• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
  • Services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veterans Benefits
  • Seminars
  • Areas We Serve
    • Ballwin
    • Chesterfield
    • Clayton
    • Creve Couer
    • Des Peres
    • Edwardsville
    • Fenton
    • Glen Carbon
    • Glendale
    • Kirkwood
    • Maryland Heights
    • Oakland
    • Sappington
    • St. Louis
    • Sunset Hills
    • Valley Park
    • Webster Groves
  • Resources
    • Asset Protection Worksheet
    • Elder Law Resources
      • Chesterfield Elder Law
      • Fenton Elder Law
      • Kirkwood Elder Law
      • Sunset Hills Elder Law
      • St. Louis Elder Law
      • St. Peters Elder Law
      • Webster Groves Elder Law
    • FREE Estate Planning Seminars
    • FREE Estate Planning Worksheet
    • Frequently Asked Questions
      • Estate Planning
      • Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Trust Administration & Probate
    • Is Your Estate Plan Outdated?
    • Medicaid Resources
    • Multimedia
    • Newsletters
    • Presentations
    • Pre Consultation Form
    • Probate Checklist
    • Probate Resources
    • Retirement Planning Checklist
    • Special Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning For Niches
      • Trust Administration
  • Reviews
    • Our Reviews
    • Review Us
  • Blog
  • Contact Us

Amen, Gantner & Capriano | Your Estate Matters, L.L.C.

St. Louis Estate Planning & Elder Law Attorneys

Logo
CONNECT WITH US TODAY (314) 966-8077
ATTEND A FREE WEBINAR
Home / Estate Planning / How Is My Property Transferred If I Die Intestate in St. Louis MO?

How Is My Property Transferred If I Die Intestate in St. Louis MO?

January 28, 2014

Estate Planning Tagged With: intestate succession, Last Will and Testament

probate in st louis missouriA person who dies with a valid Last Will and Testament is said to have died “testate” while someone who dies without having executed a valid Will is said to have died “intestate”. If you die intestate in St. Louis Missouri, the Missouri intestate succession laws will determine who receives your property and how that property is transferred.

While a Will can accomplish other goals as well, the most common reason for executing a Will is to determine who will receive your assets after your death. If you die intestate, therefore, you give up the ability to decide who will receive your estate property when you die. Instead, the State of Missouri gets to decide who gets what. Not all property, however, passes through the intestate succession laws. Assets that are not included in the probate process will pass directly to the beneficiary. Life insurance proceeds, retirement benefits, and funds held in a “payable on death” account, for instance, are not required to go through probate. Probate assets, however, will pass according to Missouri intestate succession laws as follows:

  • Spouse and no children – everything to spouse
  • Children and no spouse – everything to children
  • Spouse and descendants from you and that spouse– spouse gets first $20,000 plus half the remainder and descendants inherit everything else
  • Spouse and descendants from another person – half to spouse and half to descendants
  • Parents and siblings with no spouse or children – all inherit in equal shares
  • Parents only – parents inherit everything
  • Siblings only – siblings inherit everything

Aside from losing the ability to decide who will inherit from your estate if you die intestate, you also lose control over the future of estate property. Because the laws of intestate succession require heirs to inherit an exact percentage of the value of your estate the court that oversees the probate of your estate may be required to sell estate property in order to liquidate funds to ensure that you are heirs inherit the exact percentage that they are entitled to under the law. Unfortunately, this could mean that your family home has to be sold in order to liquidate the estate.

Of course, the best way to ensure that your estate assets are preserved and passed down according to your wishes is to create a comprehensive estate plan. At a bare minimum you should work with your estate planning attorney to execute a Last Will and Testament which will allow you to decide who will receive your estate assets when you die.

  • Author
  • Recent Posts
Paul Gantner
Paul Gantner
I am an owner of Amen, Gantner & Capriano, Your Estate Matters, L.L.C. I have been able to bring my business and legal education and experience into a firm that has for many years provided comprehensive estate plans that meet clients’ needs and expectations.My passion has been creating and constantly pushing AGC’s mission of “Helping Families Secure their Legacies by Embracing them into the Law Firm Family through Long-term, Personal Advisory Relationships.”
Paul Gantner
Latest posts by Paul Gantner (see all)
  • Lessons from Patagonia - January 5, 2023
  • Planning for the “Silver Tsunami” - December 29, 2022
  • More than Just Salad Dressing: The Ongoing Saga of Newman’s Own Foundation - December 22, 2022

Filed Under: Estate Planning Tagged With: intestate succession, Last Will and Testament

Other Articles You May Find Useful

Now That Mid-Terms Are Over, Let’s Talk Taxes
Refresh and Reset: Syncing up in San Diego
Planning for the “Silver Tsunami”
More than Just Salad Dressing: The Ongoing Saga of Newman’s Own Foundation
Understanding Undue Influence – Part II
Understanding Undue Influence – Part I

About Paul Gantner

I am an owner of Amen, Gantner & Capriano, Your Estate Matters, L.L.C. I have been able to bring my business and legal education and experience into a firm that has for many years provided comprehensive estate plans that meet clients’ needs and expectations. My passion has been creating and constantly pushing AGC’s mission of “Helping Families Secure their Legacies by Embracing them into the Law Firm Family through Long-term, Personal Advisory Relationships.”

Primary Sidebar

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • twitter
  • linkedin
  • youtube

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

Where We Are

Amen, Gantner & Capriano
10733 Sunset Office Drive, Suite 425
St. Louis, MO 63127

See Larger MapGet directions

Office Hours

Monday8:30 AM - 5:00 PM
Tuesday8:30 AM - 5:00 PM
Wednesday8:30 AM - 5:00 PM
Thursday8:30 AM - 5:00 PM
Friday8:30 AM - 12:00 PM

Map

map for Amen, Gantner & Capriano Your Estate Matters office
  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Footer

Connect to us

  • Facebook
  • twitter
  • linkedin
  • youtube
footer-logo

© 2023 American Academy of Estate Planning Attorneys, Inc.

Amen, Gantner & Capriano,
Your Estate Matters, LLC

Attorney Advertisement