When someone dies without a will, their property gets split among relatives. If all the relatives are the same distance from the deceased (like all grandchildren), each person gets an equal share. But if some of those relatives have already died and left their own kids behind, those kids split only what their parent would have gotten — not an equal share with everyone else.
474.020. Lineals take and , when. — When several , all of equal degree of to the , or his father, mother, brothers and sisters, or his grandfathers, grandmothers, uncles and aunts, or any living and their children, come into , they shall take per capita, that is, by persons; where a part of them are dead, and part living, and the of those dead have a right to partition, such issue shall take per stirpes; that is, the share of the parent.
(RSMo 1939 § 310, A.L. 1955 p. 385 § 237)
Prior revisions: 1929 § 310; 1919 § 307; 1909 § 336
Tap any gold-underlined word to see what it means.
Related Missouri laws
Failure to survive decedent by 120 hours deemed predecease of decedent
RSMo 474.015
General rules of descent
RSMo 474.010
Partial intestacy
RSMo 474.030
Collaterals of half blood inherit, how
RSMo 474.040
Posthumous children to inherit
RSMo 474.050
Determination of relationship of parent and child
RSMo 474.060
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.