What happens when a person dies without a Will? The answers are very often misunderstood, and misstated, and many answers one may read online need to be corrected. Additionally, many nuances can play into the situation, greatly affecting the answer. Therefore, there is more than one simple answer. Still, many potential answers can be based on what a person owned, who they owned it with, and whether there was a beneficiary designation on a given asset. However, one can receive clear and definite answers if asked the correct questions.
In legal terms, dying without a Will is referred to as dying “intestate.” Therefore, Missouri State laws, called “the laws of intestate succession,” very clearly state who your heirs are and who would inherit your assets if you die without a Will. These laws essentially provide a default plan for how the deceased’s estate is divided and who the beneficiaries are. While this may provide a safety net, the default distribution might not align with the deceased’s preferences.
Don’t Let the State of Missouri Make Choices For You
As stated another way, all Missouri residents who have not made a will or trust do have an estate plan of sorts; they just probably don’t realize it. The State of Missouri has decided who will be your heirs if you die, and any assets need to be probated. However, you may not like or agree with those choices, and you have the right to override these choices by making your own Will, Trust, or Estate Plan.
For example, many married couples assume that the surviving spouse will receive all their assets if one spouse dies. However, this is only sometimes true. If a person is married and has children, the laws of intestate succession state that a spouse would get half, and kids would get half of any probate estate. This is a general rule, and there are exceptions, as well as special items that a spouse can ask for. However, wouldn’t you prefer to make your own choices and override the default decisions the Missouri legislature has designed for those who don’t plan?
Additionally, whether you die with or without a Will, assets can go through Probate, a time-consuming and expensive process that can often be easily avoided with proper planning.
What Goes Through Probate?
The laws of intestate succession only apply:
- If a person dies without a Will; and
- To those specific asset(s) that are titled into the decedent’s name ONLY (no co-owners), and said asset(s) having no Payable On Death (POD), Transfer On Death (TOD), or Beneficiary Designations (Essentially, assets that are still “stuck” in the name of the deceased person)
What do the Laws of Intestate Succession Say?
The division and/or distribution of a deceased person’s property in Missouri who died without a Will depends heavily on the identity of surviving relatives.
Here are some basic descriptions of some typical scenarios:
- Survived by Spouse, No Descendants: In this situation, the surviving spouse is entitled to the entirety of the deceased’s estate.
- Survived by Descendants, No Spouse: If descendants survive the deceased — this includes children, grandchildren, etc. — but there’s no surviving spouse, then the descendants will inherit the estate in various shares.
- Survived by Spouse and Descendants: This scenario often leads to a division of the estate between the surviving spouse and descendants. The spouse inherits the first $20,000 of the intestate property in Missouri, plus 1/2 of the estate balance. The descendants inherit the rest of the estate.
- Survived by No Spouse or Descendants: If the deceased had no immediate family (no spouse or descendants), the estate is divided among other relatives, as determined by Missouri Law. This usually begins with parents and siblings, or if there are no living parents and never have siblings, they can continue to more distant family members.
The above are very general descriptions. Many circumstances, including titling, beneficiary designations, joint ownership, and other nuances, can affect the distribution of the deceased person’s assets, and a qualified probate and estate attorney can assist you with understanding such matters.
More on the Probate Process in Missouri
When there’s no Will, the deceased’s estate undergoes a probate process in Missouri. Missouri has several types of probate procedures, depending on the estate size and how long the decedent died. If the estate is greater than forty thousand dollars ($40,000), and the decedent died within one year ago, often a “typical probate administration” occurs.
This process may involve appointing a “Personal Representative” to be in charge of the estate., locating the deceased’s assets, paying debts or taxes, and then distributing the remaining property to the deceased person’s heirs or beneficiaries. The timeframe and costs can vary depending on factors like the size of the estate and the ease of locating the heirs. Complications may arise if there are disputes over the estate.
If the Estate is forty thousand dollars ($40,000) or less, a “Small Estate” may be possible, which is generally quicker, cheaper, and easier than a full estate. If the decedent died more than one year ago, and the estate is greater than forty thousand dollars ($40,000), a “Determination of Heirship” may be utilized, which is often quicker, cheaper, and easier than a full estate.
For more information on these concepts, please see our probate section on our website or click any of the links above.
Spousal Allowances
Under the Missouri Laws of Intestate Succession, a Spouse is entitled to and may petition the Court for, certain assets above and beyond the “intestate share” to which they are entitled. One example is that a surviving spouse is entitled to a “one-year support allowance” based on the spouse’s standard of living and expenses – i.e., an amount equal to one year of support because their deceased spouse is no longer there to support them. There is no set amount, and a surviving spouse must petition the Court for and be granted such support amount.
Other concepts, such as “Exempt Assets” and “Homestead Allowance,” can also provide financial protection to a surviving spouse.
The above spousal allowances are a critical part of the state’s intestacy laws. They are intended to help the surviving spouse maintain a standard of living in the immediate aftermath of their partner’s death. In some cases, similar allowances may be available for the decedent’s surviving minor children.
The Importance of Having a Will
While Missouri’s intestacy laws provide a safety net for those who die without a Will, the Laws of Intestate Succession might not match the deceased’s person’s wishes. Therefore, if you want to take your destiny into your own hands and do not want the state controlling the distribution of your assets after you die, creating a Will is of utmost importance.
Having a Will is not just about distributing property; it’s an essential document that gives you control over your estate and helps prevent complications that may arise upon your death.
With a Will, you can precisely dictate how your assets are divided, avoiding potential disputes among surviving relatives. It also allows you to designate a legal guardian and/or conservator for minor children, a decision that could otherwise fall to the courts, and your wishes and appointments should be memorialized. At the same time, you are alive, often done in one’s Will.
A well-drafted Will can streamline the probate process, hastening the distribution of assets, and can also be effective for making meaningful gifts and donations, supporting causes or individuals that hold significant importance to you.
Having a Will is a critical component of responsible financial planning.
Summary: Intestate Succession and Wills
In Missouri, the Laws of Intestate Succession dictate distribution when an individual dies without a Will. While these laws aim to distribute assets among surviving relatives fairly, they may only sometimes align with the deceased’s wishes. This highlights the importance of having a Will or intentional estate plan, thus controlling how one’s assets are divided.
Creating a comprehensive Will requires foresight that can prevent potential disputes, ensure the welfare of minor children, and expedite the lengthy probate process.
It is recommended that individuals seek the advice of an experienced estate planning attorney. Their expertise can help individuals towards a well-planned future, guiding them through creating a Will that best reflects their wishes – or better yet – avoid probate altogether by engaging in planning that goes above and beyond a basic Will. Such planning ensures peace of mind for the individual and provides clarity and security for the loved one’s survivors.
