Missouri
Missouri Probate and Intestate Succession: What Happens Without a Will (2026)
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 5 primary sources cited on this page. How we verify our legal content
Missouri probate runs through the Probate Division of the Circuit Court in each county, and Missouri is one of the few states that requires an attorney to represent the personal representative even in its lighter-oversight track.
Information last verified on 2026-07-16. This article has not yet been reviewed by a licensed lawyer.
How Probate Works in Missouri
Missouri probate is handled by the Probate Division of the Circuit Court in the county where the decedent lived at death. Each of Missouri's judicial circuits maintains its own probate division; the 16th Circuit Court, covering Jackson County, is one example. Missouri has not adopted the national Uniform Probate Code, but its own Probate Code, codified at RSMo Chapter 472 and following sections, offers a broadly similar choice between two tracks. Independent Administration gives the personal representative reduced court oversight and lets them act without seeking court approval for most individual steps. It is available either because the probated will itself authorizes or directs it, or, when the will is silent on the question, because all interested heirs and devisees consent to it and the will does not prohibit it. Supervised Administration requires the court to approve the personal representative's actions at each major step and requires periodic accountings and audits, giving heirs and creditors more built-in court oversight.
A detail that sets Missouri apart from many other states is that it requires the personal representative to be represented by an attorney under both tracks, not just in contested or supervised cases. Even a straightforward, uncontested Independent Administration in Missouri generally needs an attorney of record for the personal representative. Within either track, the general sequence still applies: the court appoints and issues letters to the personal representative, the estate's assets are inventoried and valued, notice is published to creditors and valid claims are paid, and the remaining assets are distributed to the heirs or beneficiaries before the estate is closed.
Intestate Succession in Missouri: Who Inherits Without a Will
When a Missouri resident dies without a valid will, RSMo Section 474.010 sets the order of descent. If the decedent has no surviving descendant, meaning no children, grandchildren, or other lineal descendants, the surviving spouse takes the entire estate. If the decedent does have surviving descendants and all of them are also descendants of the surviving spouse, meaning there is no blended-family complication, the spouse takes the first $20,000 of the estate plus one half of whatever remains, with the balance passing to the descendants. If the decedent has surviving descendants who are not also descendants of the surviving spouse, commonly a child from a prior relationship, the spouse's preferential $20,000 amount drops away entirely and the spouse instead takes a flat one half of the estate, with the other half passing to the descendants. Missouri is not a community property state, so this statutory division governs the decedent's full probate estate.
If no spouse survives, the estate passes to the decedent's descendants by representation. If there are no descendants, RSMo Section 474.010(2)(b) treats the decedent's father, mother, brothers and sisters, or the descendants of a deceased sibling, as a single class that takes in equal parts. Missouri does not give surviving parents priority over siblings, so a surviving mother and two surviving siblings would each take one third. If no one in that class survives, the estate passes to grandparents, uncles and aunts or their descendants, and after that to great-grandparents or their descendants. Missouri notably continues to recognize inheritance by fairly remote collateral relatives, sometimes informally called laughing heirs. Even once those degrees are exhausted, RSMo Section 474.010(3) sends the estate to the kindred of a predeceased spouse who was married to the decedent at the time of that spouse's death, in the same course as if the predeceased spouse had survived, and divides it in equal shares among the kindred of each predeceased spouse if there was more than one. Only when no one qualifies at any of those steps does the estate escheat to the state under RSMo Section 474.010(4).
One way to make sure your property goes to the people you actually choose, rather than following Missouri's intestate succession order, is to have a valid will in place. recordinglaw.com's free Missouri Last Will and Testament Generator can help you create one, with no account required.
Small Estate and Simplified Probate in Missouri
Missouri's small estate procedure, set out in RSMo Section 473.097, lets qualifying estates avoid full Independent or Supervised Administration. It is available when the value of the entire estate, after subtracting valid liens, debts, and encumbrances, does not exceed $40,000. As with most states, Missouri also requires a waiting period, at least 30 days after death, before the procedure can be used. This threshold applies to the estate's net value overall, not just to personal property, which makes it a somewhat narrower small estate procedure than the personal-property-only thresholds some other states use. For thresholds, waiting periods and forms, see our guide to the Missouri small estate affidavit.
Because Missouri's small estate ceiling is comparatively modest at $40,000, many Missouri estates, particularly ones that include real property, will not qualify and will need to go through Independent or Supervised Administration instead, with the attorney-representation requirement described above.
