Dying without a will, known legally as dying “intestate,” can create confusion, delays, and unintended consequences for your loved ones. In Missouri, the state’s intestacy laws determine how your assets are distributed, who manages your estate, and who inherits your property. While these laws aim to reflect typical family structures, they may not align with your personal wishes. Making the right plan now can help ensure your wishes are respected even after you are gone.
The estate planning lawyers at Mark Harford Law work with you to create an estate plan so you do not pass away intestate. Safeguard the assets you have worked so hard for and ensure they go to who you want. Schedule a consultation today to learn more.
Missouri’s Intestate Succession Laws
When a Missouri resident dies without a valid will, their estate is distributed according to the state’s intestate succession statutes (Missouri Revised Statutes §474.010 et seq.). These laws prioritize close family members and follow a specific order of inheritance.
If you die without a surviving spouse:
- With children from the marriage: The spouse receives the first $20,000 of the estate plus half of the remaining balance. The children share the other half.
- With children from another relationship: The spouse receives half of the estate. The children from outside the marriage receive the other half.
- With no children: The spouse inherits the entire estate.
If you die without a spouse:
- Your children inherit the estate equally.
- If no children survive, the estate passes to your parents.
- If no parents survive, siblings inherit.
- If no siblings survive, nieces and nephews may inherit.
- If no relatives can be found, the estate may eventually escheat to the State of Missouri.
This rigid structure can lead to outcomes that may not reflect your preferences. This is especially true in blended families, unmarried partnerships, or estranged relationships.
What Happens to Your Property?
Missouri intestacy laws apply only to assets that would have passed through a will. These typically include:
- Real estate titled solely in your name
- Bank accounts without a payable-on-death (POD) designation
- Personal property such as vehicles, jewelry, and household items
- Investments and retirement accounts without named beneficiaries
Assets that will bypass intestate succession typically include:
- Jointly owned property with rights of survivorship
- Life insurance proceeds with named beneficiaries
- Trust assets
- POD or transfer-on-death (TOD) accounts
Special Considerations for Families
Missouri’s intestacy laws may not account for modern family dynamics. For example:
- Unmarried partners receive nothing under intestate succession.
- Stepchildren are not considered legal heirs unless adopted.
- Estranged relatives may inherit despite lack of contact.
- Minor children who inherit property may require a court-appointed guardian to manage assets.
Without a will, you lose the ability to control who inherits, how assets are managed, and who cares for dependents.
Why Having a Will Matters
Creating a valid will in Missouri allows you to:
- Choose your beneficiaries
- Name a trusted executor
- Appoint guardians for minor children
- Minimize family disputes
- Avoid unintended distributions
A will also streamlines the probate process and can reduce administrative costs and delays.
Requirements for a Valid Will in Missouri
- Must be in writing
- Signed by the testator
- Witnessed by two individuals who are not beneficiaries
Missouri does not recognize oral wills, and handwritten wills (holographic) are only valid if properly witnessed. A meeting with an estate planning attorney can avoid the many common pitfalls that occur without a will, or one you try to do on your own, which may be legally ineffective.
Consult an Missouri Estate Planning Attorney to Avoid Intestacy
To protect your loved ones and ensure your legacy is honored, consider working with an estate planning attorney to draft a will that meets Missouri’s legal requirements. A clear, valid will provides peace of mind and prevents unnecessary hardship for those you leave behind.
Let the dedicated estate planning attorneys at Mark Harford Law help you avoid probate and maximize your children’s benefit. Contact us today for a consultation.