Determination of Heirship in St. Louis, MO: A Complete Guide
Tue 17 Jun, by Ingrid Cruz on Probate
When a loved one passes away without a valid will, Missouri law requires a formal Determination of Heirship to identify who is entitled to inherit their estate. For families in St. Louis, St. Charles or Jefferson County, this can be a confusing and emotional process. At Fritz Law, LLC, our seasoned probate attorneys in St. Louis, help you navigate each step, ensuring that assets passed to the rightful heirs under Missouri statues.
What is Determination of Heirship?
Determination of Heirship is a court-supervised procedure used when someone dies intestate (without a will) or when the validity of a will’s beneficiaries is in question. The probate court examines family relationships to:
- Established the decedent’s next of kin.
- Determine the shares of each heir under Missouri law.
- Determine the assets of the decedent.
This formal finding prevents future disputes and allows the probate process to move forward smoothly.
Why it Matters for St. Louis Families
- Preventing Disputes
An official Heirship determination reduces the risk of later claims from unknown relatives.
- Speeding up Probate
Once Heirs and assets are identified, the assets can be distributed more efficiently, avoiding lengthy delays.
Missouri’s Heirship Laws at a Glance
Under the Missouri Revised Statues, Chapter 472, heirs are classified in the following order when someone dies intestate:
|
Relationship |
Share of Estate |
|
Spouse and no descendants |
Entire estate to spouse |
|
Spouse + Descendants |
Spouse receives first $20k + ½ of balance; children split remainder equally |
|
No Spouse with descendants |
Entire estate divided equally among children |
|
No Spouse or descendants |
Estate passes to parents and siblings in equal parts |
Note: Legally adopted children inherit as if biological under Missouri law; foster children typically do not unless formally adopted. Any predeceased child’s (or sibling’s) share passes down to his or her children in equal shares (if any). Finally, full siblings receive twice the share as half siblings.
The Heirship Determination Process
- Petition Filing: Your attorney files a Petition of Determination of Heirs in the proper Probate Court.
- Notice to Potential Heirs: Court-ordered notices are sent to all known and possible heirs. Unknown parties may be served by publication.
- Hearing: A probate judge reviews testimony and evidence and issues an Order Determining Heirs.
- Final Distribution: With the order in hand, assets are distributed in accordance with the court’s findings and Missouri intestate succession laws.
How Fritz Law LLC Can Help
- Local Expertise: Deep knowledge of St. Louis County, St. Louis City, St. Charles County, and Jefferson County probate rules.
- Compassionate guidance: We handle notifications and court filings relieving your family’s burden.
- Clear communication: You’ll know g exactly what to expect at each stage.
- Efficient resolution: We work to minimize delays and move your case toward closure.
3 Most Frequently Asked Questions
Q: How long does the Determination of Heirship process take?
A: Typically, 3 to 4 months, depending on notice requirements and court scheduling.
Q: Do I need to hire an attorney for Determination of Heirship?
A: Yes, St. Louis County, St. Louis City, St. Charles County, and Jefferson County all require you to hire an attorney to proceed with a Determination of Heirship action. An experienced St. Louis Probate attorney can help to make the process streamline and easy.
Q: What if an Heir cannot be found?
A: The court may allow service by publication and may require you to file an affidavit of due diligence regarding your efforts in trying to locate the missing heir.
If your loved one die without a will or you’re facing disputes over beneficiaries, don’t navigate the Heirship process alone. Fritz Law, LLC offers a free consultation to explain your options and plan your next steps. Give us a call today!