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Spousal Elective Share Law in Missouri

In Missouri, a surviving spouse can elect to take one-half of the estate if there are no descendants, or one-third if there are, within 10 days after the time to contest the will runs out.

Last checked . General information, not legal advice.

Missouri at a glance

Elective share
1/2 without descendants, 1/3 with descendants
Taken in addition to exempt property and the family allowance, subject to payment of claims.
Deadline to elect
10 days after the will contest period ends
The will contest period ends 6 months after probate or after first publication of notice of letters, whichever is later.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Missouri

How much can a surviving spouse claim in Missouri if left out of the will?

Elective share in Missouri: 1/2 without descendants, 1/3 with descendants. Taken in addition to exempt property and the family allowance, subject to payment of claims.

What is the deadline to claim the elective share in Missouri?

Deadline to elect in Missouri: 10 days after the will contest period ends. The will contest period ends 6 months after probate or after first publication of notice of letters, whichever is later.

Is Missouri a community property state?

No. Community property state in Missouri: no. Not on the IRS list of community property states.

Where do the Missouri spousal elective share laws come from?

The rules above come from Mo. Rev. Stat. 474.160, Mo. Rev. Stat. 474.180 and Mo. Rev. Stat. 473.083. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.