Detailed Answer

Short answer: In Missouri, if your parent died without a will (intestate), real property normally must be transferred through the probate process so title can be placed in the names of the heirs. Which heirs inherit and how the transfer happens depend on who survives the decedent and how the property was titled. This article explains the basic steps, the legal rules that determine who gets the house, and practical options for moving title into you and your siblings’ names.

Key legal rules that apply

When someone dies intestate in Missouri, the rules in Missouri’s laws on descent and distribution determine who inherits. See Missouri Revised Statutes, Chapter 474 (Descent and Distribution) for the statutory order of heirs and how property passes: RSMo Chapter 474. Probate procedure and appointment of a personal representative (administrator) are covered under Chapter 473: RSMo Chapter 473.

Who likely inherits the house?

• If the decedent left a surviving spouse and children, Missouri law typically divides the estate between spouse and children in specific ways set out in Chapter 474.
• If no spouse survives, the decedent’s children usually inherit the decedent’s property in equal shares.
• If the home was owned jointly with right of survivorship (for example, joint tenancy with spouse or another co-owner named on deed), the surviving joint owner generally takes the property automatically and it does not pass through probate.
• If there are liens, mortgages, or other claims, those must be addressed during probate or before title transfer.

Typical steps to put the house in heirs’ names

1. Confirm how the property is titled. Get a copy of the deed from the county recorder/assessor. If the decedent owned the property with a joint owner with right of survivorship, probate may not be necessary for transfer.
2. Obtain certified copies of the death certificate. You will need certified death certificates for probate and for a title company or county recorder.
3. Search for a will. Confirm there truly is no will by checking the decedent’s important papers and asking the court clerk whether a will has been filed.
4. Decide whether you must open a probate estate. Real estate titled solely in the decedent’s name generally requires probate administration in the circuit court of the county where the decedent lived. The court will appoint a personal representative (administrator). See RSMo Chapter 473: RSMo Chapter 473.
5. File for appointment of an administrator (intestate administration). Any heir or interested person can file a petition to open intestate probate and request appointment as administrator. The court will notify heirs, resolve creditor claims, and supervise distribution of property.
6. Provide notice and resolve debts. The administrator gives required notices to creditors and pays valid claims from estate funds. Mortgage and property tax obligations must be handled before transfer of clear title.
7. Obtain court order or submit deed transferring the property to heirs. After the estate’s assets and debts are settled, the court will authorize distribution to the heirs under Missouri’s intestacy rules. The administrator can then execute a deed transferring the property to the heirs (for example, a court-ordered deed to the children). Recording that deed updates the county land records so title rests in the heirs’ names.
8. Alternative/simplified paths (only in limited circumstances). Missouri provides some simplified procedures for very small estates and for certain personal property, but real estate usually requires probate. If all heirs agree and there are no creditors or encumbrances, the court can often streamline administration; talk to the probate clerk or an attorney about local procedures.

Common variations and issues

• Surviving spouse: If a spouse survives, the spouse may take all or part of the estate under Chapter 474; children may share with spouse depending on circumstances.
• Joint tenancy / beneficiary deeds: If deed language or other documents name a surviving owner or beneficiary, the property may pass outside probate.
• MORTGAGES and liens: A mortgage remains attached to the property. Heirs who accept the property also take it subject to liens. Lenders may require payoff or refinancing before changing title.
• Disputes among heirs: If siblings disagree about keeping or selling the house, the administrator may need to ask the court to supervise sale and division of proceeds, or one or more heirs may bring an action to partition the property.
• Missing heirs or contested claims: If some heirs cannot be located or if there are competing claims, the probate process resolves those issues under statutory procedures.

Where to go for local forms and court help

Contact the circuit court clerk in the county where the decedent lived to obtain local probate forms and filing instructions. You can also review Missouri statutes online at the Revisor of Statutes: revisor.mo.gov. For statutes about descent and distribution see RSMo Chapter 474; for probate procedure see RSMo Chapter 473.

When you should consider hiring an attorney

• There are multiple heirs and potential for disagreement or litigation.
• The estate has significant debts, mortgages, or tax issues.
• Title is unclear, missing owners are suspected, or adverse claims exist.
• You want help completing probate paperwork, preparing deeds, or handling a sale or refinancing.

Helpful Hints

• Start by getting a certified death certificate and a copy of the deed from the county recorder.
• Determine whether the property was jointly owned or held in a way that avoids probate before you spend time on probate paperwork.
• If everyone agrees, the probate process can often be handled more quickly as a simple intestate administration; contact the probate clerk for local streamlined forms and fees.
• Keep careful records of communications among siblings, expenses paid for the property, and any repairs or taxes so distribution is clear later.
• If you plan to sell the house after title is transferred, consult a title company early to identify required documents and to make sure there are no liens that will block closing.
• Ask the court clerk for a copy of local instructions for opening an estate; many counties provide step-by-step checklists for pro se (self-represented) filers.

Example (hypothetical)

Suppose your father owned his home solely in his name and died in Missouri without a will, survived by three adult children and no spouse. The children would generally be the intestate heirs under RSMo Chapter 474. One child can petition the circuit court to open an intestate probate, be appointed administrator, pay any debts or mortgages, and then transfer the house by deed to the three siblings (each taking a one-third share) once the court approves distribution.

Important disclaimer: This article provides general information only and is not legal advice. Laws change and the information here may not reflect the most recent statutes or local rules. For advice about your specific situation, or to prepare or file court documents, consult a licensed Missouri attorney or the probate court clerk in the county where the decedent lived.