474.010. General rules of descent. — All property as to which any decedent dies intestate shall descend and be distributed, subject to the payment of claims, as follows:
(1) The surviving spouse shall receive:
(a) The entire intestate estate if there is no surviving issue of the decedent;
(b) The first twenty thousand dollars in value of the intestate estate, plus one-half of the balance of the intestate estate, if there are surviving issue, all of whom are also issue of the surviving spouse;
(c) One-half of the intestate estate if there are surviving issue, one or more of whom are not issue of the surviving spouse;
(2) The part not distributable to the surviving spouse, or the entire intestate property, if there is no surviving spouse, shall descend and be distributed as follows:
(a) To the decedent's children, or their descendants, in equal parts;
(b) If there are no children, or their descendants, then to the decedent's father, mother, brothers and sisters or their descendants in equal parts;
(c) If there are no children, or their descendants, father, mother, brother or sister, or their descendants, then to the grandfathers, grandmothers, uncles and aunts or their descendants in equal parts;
(d) If there are no children or their descendants, father, mother, brother, sister, or their descendants, grandfather, grandmother, uncles, aunts, nor their descendants, then to the great-grandfathers, great-grandmothers, or their descendants, in equal parts; and so on, in other cases without end, passing to the nearest lineal ancestors and their children, or their descendants, in equal parts; provided, however, that collateral relatives, that is, relatives who are neither ancestors nor descendants of the decedent, may not inherit unless they are related to the decedent at least as closely as the ninth degree, the degree of kinship being computed according to the rules of the civil law; that is, by counting upward from the decedent to the nearest common ancestor, and then downward to the relative, the degree of kinship being the sum of these two counts, so that brothers are related in the second degree;
(3) If there is no surviving spouse or kindred of the decedent entitled to inherit, the whole shall go to the kindred of the predeceased spouse who, at the time of the spouse's death, was married to the decedent, in like course as if such predeceased spouse had survived the decedent and then died entitled to the property, and if there is more than one such predeceased spouse, then to go in equal shares to the kindred of each predeceased spouse;
(4) If no person is entitled to inherit as provided in this section the property shall escheat as provided by law.
Notes of Decisions
Cited in
81
cases (
8 in the last 5 years), 1957–2025 · leading case:
In re Brockmire, 424 S.W.3d 445 (Mo. 2014).
In re Brockmire, 424 S.W.3d 445 (Mo. 2014).
· cites it 41× “When a person dies without a will, the person’s estate is distributed according to the provisions of sections 474.010 to 474.060. Where there is no surviving spouse, section 474.”
White v. Mulvania, 575 S.W.2d 184 (Mo. 1978).
· cites it 4× “See § 474.010(3) RSMo 1969 which provides as follows: "If there is no surviving spouse or kindred of the decedent entitled to inherit, the whole shall go to the kindred of the wife or husband of the decedent, in like course as if such wife or husband had survived the decedent…”
Taylor v. Taylor, 47 S.W.3d 377 (Mo. Ct. App. 2001).
· cites it 4× “(c) That the Respondent waive[s] any claim he may have now or in the future to inherit or receive monies from the estates of Stephanie Marie Taylor and Joseph Lee Taylor and specifically renounces any rights that he may have pursuant to § 474.010, RSMo. A Commissioner 1 of the…”
Brug v. Mfrs. Bank & Trust Co., 461 S.W.2d 269 (Mo. 1970).
· cites it 13× “The only point properly preserved for appellate review is that the court erred in permitting proponents to read in evidence the statute of descent and distribution, § 474.010, RSMo 1959, V.A.M.S., [1] and in admitting in evidence for the jury's consideration the statute relating…”
Thomas v. Higginbotham, 318 S.W.2d 234 (Mo. 1958).
· cites it 7× “And see Section 474.010 RSMo 1949, V.A.M.S., Laws 1955, pp.”
Mullins v. Est. of Corbin, 66 S.W.3d 84 (Mo. Ct. App. 2001).
· cites it 4× “See § 474.010 (setting forth the priorities as to intestate succession).”
Theodore Short Trust v. Fuller, 7 S.W.3d 482 (Mo. Ct. App. 1999).
· cites it 5× “See §§ 474.010(1) and (2), RSMo 1969. That portion of the resulting trust distributable to Theodore under the provisions of section 474.”
