What Happens if You Die Without a Will in Missouri

Many people underestimate the importance of having a will, often assuming that their assets will simply pass to their loved ones without legal complications. However, if you die without a will in Missouri, the distribution of your assets will be governed by state intestacy laws, which can lead to unexpected outcomes.

When a person dies intestate (without a will), Missouri law dictates how their property will be distributed. The first step in this process is to determine the deceased's immediate family members. Generally, the following hierarchy applies:

• If the deceased leaves behind a spouse and children, the spouse will inherit half of the estate, while the children will share the other half.
• If there are children but no spouse, the entire estate will go to the children.
• If there is a spouse but no children, the spouse will inherit the entire estate.
• If there are no immediate family members, such as a spouse or children, the estate will be distributed to the deceased's parents, siblings, or more distant relatives according to a predetermined order set by Missouri law.

This distribution can lead to complications, especially in blended families or situations where relationships are strained. For example, if you have children from a previous marriage, your current spouse may not inherit the distribution you intended, which can lead to family disputes and potential court battles.

Another significant consideration is that when someone dies without a will, the state appoints an administrator to manage the estate. This individual may not be someone the deceased would have chosen, which could lead to decisions being made that do not reflect the deceased’s wishes regarding their assets.

The probate process can also become lengthy and costly in the absence of a clearly defined will. Without a will, assets may remain in probate court for an extended period, preventing heirs from receiving their inheritances promptly. Moreover, legal fees can accumulate, further diminishing the estate's value that the heirs will receive.

Moreover, dying without a will means that you lose the opportunity to express your final wishes regarding matters like guardianship for minor children, funeral arrangements, and distribution of sentimental items. A will provides the testator the power to make these important decisions and lay the groundwork for how their estate should be handled.

In summary, dying without a will in Missouri can lead to unintended distribution of assets, family disputes, and additional costs during the probate process. To avoid these complications, it is crucial to consider drafting a will that clearly specifies how you wish your assets to be distributed and who will manage your estate according to your desires.

If you want to ensure that your loved ones are taken care of and that your wishes are honored, consider consulting an estate planning attorney. They can help you navigate the complexities of creating a will and ensure that your estate is handled according to your preferences.