Intestate Estate

What Is an Intestate Estate?

An intestate estate is the estate of a person who died without a valid will. When that happens, Missouri's intestate succession laws — found in Missouri Revised Statutes Chapter 474 — take over and determine who inherits the decedent's probate property. These are the default rules the state uses when there's no estate plan in place, and they don't always produce the outcome most people would choose for their families.

It's important to understand that intestate succession only applies to assets that actually pass through probate. Assets with named beneficiaries — like life insurance, retirement accounts, and payable-on-death bank accounts — pass outside the estate regardless of whether there's a will. But real estate titled solely in the decedent's name, personal property, bank accounts without designated beneficiaries, and similar assets will all be subject to Missouri's intestacy rules.

Missouri's Intestate Succession Rules

Under Missouri law, who inherits depends on which family members the decedent left behind. If the decedent was married with children who are also the children of the surviving spouse, the surviving spouse inherits the entire estate. But if the decedent had children from a prior relationship, things get more complicated: the surviving spouse receives the first $20,000 of the estate plus half of the remainder, and the decedent's children share the other half.

If there's no surviving spouse, the estate passes to the decedent's children in equal shares. If a child predeceased the decedent and left children of their own, those grandchildren step into their parent's share through a concept called representation. If there are no children or descendants, the estate passes to the decedent's parents, then to siblings and their descendants, and so on through a defined order of priority.

Missouri's intestacy rules do not recognize unmarried partners, stepchildren who were never formally adopted, or close friends — no matter how important those relationships were to the decedent. If you want those people to receive anything, a valid will or trust is the only way to make it happen.

The Probate Process for Intestate Estates

When someone dies intestate in Missouri, their estate must go through the probate court process in the county where they were domiciled. The court appoints a personal representative — called an administrator when there's no will — to manage the estate. That person is responsible for gathering and valuing the decedent's assets, notifying creditors, paying valid debts and expenses, filing the decedent's final tax return, and ultimately distributing the remaining assets according to Missouri's intestacy statute.

Missouri probate can take anywhere from several months to well over a year, depending on the complexity of the estate and whether any disputes arise among heirs. All probate proceedings are public record, which means anyone can look up the decedent's assets and how they were distributed.

One of the most challenging aspects of intestate administration is family conflict. Without a will to express the decedent's wishes, disagreements about who should serve as administrator, how property should be valued, and how sentimental items should be distributed are common. An experienced probate attorney can help navigate those disputes and keep the process moving.

What Does an Intestate Estate Attorney Do?

The Taormina Firm assists families throughout the intestate estate administration process in Missouri. Vince helps identify and document estate assets, petition the court to open the estate and secure the administrator appointment, manage creditor claims, handle the sale of estate property when needed, and distribute the estate to the rightful heirs under Missouri law. He also helps families understand their rights if they believe the estate is being mismanaged.

If you've lost a family member who didn't have a will, the process can feel overwhelming — especially while you're grieving. Vince approaches every case with patience and clarity, breaking down what needs to happen and making sure every step is done correctly. The goal is to close the estate as efficiently as possible so your family can move forward.

Can Intestate Administration Be Avoided?

The best way to avoid intestate administration is to have a comprehensive estate plan in place before you need it. A will gives you control over who receives your assets, who serves as your personal representative, and who cares for your minor children. A revocable living trust goes even further by keeping your estate out of probate entirely. If you've been putting off your estate plan, the Taormina Firm makes the process simple and affordable.