Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Missouri law, a surviving spouse and minor children may claim a year’s allowance out of the decedent’s personal estate. This right ensures basic support for up to one year after death. Missouri Revised Statutes § 473.210 grants this allowance. Mo. Rev. Stat. § 473.210
To obtain the year’s allowance, the personal representative (executor or administrator) must file a petition within six months of the decedent’s death. The petition process appears in Mo. Rev. Stat. § 473.220. The court reviews the petition and determines the amount or specific property to satisfy the allowance.
Missouri law requires a complete inventory of the decedent’s estate assets, including all personal property. Under Mo. Rev. Stat. § 473.360, the personal representative must file an inventory listing every item of personal property and its estimated value. This inventory informs the court of available assets and helps calculate or assign the year’s allowance.
In practice, you cannot seek a year’s allowance without identifying the personal property assets that could fund it. The court needs this listing to decide whether to grant the allowance and to determine which assets will satisfy the award. If the estate contains sufficient cash or easily convertible property, the court may approve a lump-sum payment rather than specific items.
Helpful Hints
- File your petition for a year’s allowance within six months of death to protect your claim (RSMo § 473.220).
- Prepare a detailed estate inventory listing all personal property and values (RSMo § 473.360).
- Include household goods, vehicles, bank accounts, investments and any items of value in your inventory.
- Consult the probate court clerk for local forms and filing deadlines.
- Keep copies of all filings and valuations for your records.