What the rule says
Missouri's intestacy statute, Mo. Rev. Stat. § 474.010, distributes the estate of a Missouri decedent who dies without a will. The formula varies based on family structure:
- Spouse and all descendants are mutual: The spouse takes the first $20,000 plus one-half of the balance. The descendants take the other half. - Spouse and at least one descendant from prior relationship: The spouse takes one-half of the estate. The descendants take the other half. (No $20,000 floor.) - Spouse but no descendants: The spouse takes the entire estate. - Descendants but no spouse: The descendants take the entire estate by representation. - No spouse and no descendants: The estate passes to parents, then siblings, then more remote relatives.
Missouri's framework distinguishes carefully between mutual and prior-relationship descendants. The $20,000 floor for mutual descendants reflects a small policy bump for those families, but the spouse's share remains primarily one-half — substantially less spouse-favorable than many UPC states (which give the entire estate to the spouse with mutual descendants).
What this means in practice
The formula produces specific outcomes:
- Missouri resident dies without a will, leaving a surviving spouse and three mutual children. Estate: $400,000. Spouse takes $20,000 + 50% of $380,000 = $210,000. Children together take $190,000. - Missouri resident dies without a will, leaving a surviving spouse and one child from prior relationship. Estate: $400,000. Spouse takes $200,000 (1/2). Child takes $200,000. - Missouri resident dies without a will, leaving a surviving spouse and two children — one mutual and one from prior relationship. At least one is from a prior relationship, so the spouse takes one-half = $200,000. Children together take $200,000.
Missouri's framework is among the less spouse-favorable in the country for mutual-descendants families. A surviving spouse in a mutual-children Missouri household receives significantly less of the estate than a similar spouse in Florida (entire estate), Virginia (entire estate), New Jersey (entire estate), or other UPC states.
What you can do about it
A valid Missouri will gives complete control:
- Missouri will requirements (Mo. Rev. Stat. § 474.320). A will must be in writing, signed by the testator, and signed by two competent witnesses. - Missouri does not generally recognize holographic wills. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under Mo. Rev. Stat. § 474.160, a surviving spouse can elect against the will and take a share that depends on family structure.
Who this affects most
Missouri's intestacy formula is most consequential for:
- Married Missouri residents with mutual descendants, where the spouse's share is smaller than expected - Surviving spouses who depend on a larger share of the estate than one-half - Estate planners coordinating Missouri-specific outcomes - Out-of-state relocators expecting more spouse-favorable intestacy outcomes
Missouri's framework is comparatively less spouse-favorable than many UPC states. A will is the only mechanism to direct different distribution.