Detailed Answer

This section explains, in plain language, what happens to money that represents the proceeds of a sale (for example, sale of real estate, a vehicle, or other property) when the owner dies without a will in Missouri.

1. Are the sale proceeds part of the decedent’s estate?

Generally, yes. Sale proceeds that belonged to the deceased become part of the decedent’s estate and must be handled through Missouri’s probate and estate-administration process unless the funds passed outside probate by operation of law (for example, joint ownership with right of survivorship, or a payable-on-death (POD) or transfer-on-death (TOD) designation). See Missouri probate rules and procedures at the Missouri Revisor of Statutes: RSMo Chapter 473 (Administration of Estates).

2. Who controls the funds after someone dies intestate?

If the person died without a will (intestate), the probate court will appoint an administrator to collect assets, pay debts and expenses, and distribute the remainder to heirs under Missouri’s intestacy laws. The administrator has the authority to gather the decedent’s assets (including sale proceeds), defend the estate, and make distributions after creditor claims and taxes are paid. See general intestacy and administration rules here: RSMo Chapter 474 (Intestate Succession) and RSMo Chapter 473.

3. Who gets any leftover money after debts are paid?

After valid expenses and creditor claims are paid (including funeral costs, final medical bills, and administration costs), the remainder is distributed according to Missouri’s intestacy rules. The typical order of distribution is:

• Surviving spouse and children (sharing rules depend on whether all children are also the spouse’s);
• If no spouse or descendants, the decedent’s parents;
• If none of the above, more distant relatives in statutory order;
• If no heirs can be located, funds may end up passing to the state under Missouri law or through unclaimed property procedures.

Exact shares depend on the family structure. For precise allocation rules, consult the Missouri statutes listed above or speak with a probate attorney.

4. Which common situations remove proceeds from probate?

Not all sale proceeds pass through probate. Common non‑probate avenues include:

• Joint bank or brokerage accounts with right of survivorship — the surviving joint owner typically becomes sole owner automatically.
• Payable-on-death (POD) or transfer-on-death (TOD) designations naming a specific beneficiary — those funds pass directly to the named beneficiary outside probate.
• Proceeds held in a revocable or irrevocable trust — the trust terms control distribution without probate.

5. Small estate procedures and faster options

Missouri has simplified procedures for smaller estates that can avoid full probate. If the total estate value (or the liquid assets in question) falls below statutory thresholds, a person entitled to inherit may use affidavit procedures or expedited administration to claim funds. The probate court in the county where the decedent lived can explain whether a simplified process applies.

6. Timeframe and creditor claims

Creditors have a limited time to make claims against the estate. The administrator typically gives notice to creditors and waits the statutorily required period before distributing assets. If a creditor proves a valid claim, the estate must pay it before distributing leftover funds. This means distributions can be delayed until creditor claims and tax matters are resolved.

7. What if no heirs are found?

If after reasonable effort no lawful heirs appear, unclaimed assets may ultimately be transferred to the State of Missouri or handled under unclaimed property rules. Heirs can still claim funds later if they establish their right within the time allowed by law or the unclaimed property process.

8. Practical examples (hypothetical)

Example A: Jane sold her house and left the sale proceeds in her personal bank account. Jane dies without a will. The bank freezes access and requires a certified copy of the death certificate. The estate’s administrator is appointed by the probate court, pays Jane’s final bills and probate costs, and then distributes remaining funds to Jane’s heir(s) under Missouri intestacy rules.

Example B: Bob sold a car and the buyer sent a check payable jointly to Bob and Bob’s adult child as a joint account holder. When Bob dies, the child can usually assert ownership immediately as surviving joint owner and may not need probate for that money.

Key Missouri statute resources (for further reading):

• RSMo Chapter 473 — Administration of Estates
• RSMo Chapter 474 — Intestate Succession
• Missouri Courts (probate information and local court contacts): https://www.courts.mo.gov/
• Missouri State Treasurer — Unclaimed Property (if funds become unclaimed): https://treasurer.mo.gov/

Note: Statutes and court rules change. Use the links above to read the current laws and procedures or consult a probate attorney for specific advice.

Helpful Hints

• Secure documentation: gather the deed or sale contract, bank statements showing the sale proceeds, receipts, and the death certificate.
• Check non-probate designations: look for joint account forms, POD/TOD designations, trust documents, or beneficiary designations that may avoid probate.
• Contact the bank or holder of the funds early to learn their requirements for releasing money after a death.
• Consult the local probate court clerk: the clerk can explain whether a full probate is required or whether a small‑estate affidavit or summary administration is available.
• Keep good records of all estate expenses and creditor notices — administrators must account for payments before distributing funds.
• Be cautious about distributing funds before creditor claims expire — early distribution can expose someone to personal liability if a valid creditor claim later arises.
• If you aren’t sure how to proceed, speak with a Missouri probate attorney. They can advise whether opening an estate is necessary and help you follow local court procedures.

Where to get official help:

• Missouri Courts: visit https://www.courts.mo.gov/ for probate court locations and forms.
• Missouri Revised Statutes: review RSMo Chapter 473 and RSMo Chapter 474 for statutory details.

Final note: This article explains general principles under Missouri law. It is not legal advice. Every situation has unique facts that can affect the outcome. For specific guidance and to protect your rights, consider consulting a licensed Missouri probate attorney.