When a Missouri resident dies without a valid will, their estate is subject to the state’s intestate succession laws. These statutes, found in Chapter 474 of the Missouri Revised Statutes, dictate how assets are distributed among surviving relatives. While designed to reflect traditional family structures, intestate succession may not align with the decedent’s personal wishes, especially in blended families or non-traditional relationships.
The estate planning lawyers at Mark Harford Law help you understand intestate succession and what you can do to better safeguard your assets. The right estate plan can ensure your assets pass as you see fit, rather than relying on the intestate succession process.
What Is Intestate Succession?
Intestate succession refers to the legal process by which a deceased person’s estate is distributed when they die without a will. In Missouri, only probate assets, those that would have passed through a will, are subject to intestate rules. Assets like jointly owned property, life insurance proceeds, and retirement accounts with named beneficiaries typically bypass this process.
Intestate succession is not the ideal way to pass on your assets. A will, trust, or other estate planning document can better protect the value of your assets and ensure they go to who you want them to.
Missouri’s Hierarchy of Heirs
Missouri law prioritizes close family members in a specific order. Here is how the estate is divided depending on the surviving relatives:
1. Surviving Spouse and Children
- Children from the Marriage: The spouse receives the initial $20,000 of the estate plus half of any remaining balance. The children of the marriage share the other half of the estate.
- If Children from Another Relationship: The surviving spouse receives half of the estate. The children from outside the marriage receive the other half of any remaining estate.
- If No Children: The surviving spouse inherits the entire estate.
2. No Surviving Spouse
- Children: Inherit the estate equally.
- No children: The estate passes to the decedent’s parents.
- No parents: Siblings inherit.
- No siblings: Nieces and nephews may inherit.
- No identifiable relatives: The estate may escheat to the State of Missouri.
Adopted and Stepchildren
- Adopted Children: Treated as biological children under Missouri law and inherit equally.
- Stepchildren: Not considered legal heirs unless formally adopted. This exclusion can lead to unintended disinheritance in blended families.
Unmarried Partners and Estranged Relatives
Missouri does not recognize common law marriages. As a result:
- Unmarried Partners: Receive nothing under intestate succession.
- Estranged Relatives: May inherit despite lack of contact or relationship.
Why a Will Matters in Missouri Estate Planning
Dying intestate means losing control over:
- Who inherits your assets
- Who manages your estate
- How minor children are cared for
Without a will, the probate process can be lengthy and costly. It leaves your family members dealing with a stressful situation, and they may see assets pass to those they know you never wanted. Without a will or other estate planning document, asset distribution is out of everyone else’s control.
Missouri does not recognize oral wills, and handwritten wills are only valid if properly witnessed. Drafting a will and other estate planning documents with an experienced attorney is key. They ensure it is accurate, reflects your wishes, and will be enforceable in court. Your attorney can even help you avoid the probate process in many respects, saving time, money, and frustration for your heirs.
Avoid Intestate Succession with an Estate Plan in Missouri
For Missouri residents, creating a will is essential to avoid unintended outcomes and ensure your estate is distributed according to your preferences. Legal professionals can help draft a compliant, enforceable will that protects your legacy and your loved ones. Your hard-earned assets deserve the best protection available.
Let the dedicated estate planning attorneys at Mark Harford Law help you plan your estate and protect your legacy. Contact us today for a consultation.