Detailed Answer
Intestate succession refers to the legal process of distributing a decedent’s property when no valid will exists. Under Missouri law, these rules appear in Chapter 474 of the Revised Statutes.
1. Order of Heirs
Missouri’s intestate statutes establish a hierarchy for heirs. First, the court looks for a surviving spouse (RSMo § 474.020). If no spouse survives, the court moves to descendants—children, grandchildren, and so on.
2. No Spouse, Three Children
When there is no surviving spouse and the decedent is survived by three children, the entire estate passes equally to those children. RSMo § 474.030 mandates that each child receives an equal share. In this scenario, each child would inherit one-third of the estate.
3. Appointment of an Administrator
The probate court appoints an administrator to handle the estate. The administrator’s duties include:
- Collecting and valuing assets
- Notifying and paying valid creditors
- Filing tax returns, if required
- Distributing remaining assets per intestate rules
4. Step-by-Step Probate Process
- File a petition to open an estate in the appropriate county probate division.
- Obtain Letters of Administration authorizing the administrator.
- Compile an inventory of assets and locate heirs.
- Notify creditors and settle valid claims.
- Divide the estate: each child receives one-third.
- Submit a final accounting to the court and close the estate.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Gather certified birth certificates to confirm each child’s status as an heir.
- Obtain multiple certified copies of the death certificate early in the process.
- Identify all potential heirs before distributing assets to prevent disputes.
- Keep detailed records of all estate transactions and communications.
- Consider mediation or alternative dispute resolution if siblings disagree on asset division.