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Inheritance without a will

Who inherits when someone dies without a will in Missouri?

Missouri law supplies an inheritance plan for probate property when there is no valid will controlling that property. The answer depends on which relatives survived and whether the deceased person left a spouse, children, or descendants of a child who died earlier.

Reviewed August 28, 2026

What these rules control

Missouri inheritance law applies only to property that must go through probate.

An account with a valid beneficiary, property that passes automatically to a surviving owner, and property owned by a trust are transferred under those records instead. The family shares described on this page are calculated only after the probate property has been identified and the estate’s obligations have been addressed.

The spouse and descendants

The surviving spouse share changes with the family structure.

No surviving descendants

Spouse receives the intestate estate

If the deceased person left a surviving spouse but no surviving children or other descendants, the spouse receives the entire probate estate governed by these rules.

All descendants shared by the couple

Spouse receives the first $20,000 plus half the balance

The deceased person’s descendants receive the remaining share. The calculation applies to the probate estate after claims and administration.

At least one descendant from another relationship

Spouse receives half

The descendants receive the other half. This often matters in blended families and may produce a result the deceased person never discussed with the family.

When there is no surviving spouse

Missouri law follows a family order.

Children and their descendants

Children are first in line. If a child died earlier but left descendants, those descendants may receive the share connected to that family branch.

Parents, siblings, and their descendants

If there are no children or descendants, the law next looks to parents, brothers, sisters, and descendants of a brother or sister who died earlier.

More distant family

If none of those relatives survives, Missouri law continues through more distant family lines. The relationship must be legally established. Family closeness alone does not change the statutory order.

A family tree is evidence, not the final legal answer.

Children and descendantsParents and siblingsMore distant family

Deaths, adoptions, legally established parent child relationships, and the order in which people died can change the shares. The probate estate must also be separated from property that already passes outside probate.

Three separate questions

Do not combine ownership, authority, and inheritance.

Question	What answers it
Does the property enter probate?	The deed, title, account agreement, beneficiary record, trust connection, and other ownership documents.
Who may act for the estate?	The probate court appointment and Letters issued to the Personal Representative.
Who ultimately inherits?	A valid will for probate property, or Missouri inheritance law when no will controls.

Common misconceptions

What Missouri inheritance law does not do

It does not automatically give the oldest child authority. It does not allow the family to vote on who owns the property. It does not treat a longtime partner as a spouse without a legally recognized marriage. It does not make possession of a house, vehicle, or account the same as ownership.

Practical point

Before calculating shares, identify the probate property, confirm the family relationships, and establish who has court authority to act.

Common inheritance questions

Questions families ask when there is no will

Does the oldest child inherit everything?

No. Missouri law does not give the oldest child a larger share merely because of age.

Does a spouse always inherit everything?

No. A spouse receives the entire intestate estate only when there are no surviving descendants. When descendants survive, the spouse share depends on whether all descendants are also descendants of the surviving spouse.

Do stepchildren automatically inherit?

A stepchild does not inherit merely because of the step relationship. Adoption or another legally recognized relationship can change the result.

Can grandchildren inherit?

Yes. Descendants of a child who died earlier may receive the share connected to that child’s family branch.

Does this law control life insurance and beneficiary accounts?

Usually not when a valid beneficiary designation controls. Those records must be reviewed separately from the probate inheritance calculation.

When the family order is unclear

Get help identifying the people and property that control the inheritance calculation.

A missing will, blended family, deceased child, uncertain parent child relationship, or disputed asset can change the result. Jones Elder Law can review the probate property and family structure before distributions are made.

Jones Elder Law2085 Bluestone Drive, Suite 204
St. Charles, Missouri 63303636.493.3333Serving St. Charles County, St. Louis County, and families throughout Missouri.

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