How is an estate distributed?

An estate is distributed according to the wishes expressed in the deceased person’s will. If there is no will, the estate is distributed according to Missouri laws of intestacy, which dictate how assets are to be distributed. In Missouri, the law generally states that a surviving spouse is entitled to the entire estate when the deceased person leaves no surviving children or grandchildren. If there are surviving children or grandchildren, the surviving spouse is entitled to one-third in personal property, or $20,000.00 in lieu of personal property, in addition to all homestead allowance which is set forth in the statute. This amount must be paid out before any other distributions. If there is no surviving spouse, the estate is divided among the deceased’s surviving children in equal shares. If there are no surviving children, then the deceased’s surviving parents, brothers and sisters, or other relatives are in line to receive a share of the estate, according to statute. When there are no surviving relatives, the estate will go to the State of Missouri per the statutes of descent and distribution. Before distributing the estate, however, the court must wait a certain period of time to allow any creditors to file a claim against the estate. The court will then approve or reject creditor claims before fully distributing the estate.

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