Understanding Missouri’s Intestate Succession Laws
Understanding Missouri’s intestate succession laws is essential for anyone dealing with the distribution of an estate when the deceased did not leave a valid will. These laws dictate how assets are distributed among heirs, ensuring that property is passed down according to state regulations.
In Missouri, intestate succession is governed by Chapter 474 of the Revised Statutes of Missouri. When an individual dies without a will, the state will determine who will inherit their property based on family relationships. Here’s a breakdown of how these laws work.
Spouses and Children
If the deceased was married and had children, the surviving spouse typically inherits a significant portion of the estate. According to Missouri intestate laws:
- If the decedent has children, the spouse usually receives half of the estate, while the other half is divided equally among the children.
- If there are no children, the spouse inherits the entire estate.
When There Are No Spouses or Children
In cases where the deceased did not have a spouse or children, the estate will be distributed to other relatives according to the hierarchy established by Missouri law. This order typically follows:
- Parents of the deceased
- Siblings and their children
- Grandparents
- Aunts, uncles, and their children
More Distant Relatives
If no immediate family members are available, the estate may eventually pass to more distant relatives, such as cousins. If no relatives can be found, the estate will escheat to the state of Missouri.
Property Types
Missouri intestate succession laws apply to personal property as well as real estate. All assets owned solely by the deceased must go through the intestate succession process. Jointly owned properties or assets with designated beneficiaries (like life insurance policies) will not be included in the intestate succession distribution.
Intestate Succession and Stepchildren
It’s crucial to note that stepchildren are not automatically entitled to inherit from a stepparent’s estate under Missouri law unless legally adopted. This aspect can lead to disputes, highlighting the importance of having a will to explicitly state inheritance intentions.
The Importance of Creating a Will
To prevent the complexities and potential conflicts arising from intestate succession, it is advisable to create a valid will. A well-crafted will offers clarity on how assets should be distributed and allows the individual to specifically name heirs.
Conclusion
Understanding Missouri’s intestate succession laws is crucial for managing the affairs of a deceased loved one. Whether you are an heir or are planning your estate, knowing these laws can help avoid confusion and ensure that wishes are respected. Consider consulting with an estate planning attorney to navigate these laws effectively.