Detailed answer — claiming an intestate share in Missouri
This guide explains, in plain language, what to do if a parent died without a will in Missouri and you want to claim your legal share. It describes the usual steps, how Missouri law treats heirs, and practical options for collecting property. This is educational information only and not legal advice.
1. What “died without a will” means and what law controls
When a person dies without a valid will, they are “intestate.” Missouri law sets who inherits and how property passes. See Missouri’s statutes on descent and distribution for the governing rules: Mo. Rev. Stat. chapter 474 (Descent and Distribution).
2. Who inherits under Missouri intestacy rules
The Missouri statutes establish an order of priority for heirs. Generally this order includes (in summary): the surviving spouse, the decedent’s children and their descendants, then parents, siblings, and more remote relatives. The exact shares depend on who survives the decedent and their relationship to one another. For the precise distribution rules and definitions (for example, what happens when some children are from another relationship), consult Mo. Rev. Stat. ch. 474.
3. Does the estate have to go through probate?
Probate is the court process to gather assets, pay debts, and distribute what remains. Whether you must open a formal probate depends on the size and type of assets, and whether assets pass outside probate (for example, by beneficiary designations, joint tenancy, or payable-on-death accounts). Missouri has rules and procedures for estate administration; see Mo. Rev. Stat. ch. 473 (Probate and Administration) for the statutes governing probate administration.
4. Common routes to claim your share
- Contact the personal representative (PR) or appointed administrator. If someone already opened probate and a PR or administrator was appointed, that person controls distribution. Ask for the contact information, an inventory, and an accounting. You are entitled to notice of probate proceedings if you are an heir.
- If no probate has started, determine if a probate filing is required. If the estate holds real property or sizable assets in the decedent’s name, someone (usually an adult heir) can petition the probate court in the county where the decedent lived to be appointed administrator.
- Use a small estate or affidavit procedure when available. Missouri provides simplified procedures for collecting personal property or closing small estates without full administration. The availability and rules vary by situation; check with the local probate court or the statutes cited above.
- File a petition to open probate and ask for appointment as administrator. An interested person (typically an heir or creditor) files in the county probate court. The court appoints an administrator who collects assets, pays valid debts, then distributes remaining assets according to Missouri intestacy law.
- If the PR refuses to cooperate, petition the court. You can ask the probate court to compel an accounting, remove a PR for cause, or approve a final distribution. If the administrator distributes improperly, heirs may file objections or a civil claim for recovery.
5. Documents and information you’ll need
- Certified copy of the death certificate
- Proof of your identity and relationship (birth certificate, marriage certificate)
- List of known assets and approximate values (bank accounts, deeds, vehicles, retirement accounts, life insurance)
- Any creditor claims or funeral bills
- Copies of recent statements, titles, deeds, and insurance policies
6. Timing and typical steps in probate administration
Procedures vary by case, but common steps include:
- Filing a petition to open probate and appoint an administrator.
- Notifying heirs and known creditors; publishing notice if required.
- Collecting and valuing assets; filing an inventory with the court.
- Paying valid debts, taxes, and administration expenses.
- Petitioning the court to distribute the remaining assets to heirs under Missouri law.
Simple estates and small estate procedures move faster. Full probate can take several months to over a year depending on complexity and creditor claims.
7. If someone else is distributing the estate and you believe your share is being withheld
First, request a written accounting and the legal basis for any distribution decision. If you do not receive an explanation or you suspect misconduct, you can:
- File objections with the probate court to the proposed distribution or final accounting.
- Move to remove the personal representative for breach of duty if there is credible evidence of misconduct.
- Pursue a civil claim for conversion or breach of fiduciary duty if assets were taken outside the proper process.
8. How to find local court information and the right forms
Contact the probate division of the circuit court in the county where your parent lived. Court clerks can explain filing requirements, local fees, and provide forms or direct you to online resources. For statutory guidance, see:
- Mo. Rev. Stat. ch. 474 — Descent and Distribution
- Mo. Rev. Stat. ch. 473 — Probate and Administration
9. When you should consider getting an attorney
Talk to an attorney if any of the following apply:
- The estate has significant assets or complex property (real estate, business interests).
- There are disputes among heirs, contested paternity, or unclear family relationships.
- You suspect the PR is mishandling assets or failing to follow court orders.
- Creditors make significant claims against the estate.
If cost is a concern, look for free or low-cost legal help through local legal aid organizations or law school clinics.
Helpful Hints
- Start by asking for an inventory and written accounting from whoever is handling the estate.
- Keep copies of all documents you provide or receive; maintain a running list of communications.
- Check for non-probate transfers: some assets pass directly to named beneficiaries and do not go through probate.
- If the estate seems small, ask the probate clerk whether a simplified or affidavit process applies in your county.
- Confirm deadlines: some objections and creditor claims have strict time limits in probate.
- Use the Missouri Revised Statutes online to read the exact text: revisor.mo.gov.
- When in doubt, a short consultation with a probate attorney can clarify your rights and options.