JAS Apts., Inc. v. Naji, 354 S.W.3d 175 (Mo. 2011).
· cites it 2× “A spouse, however, has statutory rights, such as the right of descent provided in § 474.010, RSMo 2000. See Reinheimer v. Rhedans, 327 S.”
Bosworth v. Sewell, 918 S.W.2d 773 (Mo. 1996).
· cites it 2× “§ 474.010(2)(c), RSMo 1994. We do not address their standing to contest the will.”
Est. of Dugger v. Dugger, 110 S.W.3d 423 (Mo. Ct. App. 2003).
· cites it 4× “The trial court further ordered, adjudged and decreed, in pertinent part, that Russel “died intestate with respect to the 214 acre farm;” and that Dorothy was “entitled to one-half of the intestate estate that is the 214 acre farm as the surviving spouse pursuant to § 474.010…”
Est. of Ferguson v. Conklin, 723 S.W.2d 24 (Mo. Ct. App. 1986).
· cites it 12× “The whole bloods acknowledge that § 474.010 4 defines the manner in which the property of an intestate decedent descends and is distributed, and that subsection 2(c) operates to identify the whole bloods and half bloods delineated as the Ferguson heirs entitled to share the…”
Dewoskin v. Brady (In Re Hydraulic Indus. Prods., Co.), 101 B.R. 107 (Bankr. E.D. Mo. 1989).
· cites it 4× “The Plaintiff has not provided any authority to support the position that the canon law method should be used notwithstanding the otherwise clear language of the statute.”
— Mo. Rev. Stat. § 474.010(1) — 5 cases
In re Brockmire, 424 S.W.3d 445 (Mo. 2014).
“When a person dies without a will, the person’s estate is distributed according to the provisions of sections 474.010 to 474.060. Where there is no surviving spouse, section 474.”
Theodore Short Trust v. Fuller, 7 S.W.3d 482 (Mo. Ct. App. 1999).
“See §§ 474.010(1) and (2), RSMo 1969. That portion of the resulting trust distributable to Theodore under the provisions of section 474.”
Thomas v. Higginbotham, 318 S.W.2d 234 (Mo. 1958).
“And see Section 474.010 RSMo 1949, V.A.M.S., Laws 1955, pp.”
— Mo. Rev. Stat. § 474.010(1)(c) — 1 case
— Mo. Rev. Stat. § 474.010(15) — 1 case
— Mo. Rev. Stat. § 474.010(2) — 7 cases
In re Brockmire, 424 S.W.3d 445 (Mo. 2014).
“When a person dies without a will, the person’s estate is distributed according to the provisions of sections 474.010 to 474.060. Where there is no surviving spouse, section 474.”
— Mo. Rev. Stat. § 474.010(2)(a) — 6 cases
In re Brockmire, 424 S.W.3d 445 (Mo. 2014).
“When a person dies without a will, the person’s estate is distributed according to the provisions of sections 474.010 to 474.060. Where there is no surviving spouse, section 474.”
Theodore Short Trust v. Fuller, 7 S.W.3d 482 (Mo. Ct. App. 1999).
“See §§ 474.010(1) and (2), RSMo 1969. That portion of the resulting trust distributable to Theodore under the provisions of section 474.”
— Mo. Rev. Stat. § 474.010(2)(b) — 2 cases
— Mo. Rev. Stat. § 474.010(2)(c) — 6 cases
Bosworth v. Sewell, 918 S.W.2d 773 (Mo. 1996).
“§ 474.010(2)(c), RSMo 1994. We do not address their standing to contest the will.”
— Mo. Rev. Stat. § 474.010(2)(d) — 1 case
— Mo. Rev. Stat. § 474.010(3) — 2 cases
White v. Mulvania, 575 S.W.2d 184 (Mo. 1978).
“See § 474.010(3) RSMo 1969 which provides as follows: "If there is no surviving spouse or kindred of the decedent entitled to inherit, the whole shall go to the kindred of the wife or husband of the decedent, in like course as if such wife or husband had survived the decedent…”
— Mo. Rev. Stat. § 474.010(l)(a) — 2 cases
— Mo. Rev. Stat. § 474.010(l)(d) — 2 cases
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