Assets going to an estranged relative
Intestate succession follows a fixed order that may send assets to an estranged relative instead of a close friend or the people you intended to help.
Estate Planning
Last Will & Testament
Make sure your wishes are honored, your family is protected, and the right people are in charge when it matters most.
A will is the clearest statement you can make about what you want to happen after you're gone. Without one, Missouri law decides who gets your assets, who raises your children, and who handles your estate - and that decision may not match your wishes. A properly drafted will puts you in control.
Schedule a Consultation →What a will actually does
A last will and testament is a legal document that directs what happens to your property, who raises your children, and who manages your estate after you die. Without one, Missouri's intestate succession laws take over - and the result may not reflect your wishes at all. A will lets you name your beneficiaries, specify what each person receives, and appoint an executor to carry out your instructions. If you have minor children, it's also the only legal way to name a guardian for them. What a will does not do: it doesn't avoid probate, it doesn't cover assets with named beneficiaries (like life insurance or retirement accounts), and it doesn't protect you during incapacity. For those needs, a trust or powers of attorney may be a better fit.
- Who inherits your property and in what shares
- Who serves as guardian for minor children
- Who acts as executor (personal representative) to manage your estate
- Specific bequests (a piece of jewelry, a vehicle, a sum of money)
- Whether assets go outright or in trust for young beneficiaries
- Charitable gifts from your estate
What Happens Without a Will
In Missouri, a will must go through probate court before your estate is distributed. That process is public - anyone can look up what you owned and who received it. It typically takes six months to a year, and court and attorney fees come out of the estate before your beneficiaries receive anything. For many families, probate is manageable. For others - especially those with real estate in multiple states, blended families, or a desire for privacy - it's a significant burden that a revocable trust can avoid entirely. Missouri's intestate succession laws determine who inherits your estate - in a fixed order that doesn't account for your relationships, your intentions, or your family's circumstances. Your spouse and children share the estate according to a formula. An unmarried partner receives nothing. A stepchild you raised receives nothing. A sibling you've been estranged from for decades may inherit alongside your children. Beyond the assets, a court will appoint a guardian for your minor children if you haven't named one. That decision is made by a judge who doesn't know your family.
A court-appointed guardian
If you have not named a guardian, a court may appoint someone you would not have chosen to raise your minor children.
Your unmarried partner receiving nothing
Missouri intestate succession does not automatically provide an inheritance for an unmarried partner.
Stepchildren being excluded
A stepchild you raised may receive nothing under intestate succession, even when that relationship is central to your family.
Family conflict and an executor you did not choose
Without clear instructions, family members may fight over specific items while an executor you did not choose manages the estate.
Common Questions
Common questions
When is a will the right choice?
A will is often the right starting point for younger families, people early in their asset-building years, or anyone who wants a straightforward plan without the upfront cost of a trust.
Does a will avoid probate?
No. A will must go through Missouri probate court before assets are distributed. Probate is public, can take six months to a year, and involves court and attorney fees. If avoiding probate is a priority, a revocable living trust is typically the better tool.
Can I write my own will?
Technically yes, but DIY wills frequently have errors that make them invalid or create unintended results. A properly drafted will costs far less than the legal fees your family may face trying to sort out a problem after you're gone.
When should I update my will?
After any major life change - marriage, divorce, a new child, a death in the family, or a significant change in assets. We recommend reviewing your estate plan every 3-5 years even if nothing has changed.
Do I need a will if I have a trust?
Yes. A "pour-over will" works alongside your trust to catch any assets that weren't transferred into the trust during your lifetime. It also lets you name a guardian for minor children, which a trust cannot do.
What is the difference between a will and a trust?
A will takes effect at death and goes through probate. A trust takes effect immediately, avoids probate, and can also manage assets during incapacity. Many families use both. Our Wills vs. Trusts guide walks through the tradeoffs in detail.
Ready to put a plan in place?
Schedule a free consultation. We'll talk through your situation, answer your questions, and help you understand your options - no pressure, no obligation.
Schedule a Free Consultation →Read our complete Wills guide →