What Happens If You Die Without a Will in Missouri?

The surviving spouse's share in Missouri depends on family structure.Mo. Rev. Stat. § 474.010Verified Jul 15, 2026 With no children: Entire estate. With shared children: First $20,000 plus half of the remaining estate. When children from a prior relationship survive: Half of the estate (no base amount when children are not of spouse).

Missouri uses the "per stirpes" distribution method.Mo. Rev. Stat. § 474.020Verified Jul 15, 2026 Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. Per stirpes (descendants of equal degree take per capita)

Missouri requires an heir to survive the decedent by 120 hours to inherit.Mo. Rev. Stat. § 474.010Verified Jul 15, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Under Missouri intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.Mo. Rev. Stat. § 474.010Verified Jul 15, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Missouri will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Missouri depend on estate size and complexity. Estates valued at $40,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Missouri probate cost calculator for a detailed estimate.