Missouri Living Trust

Missouri Intestate Succession — Best Essential Guide (2026)

By Oleg Kachko · Updated June 12, 2026

✓ Verified June 2026

This guide explains what happens when someone dies dying without a will in Missouri — exactly who inherits under Missouri’s intestate-succession law, and what surprises families most. All shares are from Missouri statute, verified as of June 2026.

Who Inherits When There Is No Will in Missouri

Here is exactly how Missouri divides an estate when there is no will:

If the person leaves… Who inherits in Missouri
Spouse, no children The surviving spouse inherits the entire intestate estate if the decedent has no surviving descendants (children, grandchildren, etc.)
Spouse + shared children The surviving spouse receives the first 20000 of the intestate estate plus one-half of the balance. The children (descendants) split the remaining half in equal shares. This applies when ALL surviving children/descendants are also children of the surviving spouse.
Spouse + children from another relationship The surviving spouse receives one-half of the intestate estate (no 20000 priority). The decedent’s children who are NOT children of the surviving spouse split the other half in equal shares. This applies when one or more of the decedent’s surviving descendants are NOT descendants of the surviving spouse.
Children, no spouse The children (descendants) inherit the entire intestate estate in equal shares. If a child predeceased the decedent but left descendants, those descendants take the deceased child’s share by representation (per stirpes).
No spouse, no children The estate passes in this order: (1) To the decedent’s father, mother, brothers and sisters (or their descendants) in equal parts; (2) If none, to the grandfathers, grandmothers, uncles and aunts (or their descendants) in equal parts; (3) If none, to great-grandfathers, great-grandmothers (or their descendants) in equal parts; (4) Continuing to the nearest lineal ancestors and their descendants. Collateral relatives must be related within the ninth degree under civil law rules. If no kindred of the decedent exist, the estate passes to the kindred of any predeceased spouse (as if that spouse had survived the decedent and then died entitled to the property). Only after all these are exhausted does the estate escheat.
No living relatives (escheat) The estate escheats to the state of Missouri only if there are no surviving relatives of the decedent within the ninth degree of kinship (civil law computation) AND no surviving kindred of any predeceased spouse. Missouri also allows inheritance by kindred of a predeceased spouse before escheat, which is a notable safeguard against escheat.

These shares come from Missouri intestate-succession law (RSMo 474.010 (General rules of descent), with related sections RSMo 474.015 (120-hour survival), RSMo 474.020 (per stirpes/per capita), RSMo 474.040 (half-blood), RSMo 474.250 (exempt property), RSMo 474.260 (family/support allowance), RSMo 474.290 (homestead allowance)).

How Missouri divides shares among descendants: Missouri uses a hybrid approach under RSMo 474.020. When all heirs are of equal degree of kinship to the decedent, they take per capita (by the person, in equal shares). When some members of a generation have predeceased the decedent but left descendants, those descendants take per stirpes (they split their deceased parent’s share).

This is sometimes called “per capita at each generation with per stirpes representation.”

Missouri homestead and family allowance: Missouri provides three separate allowances that take priority over creditor claims and general estate distributions: (1) Exempt property (RSMo 474.250) — the surviving spouse (or if none, unmarried minor children) receives certain property absolutely regardless of value, including all household furniture, appliances, kitchen utensils, one automobile, wearing apparel, the family bible and books, and household musical/amusement instruments;

(2) Family/support allowance (RSMo 474.260) — a reasonable monetary allowance for maintenance of the surviving spouse and minor children during administration, not to exceed 1 year, based on the family’s prior standard of living and the estate’s condition; (3) Homestead allowance (RSMo 474.290) — up to 50 percent of the estate value (excluding exempt property and the family allowance), capped at a maximum of 15000,

for the surviving spouse or unmarried minor children.

All three allowances are in addition to the spouse’s intestate share.

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Half-blood relatives in Missouri: Under RSMo 474.040, when inheritance passes to collateral kindred (siblings, cousins, etc.) and some are of the whole blood and some of the half blood, those of the half blood inherit only half as much as those of the whole blood. However, if ALL collateral heirs are of the half blood, they take whole (full equal) portions, and ascendants (parents, grandparents) receive double portions.

Assets That Pass Outside Missouri Intestate Rules

Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), jointly held property with right of survivorship, and assets in a living trust pass outside Missouri’s intestate succession rules and are not governed by RSMo 474.010. These transfer directly to the named beneficiary or surviving co-owner regardless of what the intestacy statute provides.

Other Missouri intestacy rules: (1) 120-hour survival rule (RSMo 474.015): Any person who fails to survive the decedent by 120 hours (5 days) is deemed to have predeceased the decedent for intestate succession, homestead allowance, and exempt property purposes — but this rule does not apply if it would cause the estate to escheat to the state.

(2) Predeceased spouse’s kindred: If the decedent has no surviving relatives, the estate passes to the kindred of any predeceased spouse before escheating — this is an unusual provision not found in every state. (3) Ninth-degree limit: Collateral relatives beyond the ninth degree of kinship (civil law computation) cannot inherit, which limits extremely remote relatives from claiming.

(4) Adopted children (RSMo 474.060): An adopted person is treated as the child of the adopting parent, not the natural parents, for inheritance purposes — except when the adoption is by the spouse of a natural parent, the child’s relationship with that natural parent is preserved. (5) Posthumous children (RSMo 474.050): Children conceived before but born after the decedent’s death inherit as if born during the decedent’s lifetime.

What Dying Without a Will in Missouri Really Means

When someone dies without a will in Missouri, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Missouri divides an estate when someone is dying without a will in Missouri, and they often surprise people: a spouse may not automatically inherit everything.

Understanding dying without a will in Missouri helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Missouri depends on how each asset was titled.

You don’t have to do this alone

If you are settling a loved one’s estate in Missouri, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

Official Missouri Sources & Resources

This Missouri intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Missouri Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.