How children inherit in Missouri when someone dies without a will

Detailed Answer

When a person dies without a valid will in Missouri, the state’s intestate succession rules determine who inherits. Missouri’s descent and distribution statutes set the order of heirs and the method for dividing the estate. See Missouri Revised Statutes, Chapter 474 (Descent and Distribution): https://revisor.mo.gov/main/OneChapter.aspx?chapter=474.

Basic rule among children

If the decedent is survived only by one or more children (and no surviving spouse, parents, or other closer relatives), the children inherit the decedent’s estate. The normal rule is to divide the intestate estate equally among the surviving children.

When a child predeceased the decedent — representation (children of the deceased child)

If one of the decedent’s children died before the decedent but left children (the decedent’s grandchildren), those grandchildren usually step into the place of their parent and inherit that parent’s share. This concept is called representation (commonly referred to as “per stirpes” distribution in many jurisdictions). In practice this means the deceased child’s share is divided equally among that child’s surviving descendants.

Adopted children, posthumous children, and children born out of wedlock

Under Missouri law, an adopted child is treated as a natural child for intestate succession. A child born after the decedent’s death (a lawful posthumous child) may have rights to inherit if the child is a legal descendant. A child born out of wedlock can inherit if paternity is established according to Missouri procedures. The statutes and court decisions govern how parent-child relationships are established for inheritance purposes; see Chapter 474 for general rules: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474.

Order and priority to serve as administrator

When someone dies intestate, the probate court will appoint a personal representative (administrator). Priority to serve commonly follows the closest interested heirs. Typically a surviving spouse has first priority to serve; if there is no spouse, an adult child may petition to be appointed. If multiple children want to serve, the court decides which is suitable. If you need to start probate, contact the probate clerk in the county where the decedent lived or consult an attorney for help filing a petition for administration.

Example (hypothetical)

Example: Alice dies with no will. Alice is survived by three children: Ben, Carla, and Dana. Ben died earlier but left two children (Ben’s children). Under Missouri intestate rules, Alice’s estate would be divided into three equal shares. Ben’s share would be divided between Ben’s two children (Ben’s children inherit by representation). Carla and Dana each receive one of the equal shares.

Common complications

• If paternity of a potential heir is disputed, you may need a court proceeding or DNA evidence to establish the child’s right to inherit.
• If a child was legally disinherited by a valid will, that changes distribution — but in a strict intestacy question there is no will to look to.
• If an heir predeceased the decedent leaving no descendants, that branch’s share typically lapses and is redivided among the remaining heirs according to the statute.

Helpful Hints

• Start by locating the decedent’s death certificate and any known estate planning documents. If there is a will, probate follows the will instead of intestacy rules.
• Gather birth, adoption, or paternity records to prove family relationships to the probate court.
• If a child predeceased the decedent, collect documents showing the predeceased child’s surviving descendants (birth certificates, adoption records) so the court can apply representation.
• Contact the probate division of the circuit court in the county where the decedent lived to learn local filing procedures. Many county courts have checklists and forms for opening an estate.
• Consider speaking with a Missouri probate attorney if family relationships are disputed, if real property or business interests are involved, or if the estate is complex. An attorney can help petition the court to appoint an administrator and protect heirs’ rights.
• Consult the Missouri Revised Statutes, Chapter 474 for the formal statutory rules: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474.

Disclaimer: This article explains general principles of Missouri intestate succession and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Missouri attorney or the probate court.