Detailed Answer
Missouri Intestate Succession Laws
When someone dies without a will in Missouri, their estate passes under Chapter 472 of the Missouri Revised Statutes. The law prescribes who inherits and in what shares:
- If the decedent leaves a surviving spouse but no descendants, the spouse inherits the entire estate.
- If the decedent leaves a spouse and descendants from that spouse, the spouse inherits one-half of the estate and descendants share the remainder.
- If the decedent leaves descendants from a prior relationship, the spouse still takes one-half and those descendants share the other half.
These rules apply automatically; heirs receive their shares outright as fee simple interests in property.
Why You Can’t Elect a Life Estate
Missouri’s intestate succession statutes do not include an option for heirs to “elect” a life estate in real property instead of their prescribed share. Intestate heirs must accept their share in fee simple or choose to disclaim it entirely under RSMo §472.051. Partial disclaimers or elections of alternative interests (such as a life estate) are not permitted.
Possible Workarounds
If you prefer to occupy the decedent’s real property for life rather than hold a fractional ownership interest, consider these approaches:
- Negotiate a private agreement with co-heirs to purchase their remainder interests or grant you a life estate in exchange for compensation.
- File a partition action under RSMo §472.320. The court can order the property sold or divided. You may bid at sale or arrange to retain title as a life tenant while others hold the remainder.
- Surviving spouses and minor children may claim exempt property and a one-year homestead allowance up to $20,000 under RSMo §473.017. That right allows continued occupancy for support, but it does not create a perpetual life estate.
Helpful Hints
- Review RSMo §472.396 for Missouri’s intestate distribution formula.
- Disclaim any interest in full under RSMo §472.051 if you do not wish to accept your statutory share.
- Negotiate buy-out or partition agreements early to avoid court battles.
- Use the partition statute (RSMo §472.320) to structure a life-tenant arrangement at sale or division.
- Consult a probate or real estate attorney before taking action to understand deadlines and procedural requirements.
Disclaimer: This article provides general information on Missouri law and is not legal advice. Consult an attorney to discuss how these rules apply to your specific circumstances.