What Happens If You Die Without a Will In Missouri?
Most people know they should have a will. Very few actually get around to making one. If you're one of the many Missouri residents who has been putting it off, this article is for you — because what happens if you die without a will in Missouri might surprise you.
Missouri's Intestate Succession Laws Take Over
When someone dies without a will in Missouri, they are said to have died "intestate." That means Missouri's intestate succession laws automatically determine who gets your assets — not you.
The state has a fixed formula for this. It doesn't know your family situation, your relationships, your wishes, or your values. It just applies the formula. And that formula may have nothing to do with what you would have wanted.
Who Gets What Under Missouri Law?
Here's how Missouri distributes assets when there is no will:
If you are married with children from that marriage, your spouse receives the first $20,000 of your estate plus half of the remaining assets. Your children split the other half equally.
If you are married but have children from a previous relationship, your spouse receives half and your children from the previous relationship receive the other half. Your spouse does not automatically get everything.
If you are single with children, your children split everything equally.
If you are single with no children, your assets go to your parents. If your parents are deceased, they go to your siblings. If you have no siblings, they go to more distant relatives.
If you have no living relatives at all, your assets go to the state of Missouri.
What About Your Spouse?
One of the most common misconceptions in estate planning is that when one spouse dies, the surviving spouse automatically inherits everything. That is not true in Missouri.
As shown above, if you have children — even children you share with your spouse — your spouse does not automatically get 100% of your estate. They get $20,000 plus half. Your children get the rest. This can create serious financial hardship for a surviving spouse, especially if your largest asset is a home or a retirement account.
What Happens to Your Children?
If you have minor children and you die without a will, a judge decides who raises them. Without a will naming a guardian, the court has no guidance from you. It will make the decision it believes is in the best interest of the children — but that decision might not match what you would have chosen.
This alone is reason enough for every parent in Missouri to have a will.
What About Your Assets?
Certain assets pass outside of your will regardless — things like life insurance with a named beneficiary, retirement accounts with a named beneficiary, and jointly owned property. But everything else — your bank accounts, your car, your personal property, your home if it's in your name alone — goes through the intestate process.
That process takes time. It goes through probate court. It becomes public record. And it costs money in court fees and legal costs that come directly out of your estate.
What If You're Not Married But Have a Partner?
Missouri's intestate succession laws do not recognize unmarried partners. If you live with a partner, have been together for years, and share a life together — but you are not legally married — your partner gets nothing under Missouri law. Everything goes to your closest blood relatives, even if you are estranged from them.
The only way to protect an unmarried partner is with a properly drafted will or trust.
What If You Have a Blended Family?
Blended families are especially vulnerable when there is no will. Stepchildren have no inheritance rights under Missouri intestate law unless they were legally adopted. If you want your stepchildren to inherit anything, you need a will that specifically names them.
How Do You Fix This?
The answer is simple — make a will. A properly drafted will ensures that:
Your assets go to the people you choose
Your spouse is protected
Your children have a named guardian
Your estate avoids unnecessary delays and costs
Your wishes are followed exactly
A will doesn't have to be complicated. For many Missouri families a straightforward will takes one consultation and a short turnaround to complete.
Talk to a Lee's Summit Estate Planning Attorney
Zach Lund helps Missouri families in Lee's Summit and throughout the Kansas City metro area put the right plan in place. If you have been putting off making a will, now is the time.
Call 816-875-2380 or schedule a free consultation online. There is no obligation — just a conversation about how to protect your family.