Missouri Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   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.

2. 2

   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).

3. 3

   It may not be filed until at least 30 days have elapsed since the death of the decedent (Mo. Rev. Stat. Section 473.097).

4. 4

   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.

5. 5

   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.

6. 6

   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.

7. 7

   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).

Missouri Requirements for Small Estate Affidavit

• 30-Day Waiting Period

  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.

• $40,000 Whole-Estate Limit

  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.

• Covers Personal or Real Property

  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.

• Filed With the Probate Division

  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.

• Published Notice Above $15,000

  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.

• Who May File the Affidavit

  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).

• Clerk's Certificate and Proof of Publication

  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.

• Using the Certificate to Collect 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.