Missouri Small Estate Affidavit
In Missouri a distributee files a small estate affidavit with the probate division when the entire estate is $40,000 or less and 30 days have passed since death. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that lets a person entitled to a decedent's property collect it without a full probate administration. Missouri differs from states that let an heir present the affidavit straight to a bank: under Missouri Revised Statutes Section 473.097 the affidavit is filed with the clerk of the probate division of the circuit court, which then issues a certificate showing the persons entitled to the described property. The procedure is available only after 30 days have elapsed since the death, and only when the value of the entire estate, less liens, debt, and encumbrances, does not exceed $40,000 (Mo. Rev. Stat. Section 473.097). That $40,000 figure covers personal property or real property or both, so unlike many states Missouri counts real estate in the limit. When the value of the property listed is more than $15,000, a notice must be published once a week for two consecutive weeks. The affidavit is signed by the personal representative named in the decedent's will if a will has been presented for probate, otherwise by any distributee entitled to receive the property. DocDraft builds your Missouri small estate affidavit from your facts, with attorney review available before you file.
Key Things to Know
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A small estate affidavit is a sworn statement that lets a person entitled to a decedent's property collect it without a full probate administration, and in Missouri it is filed with the probate division of the circuit court rather than handed to a bank.
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The procedure is available only when the value of the entire estate, less liens, debt, and encumbrances, does not exceed $40,000 (Mo. Rev. Stat. Section 473.097).
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It may not be filed until at least 30 days have elapsed since the death of the decedent (Mo. Rev. Stat. Section 473.097).
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The $40,000 limit covers personal property or real property or both, so Missouri counts real estate toward the figure, unlike states whose small estate affidavit reaches only personal property.
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The affidavit is filed with the clerk of the probate division, which issues a certificate showing the persons entitled to the described property; asset holders release property on the strength of that certificate.
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When the value of the property listed in the affidavit is more than $15,000, a notice must be published once a week for two consecutive weeks in a newspaper of general circulation.
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The affidavit is signed by the personal representative named in the will if a will has been presented for probate, otherwise by any distributee entitled to receive the property (Mo. Rev. Stat. Section 473.097).
Key decisions before you file
Before you file a Small Estate Affidavit in Missouri, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
Open the Small Estate Affidavit guideCustomize your Small Estate Affidavit Template with DocDraft
Once your Small Estate Affidavit is ready, you can check whether it needs to be notarized in Missouri in about a minute, and notarize it online through DocDraft if it does.
Missouri Requirements for Small Estate Affidavit
In Missouri a small estate affidavit may not be filed until at least 30 days have elapsed since the death of the decedent (Mo. Rev. Stat. Section 473.097). The affidavit is then filed with the clerk of the probate division of the circuit court.
The procedure is available only when the value of the entire estate, less liens, debt, and encumbrances, does not exceed $40,000 (Mo. Rev. Stat. Section 473.097). The limit covers personal property or real property or both.
Unlike states whose small estate affidavit reaches only personal property, the Missouri $40,000 limit counts personal property or real property or both (Mo. Rev. Stat. Section 473.097), so a small parcel of real estate can be handled through the same affidavit.
The affidavit is filed in the office of the clerk of the probate division of the circuit court, which issues a certificate showing the persons entitled to the described property (Mo. Rev. Stat. Section 473.097). It is not presented directly to a bank first.
When the value of the property listed in the affidavit is more than $15,000, a notice must be published once a week for two consecutive weeks in a newspaper of general circulation, and proof of publication filed (Mo. Rev. Stat. Section 473.097). Listed value of $15,000 or less requires no publication.
The affidavit is signed by the personal representative named in the decedent's will if a will has been presented for probate, otherwise by any distributee entitled to receive the property (Mo. Rev. Stat. Section 473.097).
The certificate of the clerk is annexed to or endorsed on the affidavit, and proof of publication is required when the listed value exceeds $15,000 (Mo. Rev. Stat. Section 473.097). The certificate shows the names and addresses of the persons entitled to the described property.
Banks, employers, and other holders release the property on the strength of the court-issued certificate rather than on the affidavit alone. If the value is misstated or a will or other heir later surfaces, the distributee who received property can be called to account, so do not file if the facts are uncertain.
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Check my Small Estate AffidavitFrequently Asked Questions
It is a sworn statement that lets a person entitled to a decedent's property collect it without a full probate administration. Missouri handles it through the court: under Missouri Revised Statutes Section 473.097 the affidavit is filed with the clerk of the probate division, which issues a certificate showing who is entitled to the property. It is available when the entire estate is worth $40,000 or less and at least 30 days have passed since the death. It is usually the fastest, cheapest way to settle a small Missouri estate.
Full probate in Missouri appoints a personal representative who is supervised by the court for months while gathering assets, paying debts, and distributing what remains. The small estate affidavit under Mo. Rev. Stat. Section 473.097 is a lighter court process: the distributee files one affidavit, the clerk of the probate division issues a certificate, and property is released without a full administration. It is available only when the entire estate, after liens and debt, is worth $40,000 or less.
The value of the entire estate, less liens, debt, and encumbrances, must not exceed $40,000 (Mo. Rev. Stat. Section 473.097). Missouri counts personal property or real property or both toward that limit, so real estate is included in the figure. If the entire estate is worth more than $40,000, the affidavit is not available and the estate generally must go through a fuller probate administration instead.
At least 30 days must have elapsed since the death of the decedent before the affidavit may be filed (Mo. Rev. Stat. Section 473.097). The affidavit is then filed with the clerk of the probate division of the circuit court. Because Missouri routes the affidavit through the court rather than straight to a bank, the 30-day period runs before that filing, not before an out-of-court presentation.
The affidavit is filed in the office of the clerk of the probate division of the circuit court (Mo. Rev. Stat. Section 473.097). The clerk issues a certificate showing the names and addresses of the persons entitled to the described property, and the certificate is annexed to or endorsed on the affidavit. Banks, employers, and other holders then release the property on the strength of that court-issued certificate rather than on the affidavit alone.
When the value of the property listed in the affidavit is more than $15,000, a notice must be published once a week for two consecutive weeks in a newspaper of general circulation (Mo. Rev. Stat. Section 473.097). Proof of that publication is required. If the listed value is $15,000 or less, no publication is required, which makes the smallest Missouri estates the quickest to settle.
The affidavit is signed by the personal representative named in the decedent's will if a will has been presented for probate, otherwise by any distributee entitled to receive the property (Mo. Rev. Stat. Section 473.097). Unlike many states, the Missouri $40,000 limit covers personal property or real property or both, so a small parcel of real estate can be handled through the same affidavit rather than a separate procedure.
The affidavit is sworn and filed with the court, so it should never be filed when the facts are uncertain or the entire estate might exceed $40,000. If the value is misstated, or a will or other heir surfaces, the distributee who received property can be called to account. When an estate is near the $40,000 limit, includes real property, or has unpaid debts, it is worth confirming the right Missouri process before filing.