving parents: Each parent gets 50%.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Helpful Hints
- Locate all family members early to avoid delays.
- Gather documentation: death certificate, marriage certificates, birth certificates.
- Review Missouri Revised Statutes Chapter 474 for exact rules (§ 474.030).
- Consider naming a personal representative in estate planning to streamline probate.
- Consult a probate attorney if disputes arise among potential heirs.