When someone dies in Missouri, the surviving spouse and minor children have rights to certain property and money that sit apart from the rest of the estate. Three protections in the state’s statutes support a household while the estate is open. We explain what each one covers and who qualifies.
Exempt Property Passes Without Regard to Value
Section 474.250 of the Missouri Revised Statutes says the surviving spouse or the decedent’s unmarried minor children are entitled absolutely to certain property of the estate without regard to its value. The statute lists these categories:
- Books, including the family Bible
- One passenger motor vehicle, which can be a pickup truck
- The family’s clothing
- Household electrical appliances
- Musical and recreational instruments
- Household and kitchen furniture, utensils, and tools
The property goes to the surviving spouse when there is one. Otherwise it goes to the unmarried minor children in equal shares. The list covers only those categories, and the statute sets no dollar cap on them.
When several heirs are involved, the allocation of this property can become a point of disagreement. When heirs disagree over who receives what, a multiple heirs probate lawyer can sort out the order of distribution.
A Support Allowance Covers the Period of Administration
Section 474.260 lets the court award a reasonable allowance in money to the surviving spouse and to minor children the decedent was obligated to support, as well as children actually being supported. It is in addition to the exempt property and the homestead allowance.
The allowance pays for maintenance during administration and may not continue longer than one year. It can be paid in a lump sum or in installments. In setting the amount, the court weighs the family’s previous standard of living, the condition of the estate, the available income and assets, and the applicant’s expenses.
The court may also let the recipient take estate property in place of money, up to the value of the allowance. The statute adds that the allowance is exempt from all claims.
If another party disputes the amount or the length of the allowance, a probate litigation lawyer in St. Charles can present the surviving spouse’s case to the court.
The Homestead Allowance Has a Cap and a Deadline
Section 474.290 sets a homestead allowance for the surviving spouse or the unmarried minor children. The allowance may equal up to fifty percent of the estate’s value, not counting exempt property or the support allowance, and in no case more than $15,000. Like the support allowance, it is exempt from all claims against the estate.
The family must apply for the allowance. If no application is filed within ten days after the time allowed for filing claims expires, the allowance is treated as waived, so a family that waits can lose it.
Families who plan ahead can work with a St. Charles estate planning lawyer on wills and trusts so the household’s needs are addressed before probate begins.
How These Allowances Fit Into Probate
Each allowance is set apart by statute for the household. Families can ask a St. Charles probate lawyer how the court will treat each allowance and when the application needs to be filed.
Debts are handled separately. The rules for debts and creditors affect the rest of the estate but not the allowances, which the statutes exempt from claims.
Estates that qualify for the small estate process follow different steps than a full administration. The allowances still matter for the family in either case.
Planning With Legacy Law Center
At Legacy Law Center, we handle estate planning, probate administration, estate litigation, and elder law for individuals and families. Charles J. Moore, our owner and managing attorney, has practiced law since 2005 and founded the firm in 2012. The American Institute of Legal Counsel named him one of the 10 Best Estate Planning Attorneys in Missouri in 2018, 2019, and 2020.
Allowances Can Be Lost After the Deadline
The allowances help a family keep going while an estate is open, and the homestead allowance can be lost if the application isn’t filed on time. Surviving spouses and parents of minor children who want to go over these deadlines can reach out to us to review the estate.