Preparing Papers for Missouri's Section 473.097 Procedure
For the RSMo Section 473.097 small estate procedure, first ask the clerk of the Circuit Court's Probate Division in the decedent's county for the forms it accepts. If you end up writing a document yourself in a word processor, PDFelement is optional paid software that can convert it to a PDF, edit its text, and turn scanned records into searchable text with OCR. It does not make a document valid by itself or replace any notary or witness step that applies, the court decides what it accepts, and it does not change Missouri's rule that a personal representative in a full administration must have an attorney.
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Does Missouri Have an Estate or Inheritance Tax?
Missouri has no state estate tax. Missouri's estate tax was tied to the federal state death tax credit and was effectively eliminated once Congress phased out that credit, with the Missouri Department of Revenue confirming no state estate tax applies to deaths since that change took effect around 2005. Missouri also has no state inheritance tax. Only the federal estate tax can apply to a Missouri estate, and in 2026 that tax exempts the first $15,000,000 per person, so it reaches only the largest estates nationally.
Do You Need a Probate Attorney?
In Missouri, the question is somewhat different than in states where hiring an attorney is optional. Both Independent and Supervised Administration require the personal representative to be represented by an attorney, so for any estate that does not qualify for the RSMo Section 473.097 small estate procedure, engaging a probate attorney is effectively built into the process rather than a separate choice. Counsel matters most with a likely will contest, a business interest, or a blended family, so ask a Missouri probate lawyer for a free case evaluation on representing the personal representative through the administration (attorney advertising). For a broader look at when a probate attorney is worth the cost, see Probate by State.
Disclaimer
This article provides general information about probate and intestate succession in Missouri as of the verification date above. It is not legal advice and does not create an attorney-client relationship. It is not a substitute for advice from a probate attorney licensed in Missouri, particularly for a contested estate, a business interest, or a blended family. Dollar thresholds and statutes change; verify current figures directly with the Missouri Probate Division of the Circuit Court or the cited official source before relying on any figure here.
Last updated: 2026-07-16. Figures and statutes cited reflect their in-force version as of 2026-07-16.
More Missouri Laws
- Missouri Child Custody Laws
- Missouri Divorce Laws
- Missouri Power of Attorney Laws
- Missouri Unclaimed Property
Frequently Asked Questions
What court handles probate in Missouri?
The Probate Division of the Circuit Court in the county where the decedent lived at death handles Missouri probate. Each of Missouri's judicial circuits maintains its own probate division.
Does Missouri have an inheritance tax?
No. Missouri has no state inheritance tax and no state estate tax. Only the federal estate tax, which exempts the first $15,000,000 per person in 2026, can apply.
What is Missouri's small estate threshold?
Missouri's small estate procedure under RSMo Section 473.097 applies when the entire estate, after subtracting debts, liens, and encumbrances, does not exceed $40,000. At least 30 days must pass after death before it can be used.
Who inherits if you die without a will in Missouri?
Under RSMo Section 474.010, a surviving spouse takes the entire estate if there is no surviving descendant. If all descendants are shared with the spouse, the spouse takes the first $20,000 plus half the remainder. If some descendants are not the spouse's, the spouse takes a flat half of the estate.
Does Missouri require an attorney for probate?
Yes. Missouri requires the personal representative to be represented by an attorney under both Independent Administration and Supervised Administration, a requirement most other states do not impose.
How long does probate take in Missouri?
Missouri probate generally takes about 6 to 18 months, with 10 to 12 months a common average. A mandatory creditor-claim period of about 6 months after first publication of notice is a major reason full administration rarely closes faster than 6 to 7 months.
Does having a will avoid probate in Missouri?
No. A will typically still needs to go through the Probate Division of the Circuit Court. What a will accomplishes is letting you choose who inherits instead of Missouri's intestate succession statute.
