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Dying Without A Will

Mo. Rev. Stat. § 474.010 — the spouse's first twenty thousand dollars plus half, and who takes the rest

Who else survivesThe surviving spouse takes
Who else survivesNo issueThe surviving spouse takesThe entire intestate estate
Who else survivesIssue who are all also the spouse'sThe surviving spouse takesThe first twenty thousand dollars plus one-half of the balance
Who else survivesIssue, one or more not the spouse'sThe surviving spouse takesOne-half of the intestate estate
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  • What does not go to the spouse, or all of it if there is none, goes to the children or their descendants in equal parts.
  • With no children or descendants, to the father, mother, brothers and sisters or their descendants in equal parts.
  • Then to the grandparents, uncles and aunts or their descendants, and then the great-grandparents, and so on.
  • With no kindred at all, to the kindred of a spouse who died while married to the person, and otherwise it escheats.
Sources for this section (1)
  1. Mo. Rev. Stat. § 474.010 — Intestate property, descent and distribution

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.

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