About Missouri,
Missouri's family allowance is separate from a surviving spouse's inheritance and elective share. The probate court may award reasonable support during administration for up to one year, based on the family's prior standard of living, available assets, and expenses.
Missouri follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Missouri intestate law (RSMo § 474.010) determines your share. The small-estate threshold is $40,000, and typical probate takes 6-12 months.
Missouri does not impose a state estate tax or inheritance tax, so your exposure is limited to federal estate tax rules if applicable.
Property & Intestate Rules
How Missouri classifies marital property and what a surviving spouse typically receives if there is no will.
How Missouri Classifies Marital Property
Common Law (Equitable Distribution) (RSMo § 452.330)
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | Entire estate |
| Children from marriage | The first $20,000 in value of the intestate estate, plus one-half of the balance of the intestate estate |
| Children from prior relationship | One-half of the intestate estate |
One-half of the estate if there are no lineal descendants; one-third of the estate if there are lineal descendants
Deadline to File
- Missouri filing window
- Within 10 days after the expiration of the time limited for contesting the will
Home Protections for Surviving Spouses
A surviving spouse is entitled to a homestead allowance of $15,000, which is exempt from all claims against the estate. This allowance is in lieu of dower and homestead rights (RSMo § 474.290).
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $40,000 |
| Typical probate timeline | 6-12 months |
| State estate tax | No |
| State inheritance tax | No |
| Tax notes | Missouri does not have a state-level estate tax or inheritance tax. |
Deadlines You Cannot Afford to Miss
Missouri-Specific Rules
Dower and curtesy have been abolished (RSMo § 474.110). Missouri recognizes tenancy by the entirety for married couples, which offers creditor protection and automatic survivorship.
Missouri Legal Help Resources
Sources used to verify this guide, plus starting points for legal aid, court self-help, and local attorney referrals.
Source-backed review
Legal sources checked for Missouri
Reviewed July 18, 2026. These references were used to check key state-specific inheritance, allowance, deadline, or probate details in this guide.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Missouri.
- Is Missouri a community property state?
- Missouri is classified as Common Law (Equitable Distribution). Common Law (Equitable Distribution) (RSMo § 452.330)
- What does a surviving spouse inherit without a will in Missouri?
- No children: Entire estate With children: The first $20,000 in value of the intestate estate, plus one-half of the balance of the intestate estate Stepchildren or children from a prior relationship: One-half of the intestate estate
- What is the elective share right in Missouri?
- One-half of the estate if there are no lineal descendants; one-third of the estate if there are lineal descendants Deadline: Within 10 days after the expiration of the time limited for contesting the will
- What is the small-estate threshold in Missouri?
- $40,000. Typical probate timeline: 6-12 months
- Does Missouri have estate tax or inheritance tax?
- Estate tax: No. Inheritance tax: No. Missouri does not have a state-level estate tax or inheritance tax.
- What deadlines matter most for widows in Missouri?
- Probate filing: Within one year of death; Elective share: Within 10 days after the time for contesting the will expires; Creditor claims: Six months from the date of the first publication of letters of administration.
- How is Missouri's family allowance calculated?
- The court may consider the applicant's previous standard of living, the condition of the estate, other income and assets, and current expenses. The award may be paid in a lump sum, installments, or estate property under RSMo 474.260.
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Missouri.
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