MO estate risk
Complexity triggers in Missouri
Scenarios that increase estate risk, such as blended families or multi-state property.
Missouri allows a surviving spouse to elect against the will and provides a separate homestead allowance.
At a glance
Key takeaways
- A surviving spouse may elect a statutory share of the estate in lieu of the will’s provisions, with the share depending on whether descendants survive.
- A homestead allowance is available to the spouse (or minor children) and is exempt from most claims.
Questions to consider
Questions to consider in Missouri
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Missouri allows a surviving spouse to elect against the will and provides a separate homestead allowance.
- A surviving spouse may elect a statutory share of the estate in lieu of the will’s provisions, with the share depending on whether descendants survive.
- A homestead allowance is available to the spouse (or minor children) and is exempt from most claims.
Sources
- https://law.justia.com/codes/missouri/2022/title-xxx/chapter-474/section-474-160/
- https://law.justia.com/codes/missouri/2022/title-xxx/chapter-474/section-474-290/
Background sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Missouri.
Optional next steps
Continue with related estate-risk context
Educational resources only. No forms and no legal advice.
Understand death-risk context for Missouri
LifeRiskIQ gives broader mortality context that can help frame when estate planning becomes more urgent.
Understand retirement-risk context for Missouri
RetirementRiskIQ explains how asset growth and longevity can increase estate complexity over time.
Review federal estate tax basics
IRS guidance on federal estate tax thresholds, filings, and definitions.