Elective Share in Missouri
State-specific overview · Estate & Probate
A surviving spouse receives one-half of the estate if there are no children, or one-third if children exist.
How Missouri treats Elective Share
Missouri grants the surviving spouse an elective share that depends on the presence of children. Without children, the surviving spouse may elect to receive one-half of the estate. With children, the surviving spouse receives one-third of the estate. The surviving spouse must affirmatively elect this share within a reasonable time after learning of the will's terms. Missouri's elective share protects against intentional disinheritance and applies to the probate estate.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Missouri.