What Happens If You Die Without a Will in Missouri?

A will is an important legal document for anyone who wants to control what will happen to his or her assets and personal belongings after death in Missouri. If someone dies without a will, he or she is said to have died “intestate” for legal purposes. In this situation, Missouri’s laws of intestate succession will determine how the deceased person’s assets are distributed. Make sure to contact an experienced estate planning lawyer in St. Louis for legal guidance and support.

What Are Intestate Succession Laws?

Intestate succession in Missouri is controlled by Revised Statutes of Missouri § 474.010. This law creates rules for how an individual’s property will be distributed upon his or her death if no will is present. Here’s a breakdown of how assets will be handled if there is no will:

• If there is a surviving spouse, he or she will receive the entire estate if there are no surviving children of the deceased person (the “decedent”).
• If there are surviving children who are also the children of the spouse, the spouse will receive the first $20,000 in value of the estate, plus 50 percent of the balance of the estate.
• If one or more of the children are not the surviving spouse’s, the spouse will receive 50 percent of the intestate estate.
• The part of the estate that does not go to the surviving spouse (or the entire estate if there is no spouse) will be distributed to the decedent’s children (or their descendants) in equal parts.
• If there is no spouse, child or grandchild, the decedent’s father, mother, siblings, nieces and nephews will receive the entire estate in equal parts. If these parties do not exist, the estate will be distributed evenly to the decedent’s next closest relatives.
• If there are no living relatives who are related to the decedent at least as closely as the ninth degree, the property will be given to the state in escheat.

The courts refer to this law as the default when making any judgments regarding the distribution of a deceased person’s property and assets in the absence of a will.

What Assets Are Included in Intestate Succession?

Only property subject to the probate process in Missouri will be included in the laws of intestate succession. This includes real estate, vehicles, bank accounts, business interests and personal property owned by the decedent.

Real estate and vehicles must be titled solely in the deceased person’s name to be distributed to beneficiaries through intestate succession. Assets that may fall outside of probate include retirement accounts, life insurance proceeds, property held in trusts and real estate included in transfer on death deeds.

Understanding Probate in Missouri

When someone dies without a will in Missouri, their family will have to go through the probate process to inherit any of the individual’s assets. Probate can be a long and arduous process that takes six months or more. It involves the family hiring an attorney, appointing a personal representative of the estate, notifying creditors, paying off debts and distributing any remaining assets to eligible beneficiaries.

How to Protect and Control Your Assets After Death

You can decide exactly where your assets will go after your death and save your loved ones the stress of probate by planning ahead. Creating a will and estate plan with help from an attorney in St. Louis can allow you to control and protect your legacy.

It’s never too early to create a will; no one knows when it will be too late to have their wishes honored. Contact an estate planning attorney today to ensure that your loved ones are properly taken care of in the event of your death.