The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Missouri with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
How intestacy works in Missouri
When someone dies in Missouri without a valid will, Mo. Rev. Stat. §474.010 et seq. decides who inherits. The statute orders potential heirs by their relationship to the deceased — spouse and children first, then parents, then more distant relatives — and specifies exactly what share each one receives.
Missouri is a common-law (separate property) state, so there is no community-property split; the shares above apply to the whole intestate estate.
What happens when there’s a surviving spouse only (no children, no parents)
If there are no surviving descendants, the spouse inherits the entire intestate estate.
What happens when there’s a surviving spouse and children
This is the most common situation and where Missouri’s rules get specific:
If all of the decedent's surviving descendants are also descendants of the surviving spouse, the spouse takes the first $20,000 in value plus one-half of the balance, and the descendants share the rest. If one or more descendants are not also the spouse's, the spouse takes one-half of the estate (no $20,000 preference) and the descendants take the other half.
For families where everyone is from the same marriage, the spouse generally gets a meaningful share. For blended families — where one or more children are from a prior relationship — many states change the math substantially. If your situation might fit that, the section above is exactly the rule that applies.
What happens when there’s a surviving spouse and parents (no children)
The surviving spouse takes the entire estate; Missouri's §474.010 gives the decedent's parents nothing when a spouse survives and there are no descendants.
What happens when there are children but no spouse
The entire estate passes to the children or their descendants in equal parts.
What happens when there’s no spouse and no children
Order of inheritance: descendants → the decedent's father, mother, brothers, and sisters (and their descendants) in equal parts → grandparents, uncles, and aunts (and their descendants) → great-grandparents and their descendants → the nearest lineal ancestors and their children → escheat to the state (county school fund).
This is where intestacy starts producing results that often surprise people — distant relatives the deceased may not have been close to can end up inheriting, and a long-time unmarried partner inherits nothing.
A Missouri-specific quirk
Missouri lets parents and siblings inherit together — 'the father, mother, brothers and sisters and their descendants in equal parts' all share the same class (§474.010(2)(b)) — and its $20,000 spousal preference is far smaller than the six-figure allowances in UPC states.
What intestacy can’t do (and why it usually fails most people)
Even when Missouri’s intestacy rules produce a result close to what someone would have chosen, the rules can never:
- Leave anything to an unmarried partner — intestacy doesn’t recognize unmarried partners regardless of relationship length
- Leave anything to a step-child you didn’t formally adopt
- Leave anything to a friend, charity, or specific person outside your family
- Name a guardian for your minor children — a Missouri judge picks
- Specify who handles your estate — a court appoints an administrator
- Identify specific items for specific people
- Account for blended-family dynamics in nuanced ways
- Reduce probate costs and time — intestate estates still go through full probate
For most Missouri families, a basic will — costing $300 to $1,500 with a local attorney, or $50 to $300 with an online service — is meaningfully better than the default rules.
What probate looks like in Missouri when there’s no will
If someone dies intestate in Missouri, the estate still goes through probate. A court appoints an administrator (rather than an “executor” — the title is different for intestacy) to:
- Inventory the estate’s assets
- Notify creditors and pay debts
- Identify legal heirs under Missouri’s intestacy statute
- Distribute remaining assets to heirs according to the statute
For details on what probate costs and how long it takes in Missouri, see:
- How Much Does Probate Cost in Missouri?
- How Long Does Probate Take in Missouri?
- How to Avoid Probate in Missouri
What to do this week if you don’t have a will
The most useful single move for any Missouri adult without a will:
- Write a basic will. Either through an online service ($50-$300) or a local attorney ($300-$1,500). Name an executor, name a guardian for any minor children, and specify who inherits what.
- Update beneficiary designations on retirement accounts, life insurance, and POD/TOD bank accounts. These pass outside both the will and intestacy.
- Sign a financial power of attorney and a healthcare directive. These handle incapacity (not death) and prevent your family from needing court-appointed guardianship.
For a Missouri family with a typical estate, this whole package usually costs under $1,500 and takes a couple of weeks of intermittent work. It’s substantially cheaper and less stressful than what happens if you don’t do it.
Related reading
- Do I Need a Will? — the honest decision
- How to Write a Will (and What Makes It Valid)
- What Is Probate?
- How to Avoid Probate
- Estate Planning Checklist
- Beneficiary Designations
- Power of Attorney Explained
This page explains Missouri intestacy law in general terms as of 2026. It is not legal advice; intestacy provisions, dollar thresholds, and statute citations can change. Confirm current rules with a licensed Missouri attorney before relying on this page. Sources: Mo. Rev. Stat. §474.010 (general rules of descent), Mo. Rev. Stat. §474.020 (per stirpes distribution).