When a person is married, many expect that their spouse will be protected if something happens to them. Many also assume that their spouse would be the primary or sole legal heir in the event of their own death. However, these expectations and assumptions are often incorrect. In estate planning, assumptions can lead to confusion—or worse, unintended consequences.
Whether you’re creating your first will or trust, or reviewing an older estate plan, understanding spousal inheritance rights under Missouri law is an essential step in protecting your marriage, your assets, and your family.
At The Piatchek Law Firm in Springfield, Missouri, we help married couples across the Ozark make thoughtful, practical decisions about their future. We also regularly help unmarried couples in committed, long term relationships with estate planning. This article aims to e provide information on the rights which married couples have under Missouri law. Whether you are currently married, or perhaps thinking about getting married, Here’s what every couple should know about spousal rights in estate planning.
What Are Spousal Inheritance Rights in Missouri?
In Missouri, the law provides certain protections for surviving spouses—whether or not a will exists. These spousal inheritance rights are designed to prevent a surviving husband or wife from being completely disinherited or left without support.
Even if a spouse is left out of a will—or receives less than expected—Missouri law allows them to take action to claim a certain share of the estate. However, these rights don’t automatically cover every situation, and they must be exercised within a certain time after death. That’s why proper estate planning is so important, even for married couples.
The Elective Share: A Spouse’s Right to Claim
Missouri law gives surviving spouses the right to claim what’s known as the elective share. This means that even if a will leaves them little or nothing, the surviving spouse can choose to take a portion of the estate as set forth by Missouri Law.
Here’s how it works:
- The elective share is one-half of the estate if the deceased spouse had no children or descendants.
- If the deceased spouse was survived by children or descendants, the elective share is one-third of the estate.
- The claim must be filed in probate court within a strict deadline– generally the same amount of time that a person has to contest a Will generally, which is usually 6 months after the Will has been admitted into evidence or the probate case has been published, whichever is later.
This law is especially important in second marriages, blended families, or situations where one spouse brings significantly more assets into the marriage.
Rights to the Home and Personal Property
In addition to the elective share, Missouri offers other protections for surviving spouses:
Exempt Property
Missouri law allows a surviving spouse (and unmarried, minor children) to claim “exempt property” which is described as follows:
The family bible and other books, one automobile or other passenger motor vehicle, including a pickup truck, with its means of propulsion, all wearing apparel of the family, all household electrical appliances, all household musical and other amusement instruments and all household and kitchen furniture, appliances, utensils and implements.
One Year Support Allowance
Missouri law also allows a surviving spouse a reasonable, one-year support allowance from the estate. There is no set statutory amount for this support allowance, and it can vary depending on the support provided to the surviving spouse by the deceased spouse. A one year support allowance must be applied for within a certain time frame, and these rights exist regardless of whether the deceased had a Will.
Homestead Allowance
A surviving spouse (or unmarried, surviving minor children) has the right to petition the Probate Court for the “Homestead Allowance”. This allowance does not necessarily have much to do with ownership of the home, or the right to stay in the home, but allows the spouse a certain amount of the estate. This is usually only of any importance if the decedent had adult children who survived in addition to the decedent’s spouse. If the surviving spouse applies for this allowance, the amount cannot exceed the lesser of the following:
- fifty percent (50%) of the value of the estate (not including the exempt property and the one year support allowance), or
- fifteen thousand dollars ($15,000).
The homestead allowance is exempt from any and all claims against the estate that may be made by creditors. Additionally, the homestead allowance shall be offset against the share to which the surviving spouse (or any minor child) who receives it is entitled as an heir of the estate, but the allowance shall not be diminished if it is greater than the distributive share. The allowance may consist, in whole or in part, of money, real estate, or personal property.
Joint Property and Beneficiary Designations Matter
Not all property passes through a deceased person’s Will, or through Probate. Many assets may transfer to a surviving spouse through joint ownershipor due to a spouse being named as beneficiary, Transfer on Death Designee, or Payable on Death designee.. Such items might include
- Joint bank accounts owned by husband and wife
- Real estate deeded into the name of husband and wife (tenants by the entirety)
- Life insurance policies naming spouse as beneficiary
- Retirement accounts (401(k), IRA, etc.) naming spouse as beneficiary
- Any other assets owned as husband and wife
- Other assets owned by the deceased spouse, naming the surviving spouse as beneficiary
If your beneficiary designations don’t match your will—or if property is titled incorrectly—it can lead to confusion or unintended results. That’s why it’s important to review all of your documents together as part of a full estate plan.
Estate Planning Tools That Support Spousal Rights
Spousal inheritance rights provide a legal safety net—but proactive planning creates a clearer, more secure path for your loved ones. Here are a few tools that strengthen a surviving spouse’s position:
- Wills: Ensure your spouse inherits exactly what you intend, whether that is “everything”, or is specific property or financial accounts. Keep in mind that under Missouri Law, Spouses do not automatically inherit everything if the deceased party had children. However, a Will can leave anything or everything to a spouse, depending on the will maker’s intent.
- Trusts: Avoid probate and provide flexibility for blended families or long-term asset management.
- Powers of Attorney: Allow your spouse to handle financial or healthcare decisions if you are unable or unwilling.
- Beneficiary Designations: Ensure retirement accounts, life insurance, financial accounts, bank accounts, vehicles go to a surviving spouse.
- Prenuptial/Postnuptial Agreements: Clearly define expectations and protect both parties, especially in second marriages or when significant assets are involved.
Why Married Couples Still Need an Estate Plan
It’s a common myth that “everything just goes to the spouse.” While Missouri law does offer certain protections, relying on those protections alone can leave your family vulnerable—especially if:
- There are children from a previous relationship
- Only one spouse owns most of the assets
- The estate includes significant debt or complex property
- Beneficiary designations are outdated
- There’s no clear plan for incapacity or medical decisions
Without a proper estate plan, your spouse could end up facing court delays, legal fees, or even disputes with other family members. To reiterate, if you don’t have a Will or other planning done, Missouri Law DOES NOT automatically leave everything to the spouse when the deceased party also had children.
Protect Your Spouse with Confidence
Your marriage deserves the peace of mind that comes with good planning. Missouri law does offer important spousal inheritance rights, but the best way to protect your loved one is with a plan built around your real-life situation—not assumptions.
Whether you’re just getting started or need to update an older plan, we’re here to help.
If you have questions about this issue, a estate planning attorney in Springfield, MO can help you understand the legal risks and the best path forward.
Call The Piatchek Law Firm at 417-882-5858 to schedule your consultation, or visit our Springfield office in the Woodhurst Office Park. We’re proud to serve the Ozarks with clear answers, practical solutions, and a strong commitment to the families who live here.
