Understanding Missouri Intestacy Laws and How They Affect Your Family
Most people don’t think about what happens if they pass away without a will, but in Missouri, the consequences can be serious. When someone dies without a will, they are considered to have died “intestate.” In that situation, Missouri state law—not your family, not your spouse, not the court, and not your personal wishes—decides everything.
This article breaks down exactly what happens in Missouri if someone dies without a will. You’ll learn:
- How Missouri intestacy laws work
- Who inherits what (with examples)
- What happens if you’re married
- What happens if you have children
- What happens in blended families
- What happens to your home
- What happens if you own real estate alone
- Why probate is guaranteed
- How to avoid these outcomes
Let’s start with the big picture.
Missouri’s Intestacy Laws Decide Who Inherits Everything
When you die without a will in Missouri:
❌ You do NOT decide who inherits
❌ You do NOT decide guardians for minor children
❌ You do NOT decide who manages your estate
❌ You do NOT decide how assets are split
❌ You do NOT avoid probate
Instead:
✔ Missouri law controls all inheritance
✔ The court chooses your personal representative
✔ Probate is required
✔ The court decides guardianship for children
This is the worst possible scenario for most families.
How Missouri Divides Your Estate Without a Will
Missouri’s intestacy laws divide your estate based on your family structure. Here’s a breakdown:
Scenario 1 — Married With Children (Most Common)
Under Missouri law:
✔ Your spouse does NOT automatically inherit everything.
✔ Your children get a portion too.
If all children are shared children of the marriage:
- Spouse inherits the first $20,000 + ½ of the remaining estate
- Children inherit the other ½
Example:
Estate worth $400,000
- Spouse gets $20,000 + $190,000 = $210,000
- Children split $190,000
This surprises many families.
Scenario 2 — Married With Children From a Prior Relationship (Blended Family)
✔ Your spouse receives ONLY ½ of your estate
✔ Your biological children receive the other ½
This often creates instant conflict.
Example:
Your spouse and children from a first marriage may be forced into court together to settle disputes.
Scenario 3 — Married With No Children
The spouse inherits everything.
This is the only “clean” intestacy scenario.
Scenario 4 — Single With Children
Your children inherit everything equally.
BUT:
❌ If any children are minors
their inheritance must be managed through a court-controlled conservatorship that’s expensive, restrictive, and ends at age 18.
Scenario 5 — Single With No Children
Your estate goes to your:
- Parents
- If none, then siblings
- If none, nieces/nephews
- If none, extended relatives
If no relatives can be found, your estate goes to the State of Missouri.
What Happens to Minor Children?
This is one of the most devastating consequences of dying without a will.
❌ YOU do not pick the guardian
❌ Missouri law does not specify preferred guardians
✔ The court decides based on limited information
✔ Family members may fight
✔ Judge may appoint someone you would not choose
The probate judge has full discretion and may choose:
- The closest geographic relative
- The person who appears most “stable”
- A relative you avoided
- Someone with different values
- Someone you wouldn’t trust with money
Without a will → you lose all control
Without a trust → children receive inheritance at age 18
Most parents consider this the #1 reason to plan ahead.
What Happens to Your Home (Real Estate)?
If you die without a will and your home is titled only in your name:
❌ Your home will go through probate
❌ Your spouse may not inherit the entire house
❌ Your children could inherit part ownership
❌ Stepchildren may be excluded
❌ Property cannot be sold or refinanced during probate
Real estate is one of the biggest probate triggers.
If children inherit part of the home:
- They become co-owners
- Everyone must agree on selling
- Disputes go back to court
This is a nightmare for blended families.
What Happens to Your Bank Accounts?
If your accounts do NOT have:
- POD beneficiaries
- Joint owners
- Trust ownership
they will:
force the court to appoint a representative
be frozen
require probate
cause delays for your spouse and kids
What Happens to Your Vehicles?
Cars titled in your name alone also require probate—unless a TOD beneficiary is listed.
Without TOD:
may require bond or additional paperwork
spouse files claim
children may have ownership interest
cannot sell immediately
What Happens to Life Insurance and Retirement Accounts?
If beneficiaries are listed and alive → no probate.
If not → probate.
Common issues:
- outdated beneficiaries
- deceased beneficiaries
- ex-spouses still listed
- minor children listed
If a minor inherits:
❌ They cannot receive proceeds
✔ Court-controlled conservatorship required
✔ Funds released at age 18
Again — a trust prevents this problem.
Why Dying Without a Will Guarantees Probate in Missouri
Probate is required when:
- no will exists
- no trust exists
- assets lack beneficiaries
- real estate is titled individually
- minor children are involved
- disputes are likely
- blended family issues exist
Probate takes:
- 8–14 months
- $5,000–$20,000 in fees
- multiple court filings
- public exposure
This is why most families want to avoid it.
How to Avoid These Outcomes
To protect your family:
✔ Create a will (for guardianship)
✔ Create a revocable living trust (to avoid probate)
✔ Fund your trust
✔ Update beneficiaries
✔ Title your home properly
✔ Use financial powers of attorney
✔ Use medical directives
A fully funded trust solves:
delays
probate
asset control
blended family issues
minor children inheritance
disputes
Final Thoughts — Missouri Intestacy Laws Are a Poor Substitute for Real Planning
Without a will or trust:
- the state decides everything
- probate is guaranteed
- guardianship becomes chaotic
- blended families suffer
- minor children inherit at 18
- real estate becomes complicated
Most Missourians do NOT want these outcomes.
Want to Make Sure Your Family Is Protected?
We offer:
- modern virtual estate planning
- flat-fee pricing
- wills with guardianship
- revocable trusts
- full trust funding
- done-for-you estate plans
Schedule your free virtual consultation.