Detailed Answer
When someone dies without a valid will in Missouri, their assets pass by intestate succession under Chapter 474 of the Missouri Revised Statutes. The appointed personal representative (PR) must identify, inventory, and distribute both real property (land and buildings) and personal property (bank accounts, vehicles, jewelry, household goods, and digital assets).
1. Identifying Assets
The PR locates and secures all assets. Real property includes real estate, fixtures, and improvements. The PR checks county records, deeds, and mortgage statements. Personal property covers cash, securities, bank accounts, retirement plans, vehicles, and personal belongings. The PR contacts financial institutions, reviews insurance policies, and examines mail and digital records.
2. Filing an Inventory
Within one month of appointment, the PR must file a verified inventory of all estate assets with the probate court (RSMo §473.360). The inventory must list each asset’s description, value (fair market value), and location. For real property, use county assessor values or independent appraisals. For personal property, gather statements or appraisals.
3. Paying Debts and Expenses
Before distribution, the PR pays valid claims, funeral expenses, taxes, and administrative costs. Missouri law requires notice to creditors and a waiting period for claims.
4. Distributing the Remaining Estate
After debts and expenses, the PR distributes assets under the intestacy rules in RSMo §474.010 and related sections:
- If the decedent leaves a surviving spouse and children: the spouse receives the first $20,000 plus one-half of the remaining balance. The children share the other half equally.
- If only a surviving spouse (no descendants): the spouse inherits the entire estate.
- If no spouse but descendants exist: descendants inherit the entire estate in equal shares per stirpes.
- If no spouse or descendants: the estate goes to parents (RSMo §474.030), then siblings, and next of kin in order.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Start by obtaining a certified death certificate to open probate.
- Create a detailed spreadsheet of assets, values, and locations.
- Contact the county assessor’s office for real estate valuations.
- Notify financial institutions and insurance companies early.
- Keep clear records of all expenses and distributions.
- Meet all court deadlines for filings to avoid delays or penalties.