What rights do I have as a surviving spouse in Missouri when my spouse died without a will?

Short answer: If your spouse died without a will (intestate) in Missouri, you are one of the primary heirs and have the right to participate in probate and estate administration. You can petition the probate court to be appointed the estate’s personal representative (administrator), demand inventory and accounting of estate assets, and seek legal relief if family members are excluding you or wrongfully handling estate property. This article explains how to protect your rights, what to expect under Missouri law, and practical next steps.

Disclaimer

This article is for general information only and is not legal advice. For advice about your specific situation, consult a licensed Missouri attorney who handles probate and estate matters.

Detailed answer — your legal rights and how to enforce them

1. You are a statutory heir under Missouri law

When someone dies intestate in Missouri, state law determines who inherits. As a surviving spouse, you are among the first people entitled to inherit under Missouri’s descent and distribution rules. The exact share depends on whether the decedent left surviving children, parents, or other relatives.

For the statutory rules on descent and distribution, see the Missouri Revised Statutes — Chapter on Descent and Distribution: RSMo Chapter 474 (Descent and Distribution).

2. You can (and should) participate in probate

Probate is the court process that identifies the decedent’s assets, pays valid debts, and distributes the remainder to heirs. If someone else (a family member) has opened probate without including you, you still have the right to participate. If probate has not been opened, you can file a petition in the county probate or circuit court where the decedent lived to open the estate and ask to be appointed the administrator (sometimes called the personal representative).

3. Priority to serve as personal representative

Missouri law gives priority to certain persons to serve as the estate’s personal representative. As a surviving spouse, you generally have strong standing to be appointed administrator. If a family member was appointed but is excluding you or mismanaging assets, you may petition the court to remove or replace that administrator for cause (misconduct, conflict of interest, failure to account, waste, or inability to perform duties).

4. Rights to information, inventory, and accounting

Once an estate is opened, the personal representative must identify assets and provide required reports. As an interested person (an heir and spouse), you can request:

A certified copy of the petition and letters of administration.
An inventory of estate assets.
Accountings showing receipts, expenditures, creditor payments, and distributions.

If the personal representative refuses, you can ask the probate court to order production or to compel an accounting.

5. Protection against wrongful possession or dissipation of assets

If family members are taking money, transferring real estate, emptying bank accounts, or otherwise disposing of estate property without authority, you can ask the court for emergency relief. Remedies can include temporary injunctions, an order freezing assets, or expedited appointment of an administrator to protect estate property.

6. Special short procedures and allowances

Missouri law provides certain protections for a surviving spouse and minor children such as:

Exempt property and family allowances (to support the surviving spouse during administration).
Small-estate procedures in limited situations to transfer personal property without full probate (subject to statutory thresholds and rules).

These rules can affect how and when you can take possession of certain household items or receive funds for immediate needs.

7. What to do if family members cut you out of decisions

Confirm whether probate has been opened and who is the personal representative. Request copies of probate filings from the local court clerk.
If probate has not been opened, file (or ask a lawyer to file) a petition for appointment of administrator in the probate division of the circuit court in the county where the decedent lived.
If someone has been appointed and you believe they are excluding you or mismanaging assets, file a motion with the court asking to compel an accounting, to remove the existing administrator, or for emergency relief (asset freeze or injunction).
Gather documentation proving your marriage (marriage certificate), identity, and any information about assets (bank statements, titles, deeds, life insurance beneficiary designations).
Consider hiring a probate attorney promptly if the estate has significant assets, if there is suspected conversion of property, or if the family is actively resisting.

Practical steps — a checklist to protect your rights

Obtain certified copies of the death certificate (multiple copies will be useful).
Get a certified copy of your marriage certificate and any proof of cohabitation or joint accounts.
Contact banks and financial institutions where you know accounts existed. Inform them of the death and ask what documents they need to release funds.
Check whether any beneficiary designations (life insurance, retirement accounts) exist — those pass outside probate if a beneficiary is named.
Visit the probate court clerk in the county where your spouse lived to learn if an estate case exists and to obtain copies of filings.
Document any wrongful actions by family members (dates, what was taken, witnesses). This will help if you must seek emergency court relief.

When you should consider hiring a lawyer

Consider speaking with a Missouri probate attorney if:

The estate is large or complex.
Family members are distributing assets outside of court or preventing you from participating.
There are allegations of fraud, asset transfer to avoid creditors, or suspected concealment of assets.
You need help filing for appointment as administrator, asking the court to remove someone, or obtaining emergency relief.

How long does probate take?

Timelines vary. Simple estates may resolve in a few months; contested estates or those with creditor issues can take a year or more. Acting quickly preserves your rights and prevents disappearance of assets.

Helpful hints

Act quickly. Probate is time-sensitive and delays let others make irreversible moves.
Preserve evidence. Keep copies of bank notices, deeds, communications with family members, and receipts you find.
Be suspicious of informal transfers. If a family member claims the decedent gave them items verbally, a court will weigh evidence. Strong written documentation matters.
Check beneficiary designations. Some assets (retirement accounts, life insurance) pass to named beneficiaries outside probate and may not follow intestacy rules.
Use certified death certificates. Banks and title companies typically require certified copies before releasing funds or transferring property.
Look for short-form probate options for small estates if the estate qualifies — this can be faster and cheaper than full probate.
Contact the probate court clerk for basic procedural information. Clerks cannot give legal advice but can tell you whether a case exists and what forms are filed.

Where to find Missouri statutes and court information

Descent and distribution statutes (intestacy rules) are found in the Missouri Revised Statutes, Chapter on Descent and Distribution: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474.

Final notes

If family members are excluding you from decisions after your spouse died without a will, you have rights under Missouri law. You can participate in probate, petition for appointment as administrator, demand accountings, and ask the court for orders to protect estate assets. The sooner you act — by gathering documents, checking probate records, and, if needed, consulting a probate attorney — the better your chances of preserving your rights and the estate’s value.