Discovering that a loved one has passed away without leaving a will can feel overwhelming. In Missouri, this situation triggers a specific legal process known as intestate succession, which determines how the deceased person’s assets will be distributed according to state law. While this process can seem daunting, understanding the basics can help you navigate this challenging time with more confidence.
What Happens When Someone Dies Without a Will in Missouri?
When someone passes away without a valid will in Missouri, their estate becomes subject to the state’s intestate succession laws. According to Section 474.010 RSMo, the distribution of assets follows a predetermined order based on family relationships. This process, while structured, may not align with what the deceased would have wanted, which is why understanding the differences when dying intestate in Missouri is crucial.
The Basic Framework of Intestate Succession
Missouri law establishes a clear hierarchy for inheritance when there’s no will:
- If the deceased person was married with no children, the surviving spouse inherits everything
- If there are both a surviving spouse and children, the spouse receives the first $20,000 of the probate estate plus half of the remaining balance, while the children split the other half
- If there are children but no surviving spouse, the children inherit everything equally
- If there are no children or spouse, the inheritance passes to parents, then siblings, then more distant relatives
Starting the Probate Process
To begin managing an intestate estate, someone must petition the court to be appointed as the estate’s administrator. While executor or administrator responsibilities in Missouri probate can be complex, the basic steps include:
- Filing a petition with the probate court
- Obtaining Letters of Administration
- Identifying and securing estate assets
- Paying valid debts and taxes
- Distributing remaining assets according to intestate succession laws
Time and Cost Considerations
The timeline for probate in Missouri can vary significantly depending on the estate’s complexity. Most intestate estates take between six months to a year to complete, though complicated cases may take longer. Costs typically include:
- Court filing fees
- Attorney fees (if representation is needed)
- Administrator fees
- Asset appraisal costs
- Publication costs for legal notices
Special Considerations for Small Estates
For smaller estates valued at $40,000 or less, Missouri offers a simplified probate process. Handling small estates in Missouri probate can be less time-consuming and expensive through the use of a small estate affidavit.
Assets That Skip Probate
Not all assets go through probate, even in intestate cases. Assets that typically bypass probate include:
- Life insurance policies with named beneficiaries
- Retirement accounts with designated beneficiaries
- Property held in joint tenancy with right of survivorship
- Assets held in a living trust
- Bank accounts with payable-on-death designations
Common Challenges in Intestate Probate
Several challenges often arise during intestate probate:
- Family disputes over asset distribution
- Difficulty locating all potential heirs
- Uncertainty about which assets belong to the estate
- Complications with creditor claims
- Tax implications
Protecting Your Rights as an Heir
If you believe you’re entitled to inherit from an intestate estate, consider these steps:
- Contact the probate court in the county where the deceased person lived
- File a formal claim with the court asserting your relationship to the deceased
- Consider seeking legal representation to protect your interests
- Stay informed about court proceedings and deadlines
- Maintain communication with the estate administrator
Preventing Future Intestate Situations
While understanding intestate succession is important, the best approach is to prevent it entirely. For those wanting to understand the basics of Missouri probate and avoid its complications, consider:
- Creating a valid will
- Establishing a living trust
- Regularly updating beneficiary designations
- Consulting with an estate planning attorney
Conclusion
Navigating probate without a will in Missouri can be complex, but understanding the process helps make it more manageable. While the state’s intestate succession laws provide a framework for asset distribution, they may not align with your loved one’s wishes. This underscores the importance of proper estate planning to ensure your assets are distributed according to your preferences and to spare your loved ones the additional stress of intestate probate.
If you’re currently dealing with an intestate estate or want to prevent this situation for your own family, consulting with a qualified probate attorney can help you understand your options and protect your interests.
