If you die without a will, Missouri’s intestacy laws take over. The state decides who gets your property, and there’s a good chance it won’t match what you actually wanted. Your assets don’t just disappear. But you’ve given up control over where they go. At Legacy Law Center, we help families understand these laws and build estate plans that actually reflect their wishes. It’s not complicated, but it matters.
How Missouri Divides Your Estate
The distribution depends on who survives you. Missouri follows a specific hierarchy, and it prioritizes spouses and children before moving to other relatives. Let’s say you’re married with children. Your spouse gets the first $20,000 of your estate plus half of whatever remains. Your kids split the other half. This setup can create real problems in blended families or second marriages where relationships are already complicated.
If you’re married without children, your spouse only inherits everything when both of your parents have passed away. One or both parents still living? Your spouse gets half, and your parents receive the other half. Most people don’t expect this. Unmarried with children means they inherit everything equally. No kids? Your parents get it all. After that, the law looks to your siblings if your parents aren’t around anymore.
The Probate Process Without A Will
Your estate still goes through probate court even without a will. The court appoints someone called an administrator to handle everything. This person collects your assets, pays what you owe, and distributes what’s left according to state law. Your family waits while the court supervises each step, and there’s not much room for flexibility. A Chesterfield Estate Attorney can guide families through the process, but having a will from the beginning makes life easier for everyone.
Who Gets Left Out Under Intestacy Laws
Missouri’s intestacy statutes weren’t written for modern life. They assume traditional family structures and miss a lot of important relationships. Here’s who receives nothing:
- Unmarried partners, even if you’ve been together for years
- Stepchildren you helped raise
- Close friends who’ve been there for you
- Charities you care about
- Anyone who doesn’t fit the legal definition of family
These laws can’t account for the people who actually matter in your life. They just follow a rigid formula.
Property That Passes Outside Intestacy
Some assets bypass intestate succession completely. Life insurance policies go directly to your named beneficiaries. Same with retirement accounts and jointly owned property with rights of survivorship. Bank accounts with payable-on-death designations avoid probate, too. But anything in your name alone gets distributed according to intestacy laws if there’s no will to say otherwise. That’s often more property than people realize.
Protecting Minor Children
Without a will, you can’t name a guardian for your minor children. If both parents die, a judge decides who raises them. Judges try to do what’s best, but they don’t know your family. They don’t understand the dynamics or your specific concerns about certain relatives. We’ve watched families fracture over guardianship disputes that didn’t need to happen. A Chesterfield Estate Attorney can help you designate guardians and set up trusts to manage assets for your kids. It’s not just about money. It’s about making sure they’re cared for by the right people.
You get to decide who inherits your property. You choose who manages your estate and who takes care of your children. Nobody likes thinking about this stuff, but leaving everything to chance creates stress and conflict for the people you love most. We can help you create an estate plan that actually protects your family and reflects what you want. Reach out to our firm to discuss your options and get this handled properly.
