What Happens to Your Estate if You Die Without a Will in Missouri

In Missouri, dying without a will means you are considered to have died "intestate." This legal status triggers the state's intestacy laws, which dictate how your estate will be distributed among your heirs. Understanding these laws is crucial, as they can significantly affect your loved ones and the distribution of your assets.

When you pass away intestate, Missouri law mandates that your estate be divided among your surviving relatives based on their relationship to you. The distribution process prioritizes immediate family members, such as a spouse and children. Here's a breakdown of how assets are typically distributed:

1. Surviving Spouse and Children:
If you are married and have children, your spouse will inherit half of your estate, while your children will equally divide the remaining half. For example, if you have two children, they would each receive 25% of your estate.

2. Surviving Spouse Without Children:
If you die without children but have a spouse, the spouse inherits the entire estate. However, if you also have surviving parents or siblings, they may receive a portion of the estate if there are no children involved.

3. No Spouse or Children:
If you do not have a spouse or children, your estate will be distributed to your parents. If your parents are deceased, the inheritance will then move to your siblings, or their children in the event that they are also deceased.

4. Brothers and Sisters:
If you have no surviving spouse, children, or parents, your estate will pass to your siblings. In this case, the distribution would be equal among them. If a sibling has passed away, their share would go to their children.

5. Extended Family:
In the absence of closer relatives, Missouri's intestacy laws will continue to extend outward to more distant relatives, including grandparents, aunts, uncles, and cousins. The order of priority decreases as you move further away from your immediate family.

6. If No Legal Heirs Exist:
If it happens that you die without any surviving legal heirs, your estate will escheat to the state of Missouri. This means all of your assets will become property of the state.

It's important to note that certain assets may not be included in the estate. For instance, life insurance proceeds usually go directly to the named beneficiaries, regardless of your will status. Additionally, jointly held assets may pass directly to the surviving owner.

Given the complexities involved in intestate succession, it's highly advisable to create a will. A legally binding will can help avoid any confusion or disputes among your heirs and ensure that your desires for asset distribution are honored. Engaging with an estate planning attorney can also provide guidance specific to your situation.

In summary, if you die without a will in Missouri, state laws will govern the division of your estate based on your surviving relatives. To avoid potential complications and ensure your wishes are respected, consider drafting a will to clearly outline your intentions.