How Missouri’s Intestate Succession Laws Work for Your Estate

Missouri's intestate succession laws govern the distribution of assets when a person dies without a valid will. Understanding how these laws work is crucial for ensuring that your estate is handled according to your wishes—or at least through the legal framework set by the state. This article outlines the key aspects of intestate succession laws in Missouri.

What is Intestate Succession?

Intestate succession occurs when an individual passes away without a legally valid will. In such cases, Missouri law dictates how the deceased's assets will be divided among surviving relatives. The distribution is determined by the state’s intestacy statute, which is designed to allocate assets in a manner that reflects typical family structures.

Who Inherits Under Missouri's Intestate Succession Laws?

Missouri's intestate succession laws prioritize heirs based on their relationship to the deceased. The primary categories of heirs include:

Spouse: If the deceased is survived by a spouse, they typically inherit the largest share of the estate. If there are children involved, the spouse will inherit half of the community property and a specific share of the separate property, depending on whether there are surviving children.
Children: If the deceased has children, they will inherit the estate if there is no surviving spouse. In cases where both a spouse and children exist, the estate is divided between them. Each child, including adopted children, is treated equally under the law.
Parents: If the deceased has no spouse or children, the estate is passed to the parents. If both parents are alive, they share equally. If one parent is deceased, the other inherits the entire estate.
Siblings: In the absence of a spouse, children, or parents, siblings inherit the estate. If a sibling has passed, their share is divided among their children (the deceased's nieces and nephews).
Extended Family: If no immediate family members exist, the estate may pass to more distant relatives such as grandparents, aunts, uncles, and cousins.

The Importance of Estate Planning

While Missouri provides a structured intestate succession framework, it may not align with your personal wishes. The estate distribution under these laws can often lead to unintended consequences and family disputes. To avoid this situation, proactive estate planning, including drafting a will, is highly recommended.

How to Create a Valid Will in Missouri

Creating a valid will involves a few key steps in Missouri:

Age Requirement: The testator must be at least 18 years old or legally emancipated.
Written Document: The will must be in writing; oral wills, or “holographic wills,” are not recognized in Missouri.
Signature: The will must be signed by the testator or in their name by another person at their direction and in their presence.
Witnesses: The will should be signed by at least two witnesses who are not beneficiaries, which helps ensure its validity.

Conclusion

Understanding Missouri's intestate succession laws is essential for effective estate planning. By knowing who inherits under these laws, individuals can make informed decisions about their wills and estate plans. If you want to ensure your assets are distributed according to your wishes, consider consulting an estate planning attorney to guide you through the process.