Many people write wills to direct the disposition of their estates after death. However, when a person passes away without a will, probate administration of their estate must occur through the intestate succession process. But how does Missouri law govern estate administration when a decedent does not leave a will?
Overview of Missouri Intestate Succession Laws
Missouri’s intestate succession statute controls which of a decedent’s family members will inherit from their estate if they pass away without a will or if their will does not dispose of the entire estate (with estate assets left out of the will passing via intestate succession). Intestate succession laws only govern the distribution of probate assets. The probate process does not involve assets such as joint financial accounts, accounts with transfer-on-death or pay-on-death designations, assets like life insurance or pension benefits with beneficiary designations, and real property held in a joint tenancy with right of survivorship or tenancy by the entirety.
Priority of Heirs in Missouri Intestate Succession
Under the intestate succession law, a decedent’s surviving spouse inherits the entire intestate estate if the decedent has no surviving descendants. However, suppose the decedent has surviving descendants who are also descendants of the decedent’s spouse. In that case, the surviving spouse will receive the first $20,000 in value of the intestate estate plus one-half of the balance of the intestate estate. If the decedent has one or more surviving descendants who are not descendants of the decedent’s surviving spouse, then the spouse receives one-half of the intestate estate.
Any part of the intestate estate not distributed to a surviving spouse gets distributed according to the following priority:
- The decedent’s children, or their descendants, in equal parts
- The decedent’s parent(s) and sibling(s), or their descendants, in equal parts
- The decedent’s grandparents, aunts, and uncles, or their descendants, in equal parts
- The decedent’s great-grandparents, or their descendants, in equal parts
Suppose a decedent does not have any of the above surviving family members. In that case, their intestate estate will pass to the decedent’s nearest lineal ancestor and their descendants, in equal parts. However, relatives who are not ancestors or descendants of the decedent may not inherit unless they share a relation to the decedent no greater than the ninth degree, calculated by counting up from the descendant to the nearest common ancestor and then downward to the relative, with those two counts combined to form the degree of kinship.
If a decedent leaves no surviving spouse or kindred, the family of the decedent’s predeceased spouse (if married to the decedent at the time of the spouse’s death) will inherit, and if the decedent had two or more predeceased spouses, then in equal shares to the families of each predeceased spouse.
If no living person can inherit from the decedent, their intestate estate will “escheat” to the state.
Special Considerations in Missouri Intestate Succession
Other considerations that may arise when intestate succession laws take effect during a probate case include:
- Adopted Children – Missouri law treats lawfully adopted children the same as biological children.
- Stepchildren/Foster Children – A stepchild or foster child cannot inherit unless lawfully adopted by the decedent or another person entitled to inherit from the decedent.
- Children Born Outside Marriage – Children born out of wedlock can inherit once a court establishes paternity (if applicable).
- Children Conceived Before the Decedent’s Death – A child conceived but not born before a decedent’s death can inherit as if their birth occurred before the decedent’s death.
Contact an Estate Administration Attorney Today
Intestacy laws can come into play in probate administration when a decedent fails to leave a will or does not dispose of their entire estate in their will. Contact Martin & Birdsong, Attorneys at Law, today for a confidential consultation with a probate administration lawyer to learn how Missouri’s intestate succession laws might affect your loved one’s estate if they passed away without leaving a will.