When someone dies without a valid will, intestate succession in Missouri decides who inherits their probate assets. Missouri law creates the inheritance plan. The probate court may also need to confirm heirs, address debts, and authorize transfers of property.

For St. Louis families, this process can feel confusing. Questions often come up quickly: Who inherits? Does the estate need probate? What happens if more than one person claims a share?

This guide explains how intestate succession works in Missouri probate and when families may need help from a St. Louis probate attorney.

What Does “Intestate” Mean in Missouri?

A person dies intestate when they pass away without a will. Missouri statutes define “heirs” as the people, including a surviving spouse, who are entitled to receive real and personal property under the intestate succession statutes when a person dies intestate.

In plain English: if there is no valid will, Missouri law creates the inheritance plan.

What Is Probate?

Probate is the court process used to handle a deceased person’s estate. It may include identifying and valuing assets, paying valid debts and taxes, and distributing remaining property to heirs or beneficiaries. If there is no will, Missouri’s intestacy laws decide who receives the probate property.

Probate is usually handled in the probate division of the circuit court in the county where the person lived at the time of death. For many families in the St. Louis area, that may mean St. Louis County, St. Louis City, St. Charles County, or Jefferson County.

Which Assets Go Through Intestate Probate?

Not every asset automatically goes through probate. Probate generally applies to assets owned solely by the deceased person, such as individual bank accounts, personal property, or real estate owned only in the decedent’s name. Assets with a beneficiary designation, joint ownership, or trust ownership may pass outside probate.

Examples of probate assets may include:

• A house titled only in the deceased person’s name
• A bank account with no joint owner or payable-on-death beneficiary
• A vehicle titled only to the deceased person
• Personal property with no beneficiary designation

Who Inherits Under Missouri Intestate Succession?

Missouri law sets the order of inheritance when a person dies without a will. The outcome depends on the person’s family situation.

Surviving Spouse and No Children

When the decedent leaves a surviving spouse but no surviving “issue,” the spouse receives the entire intestate estate. “Issue” means children or other lineal descendants.

Surviving Spouse and Children of That Same Marriage

A different rule applies when the decedent leaves a spouse and children who are also the surviving spouse’s children. In that situation, the spouse receives the first $20,000 plus one-half of the remaining intestate estate. The children receive the balance in equal parts.

Surviving Spouse and at Least One Child From Another Relationship

The spouse’s share changes when at least one surviving child or descendant is not also the surviving spouse’s child or descendant. In that case, the surviving spouse receives one-half of the intestate estate and the other one-half of the estate passes to the decedent’s children in equal parts.

No Surviving Spouse But Kids

If there is no surviving spouse, but the decedent had children, the estate passes to the decedent’s children in equal parts, with an deceased child’s share passing down to their descendants in equal parts. 

No Surviving Spouse and No Kids

When there is no surviving spouse and there are no children (or descendants), Missouri law states that probate assets are distributed to parents and siblings in equal parts, with an deceased sibling share passing down to their descendants in equal parts. Finally, full-blooded siblings receive twice as much as any half-blooded sibling.

Common Intestate Probate Options in Missouri

The right probate path depends on the estate value, timing, asset type, and family situation.

Full Probate Administration

If the probate estate is over $40,000, timing matters. When probate starts within one year of death, the estate may use independent or supervised administration.

Small Estate Affidavit

Missouri allows a simplified small estate process when the value of the entire estate, less liens, debt, and encumbrances, does not exceed $40,000, and at least 30 days have passed since death.

This process is often faster and less expensive than full probate, but the affidavit must still address debts, taxes, assets, and the people entitled to receive property.

Determination of Heirship

If the estate is over $40,000, no full estate was opened within one year of death, and no will was admitted to probate, a Determination of Heirship may be needed. This court process identifies the lawful heirs and allows estate property to be transferred.

The petition cannot be filed until one year after death, must be set for hearing, and requires notice to interested parties.

Refusal of Letters

Missouri law also allows the probate court, in certain situations, to refuse to grant letters. This may apply when the estate is not greater than the amount allowed by law as exempt property and allowances to the surviving spouse or unmarried minor children.

Is There a Deadline to Start Probate in Missouri?

Deadlines matter. Certain probate filings, including petitions for letters of administration, generally must be filed within one year of the date of death.

Missouri statute also states that no letters of administration shall be issued unless application is made within one year from the decedent’s date of death, except as provided in the statute.

Missing deadlines can limit the available probate options. After one year, families may need to look at alternatives such as a small estate affidavit, refusal of letters, or determination of heirship if the facts fit.

Why Intestate Probate Can Become Complicated

Intestate succession may sound straightforward, but problems can arise when:

• Family members disagree about who should inherit
• A child, sibling, or other heir cannot be located
• The estate includes real estate in St. Louis or another Missouri county
• More than one year has passed since death
• The estate has debts, taxes, or creditor claims
• No one knows whether a probate case has already been filed

Probate involves notifying heirs and creditors, preparing an inventory, paying valid debts, and distributing assets according to the will or Missouri law.

What Should St. Louis Families Do First?

If a loved one died without a will, start by gathering the basic documents and information:

1. Certified death certificate
2. List of known assets
3. Deeds, titles, bank statements, and account records
4. Names and addresses of surviving spouse, children, and other possible heirs
5. Information about debts, taxes, and funeral expenses
6. Any documents that may show beneficiary designations or joint ownership

How a St. Louis Probate Attorney Can Help

A probate attorney can help determine whether probate is required, which probate option fits the estate, who the legal heirs are, and what filings are needed in the proper Missouri probate court. A local probate attorney like John P. Fritz, can help choose the right probate path, ensure filings are timely and accurate, minimize delays, and protect the rights of an executor or heir.

For families dealing with intestate succession in St. Louis, legal guidance can be especially helpful when there is no will, multiple heirs, real estate, or uncertainty about deadlines.