Disclaimer: This article is for educational purposes only and is not legal advice.
How Intestate Succession Works in Missouri
When a person dies without a will (intestate) in Missouri, the probate estate distributes under Chapter 474 of the Missouri Revised Statutes. If the decedent leaves no spouse but has two surviving children, Section 474.010, RSMo and Section 474.020, RSMo apply.
Division When No Spouse and Two Children Survive
Missouri uses a per stirpes method. With two living children and no spouse, the estate splits into two equal shares:
- Each child receives one-half of the probate estate.
- If a child had predeceased but left grandchildren, that branch’s half share would pass equally to the grandchildren.
For example, if Child A and Child B survive, each takes 50% of the estate. If Child B had died before the decedent but had two children, those grandchildren would each receive 25%.
Helpful Hints
- Compile a list of all surviving children and any descendants of a predeceased child.
- Obtain certified copies of the death certificate and property deeds before filing.
- File an application for probate in the circuit court of the decedent’s county of residence.
- Review Missouri’s probate fee schedule and required forms at the court clerk’s office or online.
- Consider consulting a probate attorney if the estate includes real estate, business interests, or potential disputes.
- Track probate deadlines: Missouri courts may impose time limits for filing an inventory and distributing assets.