Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Missouri probate attorney for guidance specific to your situation.
1. Detailed Answer
Overview of Intestate Succession in Missouri
When someone dies without a valid will (“intestate”), Missouri’s RSMo § 474.010 et seq. govern who inherits. The estate passes to surviving family members in a strict order of priority.
Step-by-Step Process
- Identify the Surviving Spouse
Under RSMo § 474.020, the surviving spouse may receive:- The entire estate if there are no descendants or parents of the decedent.
- A preferential sum (usually $20,000 or $30,000) plus half of the remaining estate if there are descendants or parents.
- Locate Descendants (Children, Grandchildren)
If children survive, they share the remaining estate equally. Adopted children inherit as biological children under RSMo § 474.035. Stepchildren without adoption do not inherit. - Check for Parents
If there is no surviving spouse or descendants, parents inherit equally (RSMo § 474.060). - Consider Siblings and Their Descendants
If no spouse, descendants or parents survive, siblings (and half-siblings equally) inherit. If a sibling is deceased, that sibling’s children (nephews/nieces) inherit by representation. - Extended Family
Next in line are grandparents, then aunts/uncles, then cousins, following Missouri’s heirship table in Chapter 474. - No Heirs Found
If no relatives qualify, the estate escheats to the Missouri state treasurer (RSMo § 474.240).
Gathering Documentation
To verify relationships, collect certified copies of:
- Death certificate.
- Birth certificates of children and grandchildren.
- Marriage certificates (for surviving spouse).
- Adoption records.
- Divorce decrees or annulment documents (if applicable).
2. Helpful Hints
- Start a family tree: Map out all relatives, including half-siblings.
- Search public records: Use county recorder and vital records databases.
- Interview relatives: Confirm births, adoptions, marriages, divorces.
- Check for multiple marriages: A later marriage can affect spouse’s share.
- Watch for disclaimers: Missouri allows post-death disclaimers if a person opts out of inheritance within nine months (RSMo § 472.180).
- Consult probate court: Contact the circuit court in the county where your father died for probate procedures.
- Consider heirship determination: In complex cases, the court may appoint an heirship commissioner to identify heirs.
Understanding who qualifies as an heir under Missouri Intestate Succession laws helps you settle your father’s estate fairly and legally. Always verify facts and seek professional guidance when questions arise.