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.
Updated September 11, 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.
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.
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.
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.
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.
Before calculating shares, identify the probate property, confirm the family relationships, and establish who has court authority to act.
Three examples show how the family changes the shares
These examples use an illustrative $200,000 available for intestate distribution after obligations and applicable allowances. They exclude property with a valid nonprobate transfer. They assume the identified relatives qualify as heirs and no waiver, disclaimer, or other special rule changes the result.
| Family at death | Surviving spouse | Descendants together |
|---|---|---|
| A spouse and two children, both also children of that spouse | $110,000 | $90,000: $45,000 to each child |
| A spouse and two children; at least one child is not that spouse’s child | $100,000 | $100,000: $50,000 to each child |
| A spouse and no surviving descendants | $200,000 | No descendant share |
In the first example, the spouse receives $20,000 plus half of the remaining $180,000. In the second, the first-$20,000 provision does not apply. Both children share the descendants’ portion; the child from the earlier relationship does not receive that entire portion. The governing rule is RSMo section 474.010.
When a child died earlier
Assume there is no surviving spouse, one living child, and a deceased child who left two living children. On these facts, the living child receives $100,000. The two grandchildren divide their deceased parent’s $100,000 share and receive $50,000 each. This is an example of taking a deceased parent’s share under Missouri’s representation rule. Different generations and a different set of surviving relatives require a new calculation.
Build the family record before anyone divides property
Start with a list of the deceased person’s spouse, children, and descendants of any child who died earlier. Record legal names, relationships, dates of death, and contact information. Add marriage, divorce, adoption, birth, and death records where they affect the family tree. An uncertain relationship should be identified for legal review, not resolved by family assumptions.
Check who survived long enough. For intestate succession, Missouri generally requires an heir to survive the deceased person by 120 hours. A death shortly afterward can therefore change the shares. The statute has an exception when applying it would send the property to the state. See RSMo section 474.015.
Keep the asset list separate. Obtain the actual deed, account title, beneficiary record, insurance designation, or trust documentation. An account described by a relative as “joint” may not have the transfer terms the family expects. Use the probate and nonprobate property guide to organize those questions.
If the family cannot identify eligible relatives, the law continues beyond children, parents, and siblings. In a limited situation with no eligible surviving spouse or relatives of the deceased, relatives of a qualifying predeceased spouse can inherit. That provision can matter to some stepfamilies. Property passes to the state only when no one qualifies under the statutory order.
Practical questions
Questions about inheritance without a will
Does the oldest child inherit everything?
No. Age and being the family organizer do not create a larger intestate share. The legal family relationships and survival facts control. The oldest child also does not acquire authority to sell estate property simply by being oldest; appointment as Personal Representative is a separate question.
Does a surviving spouse always inherit everything?
No. If the deceased person left surviving descendants, the spouse’s share depends on whether all of those descendants are also descendants of the spouse. The examples above show the difference. Calculate the distributable probate estate first; do not apply the percentages to every asset the family associates with the deceased.
Do stepchildren automatically inherit?
No. A stepchild is not automatically treated as the deceased person’s child. Adoption or another legally established relationship can change that analysis. There is also a limited provision for relatives of a qualifying predeceased spouse when no eligible spouse or relatives of the deceased survive. A blended family therefore needs a complete family tree before anyone concludes that a stepchild is excluded.
Can grandchildren inherit when their parent is still living?
In the ordinary situation where that parent is a qualifying surviving child of the deceased, the parent receives the child’s share; the grandchildren do not take an additional share through that living parent. Descendants of a child who died earlier may take that child’s share. Disclaimers, survival questions, and other special facts require separate analysis.
Does intestacy law control life insurance and beneficiary accounts?
A valid designation generally controls the asset’s transfer. It is reviewed separately from the intestate probate calculation. If no beneficiary can take, a designation fails, or the estate is the named beneficiary, the governing contract and Missouri law must be checked. A beneficiary label is a reason to inspect the record, not to assume that probate is impossible.
Do parents inherit ahead of siblings when there is no spouse or descendant?
Not automatically. Missouri places the deceased person’s parents and siblings, or the descendants of deceased siblings, in the same next statutory category. The surviving family members and representation rules determine the shares. Do not use a family chart that assumes parents always take everything before siblings are considered.
Can the family agree to divide the estate differently?
Family preferences do not change the statutory shares by themselves. A proposed settlement, disclaimer, or transfer of an inheritance has its own legal and possible tax or benefit consequences. Identify everyone with an interest, including minors or people who cannot consent for themselves, and have the proposed arrangement reviewed before distributing property.
Missouri sources and related guidance
Read the current statutes alongside the explanation above. Local filing requirements and case-specific orders may add steps.
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.
St. Charles, Missouri 63303636.493.3333Serving St. Charles County, St. Louis County, and families throughout Missouri.