Updates
Corrected the Missouri intestate succession order: parents and siblings inherit together as one equal class under RSMo 474.010(2)(b) rather than parents first, and the estate passes to a predeceased spouse's kindred under 474.010(3) before it can escheat.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the description of Missouri's Independent Administration: RSMo 473.780 allows it either because the will authorizes or directs it, or, only when the will is silent, because all interested heirs consent, not solely by heir consent in every case.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Statutes of Missouri, Title XXXI (TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY), Chapter 474
§ 474.010General rules of descent.In force
All property as to which any decedent dies intestate shall descend and be distributed, subject to the payment of claims, as follows: (1) The surviving spouse shall receive: (a) The entire intestate estate if there is no surviving issue of the decedent; (b) The first twenty thousand dollars in value of the intestate estate, plus one-half of the balance of the intestate estate, if there are surviving issue, all of whom are also issue of the surviving spouse; (c) One-half of the intestate estate if there are surviving issue, one or more of whom are not issue of the surviving spouse; (2) The part not distributable to the surviving spouse, or the entire intestate property, if there is no surviving spouse, shall descend and be distributed as follows: (a) To the decedent's children, or their descendants, in equal parts; (b) If there are no children, or their descendants, then to the decedent's father, mother, brothers and sisters or their descendants in equal parts; (c) If there are no children, or their descendants, father, mother, brother or sister, or their descendants, then to the grandfathers, grandmothers, uncles and aunts or their descendants in equal…
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 33 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- JAS Apartments, Inc. v. Naji (Supreme Court of Missouri 2011, 354 S.W.3d 175)“…statutory rights, such as the right of descent provided in § 474.010, RSMo 2000. See Reinheimer v. Rhedans, 32…”
- Taylor v. Taylor (Missouri Court of Appeals 2001, 47 S.W.3d 377)“…cifically renounces any rights that he may have pursuant to § 474.010, RSMo. A Commissioner 1 o…”
- Thomas v. Higginbotham (Supreme Court of Missouri 1958, 318 S.W.2d 234)“…ath intestate.” Section 472.010 RSMo 1949, V.A.M.S. And see Section 474.010 RSMo 1949, V.A.M.S., Laws 1955, pp. 385, 462…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Revised Statutes of Missouri, Title XXXI (TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY), Chapter 473
§ 473.097Small estate — distribution of assets without letters, when — affidavit — procedure — fee.In forcecited in 2 of our articles
1. Distributees of an estate which consists of personal property or real property or both personal and real property have a defeasible right to the personal property, and are entitled to the real property of such estate, as provided in this section, without awaiting the granting of letters testamentary or of administration, if all of the following conditions are met: (1) The value of the entire estate, less liens, debt, and encumbrances, does not exceed forty thousand dollars; (2) Thirty days have elapsed since the death of the decedent and no application for letters or for administration or for refusal of letters under section 473.090 is pending or has been granted, or if such refusal has been granted and subsequently revoked; (3) A bond, in an amount not less than the value of the personal property, approved by the judge or clerk of the probate division is filed by the person making the required affidavit conditioned upon the payment of the debts of the decedent, including any debts to the state of Missouri, the expenses of funeral and burial and compliance with future orders of the court in relation to the estate of the decedent; and further conditioned that any part of…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2017
Opinions citing this section in our collection:
- State, Department of Social Services, Division of Medical Services v. Brundage (Missouri Court of Appeals 2002, 85 S.W.3d 43)“…ainst the affiant for failing to meet his obligations under § 473.097, RSMo, and, alternatively, for failing to kee…”
- Estate of Harris (Missouri Court of Appeals 2017, 529 S.W.3d 31)“…and concluded that: (1) “[t]his case was filed pursuant to Section 473.097 RSMo. as a small estate distributing [Djeced…”
- In the Estate of Bohannon (Supreme Court of Missouri 1997, 943 S.W.2d 651)“…e is the validity of the notice-by-publication provision of § 473.097, RSMo, 2 the statute governing administratio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Missouri Small Estate Affidavit: $40,000 Limit, Bond and Forms
§ 473.780Independent administration, when.In force
1. When a will admitted to probate authorizes or directs independent administration, either by specific reference to this section or by language providing that the estate be administered without adjudication, order or direction of the court, the letters testamentary shall provide that the personal representative therein named may administer the estate independently. When a will admitted to probate prohibits independent administration, expressly or by language manifesting intent that the estate be administered under court supervision, the directions of the will shall be observed. 2. When all of the heirs interested in an intestate estate or all of the devisees interested in a testate estate, or all of the heirs and devisees interested in a partially intestate estate, consent to independent administration, and the will does not prohibit it, the letters testamentary or of administration shall provide that the personal representative therein named may administer the estate independently.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1991
Opinions citing this section in our collection:
- Johnson v. Patrick (Missouri Court of Appeals 1991, 807 S.W.2d 552)“…of an independent administration existed. See § 473.780, RSMo 1986. As a result, appellants Robert an…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Revised Statutes of Missouri Section 474.010, General Rules of Descent(revisor.mo.gov).gov
- Revised Statutes of Missouri Section 473.097, Small Estates(revisor.mo.gov).gov
- Revised Statutes of Missouri Section 473.780, Independent Administration(revisor.mo.gov).gov
- Missouri Department of Revenue, Estate Tax(dor.mo.gov).gov
- 16th Circuit Court of Jackson County, Missouri, Probate Division(16thcircuit.org)
- IRS, "What's New - Estate and Gift Tax" (2026 basic exclusion amount)(irs.gov).gov
- Cornell Law School, Legal Information Institute, "Intestate Succession"(law.cornell.edu)
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