When someone dies without a will in Missouri, state law decides who inherits the property that would have been covered by a will. The law looks at which family members survived the person, starting with a spouse and children. If the estate needs to go through probate, the court also appoints someone to handle it, since no executor was named.
That's the short answer to what happens when someone dies without a will. The details depend on the family and on how the person's property was owned.
What dying without a will means in Missouri
The legal term is dying "intestate." It simply means there was no valid will.
It doesn't mean the property is lost, or that there's no process for dealing with it. Missouri has a set of inheritance rules, called intestate succession, that fill in where a will would have. Those rules apply only to property that passes through the estate. As explained below, a good deal of property often doesn't.
Who inherits property when there is no will?
Missouri's rules start with the surviving spouse and descendants, meaning children, and grandchildren if a child has died.
A surviving spouse doesn't always inherit everything. The spouse's share depends on whether the person who died had descendants, and whether those descendants are also the spouse's.
If there are no surviving children or grandchildren, the spouse receives the entire intestate estate. If there are children, and all of them are also the surviving spouse's children, the spouse receives the first $20,000 plus half of the rest, and the children share the remainder. If any of the children are from another relationship, the spouse receives half of the estate, and the children share the other half.
That last situation surprises a lot of blended families. A spouse who expects to inherit the house and accounts may end up sharing them with stepchildren.
When there's no spouse, the property generally passes to the children. If there are no children, Missouri's rules move outward through parents, siblings, and more distant relatives.
Unmarried partners don't inherit under these rules, no matter how long the relationship lasted. Neither do friends or stepchildren who were never adopted.
The state receives the property only if no qualifying relatives can be found at all. That's rare.
Does the estate still have to go through probate?
Often, but not always, and not for every asset.
Probate is the court process used to settle property that was in the person's name alone and has no other legal way to pass. Having no will doesn't automatically send everything through probate. It just means the probate property, whatever there is of it, is divided under Missouri's inheritance rules instead of a will.
Some smaller estates can avoid full probate. In Missouri, when the estate's net value is $40,000 or less, heirs may be able to use a simpler small estate affidavit if the other requirements are met.
If an estate does need to be opened, our page on probate administration explains what the process involves.
Who handles the estate when there's no executor?
A will usually names someone to handle the estate. Without one, the probate court appoints a personal representative, often a surviving spouse or another close relative.
The personal representative's job is to gather the property, deal with bills and creditor claims, and distribute what's left to the people entitled to it under Missouri law. Being the personal representative doesn't mean that person inherits more. The two roles are separate. One person handles the estate, and the inheritance rules decide who receives it.
What happens to property with named beneficiaries?
Property with a named beneficiary usually goes straight to that beneficiary, will or no will. That includes most life insurance policies and retirement accounts, bank accounts that have a payable-on-death designation, and titled property such as vehicles, trailers, and boats when a transfer-on-death beneficiary has been named.
Property owned jointly with survivorship rights generally passes to the surviving owner. Property held in a trust passes under the trust's terms.
For many families, these assets make up a large share of what the person owned. That's one reason an estate without a will can sometimes be simpler than people expect.
What families should do next
Start by figuring out what the person owned and how each item was held. Look for beneficiary designations, joint accounts, deeds, and any trust documents. It's also worth searching carefully for a will before assuming there isn't one.
Family members can't simply divide probate property however they agree. Missouri's rules decide who the heirs are, and the probate court may need to be involved before property can be transferred. When there's a house or other property in the person's name alone, talking with a probate attorney early can help sort out which process applies.
A will makes your own decisions clearer
A will lets you decide who receives your probate property and who handles your estate, instead of leaving it to the statute. Parents can also use a will to nominate a guardian for minor children.
A will doesn't control every asset and doesn't keep property out of probate. A trust or other documents may serve purposes a will can't. Together, they make up an estate plan.
Talking with Schmanke Law Firm
If someone in your family has died without a will, Schmanke Law Firm handles probate administration for families throughout East Central Missouri. The firm can also help you create or update your own will or estate plan. The main office is in Union, and the Owensville office is available by appointment.
