Detailed Answer

Short answer

If the divorce was not legally final when the person died, the spouse is still the legal spouse for purposes of inheritance and many estate claims. That means the estranged spouse can generally inherit under intestacy rules, contest or elect against a will, and remain a beneficiary of life insurance, retirement accounts, and other non-probate transfers unless a valid written waiver or beneficiary change removed them.

Why the timing matters

Under Missouri law, marital status at the moment of death determines whether someone is a surviving spouse. A person who has filed for divorce but whose divorce decree has not been entered remains legally married. Courts and the probate process treat that person as the surviving spouse, with whatever rights Missouri law gives to spouses.

How this plays out in common situations

• No will (intestate): If the deceased had no valid will, Missouri’s intestacy rules govern how the estate is divided. A legally married surviving spouse is first in line to receive at least part of the estate under Missouri succession rules. (See Missouri Revised Statutes, Chapter 474 for succession laws: Mo. Rev. Stat., Chapter 474.)
• There is a will that disinherits the spouse: Even if a will attempts to leave the spouse nothing, many states give surviving spouses protections (for example, an elective share or statutory spousal allowance) that allow them to claim a minimum portion of the estate. In Missouri, probate and succession statutes and court practice determine those rights; an estranged spouse who was still married at death may be able to elect against the will or claim statutory allowances. (See Missouri probate statutes for administration and spousal claims: Mo. Rev. Stat., Chapter 472.)
• Life insurance and retirement accounts: These typically pass by beneficiary designation, not by the will. If the estranged spouse is still named as beneficiary when the decedent died, the spouse usually receives the proceeds regardless of pending divorce unless a beneficiary change or enforceable waiver was in place.
• Separation agreement, prenup/postnup or spousal waiver: If the couple signed a valid contract that waives inheritance or spousal rights (for example, a prenuptial or a separation agreement that meets legal requirements), that agreement may prevent the estranged spouse from claiming under the estate. The enforceability of such agreements depends on how they were executed and the specific language used.
• Pending court orders: Temporary orders in a pending divorce (such as temporary support or exclusive possession of the home) do not usually change the legal status of marriage for inheritance purposes. Only a final divorce decree (or other final order terminating the marriage) ends the marital status for estate claims.

What executors and family members should do

1. Confirm marital status on the date of death. Obtain a copy of the divorce file and order to see whether the divorce was finalized.
2. Check all beneficiary designations (life insurance, IRAs, 401(k)s, payable-on-death accounts). These frequently trump wills.
3. Look for any signed waivers or agreements (prenups, postnups, separation agreements) that might change rights.
4. If you are an executor, raise the potential claim of a surviving spouse in probate filings and give statutory notice so the court can address any spousal election or claim.
5. If you are the estranged spouse, consider consulting an estate or family law attorney promptly to determine your rights and how to protect them (for example, by filing an election or objection when the estate opens).

Practical examples (hypotheticals)

Hypothetical A: John filed for divorce but died before a final decree. He left no will. Under Missouri intestacy law, John’s still-married spouse likely inherits according to statutory shares.

Hypothetical B: Maria and Alex are separated; divorce is pending. Maria named Alex as beneficiary on her life insurance and never changed it. Maria dies before the divorce is final. Alex — as named beneficiary — will usually receive the policy proceeds regardless of the pending divorce.

Hypothetical C: Sam and Lee signed a written, valid separation agreement that explicitly waived Lee’s rights to Sam’s estate. Sam dies before divorce is final. If the court finds the waiver valid, Lee may be barred from claiming under the estate despite still being the legal spouse.

Timeline and potential disputes

Estate disputes can arise quickly. Missouri probate courts will resolve competing claims from a surviving spouse, children, or other heirs. Time limits apply for filing challenges, objections, or an election against a will, so act promptly once you learn of the death and the pending divorce status.

Where to read the statutes

Key Missouri statutory chapters to consult (for general reference):

• Succession and wills (intestate and testamentary succession): Mo. Rev. Stat., Chapter 474
• Probate administration and procedure (how estates are opened and claims are made): Mo. Rev. Stat., Chapter 472

Because statutory language and case law change over time, you or your attorney should check the current versions of these provisions when making decisions.

Bottom line

In Missouri, an estranged spouse whose divorce is not finalized generally retains full status as a surviving spouse and can assert estate claims, unless a valid legal waiver, beneficiary change, or other enforceable agreement removes those rights. If you face this situation, gather records (marriage certificate, divorce pleadings, wills, beneficiary forms, separation agreements) and contact an experienced probate or family law attorney promptly.

Helpful Hints

• Do not assume separation = divorce. Legal status depends on the final divorce decree.
• Check beneficiary designations first — they often control distributions for insurance and retirement benefits.
• Look for any signed waivers (prenups, postnups, separation agreements) that might bar claims.
• If you are the executor, give clear probate notice and document all steps to protect the estate from competing claims.
• If you are the surviving spouse, act quickly to protect your rights; statutes set deadlines for elections and objections.
• Keep copies of the marriage certificate, divorce filings, the death certificate, wills, and beneficiary forms in one place for your attorney and the court.
• When in doubt, consult a Missouri probate or family law attorney — they can review documents and file any necessary claims or defenses.

Disclaimer: This article is informational only and does not constitute legal advice. For advice about a specific situation, consult a licensed Missouri attorney.