Settle a small estate in Missouri without probate

In Missouri this is called: Small estate affidavit (distribution of assets without letters); refusal of letters. If the estate, after subtracting debts and liens, is worth $40,000 or less, an heir can file a small estate affidavit with the probate clerk instead of opening a full probate case.

Up to $40,000, 30 days after the death, filed with a court.

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Checked against official sources: October 30, 2026.

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Free tools

Small estate checker

Add up the estate and compare it with the Missouri limit for the date of death.

Letter to a bank

Present your signed affidavit to a bank or other holder in Missouri.

Balance request letter

Ask a bank or holder for the balance on the date of death.

What-to-gather checklist

Papers, steps, forms and fees for Missouri, by procedure.

Car, bank, house in Missouri

Car or other vehicle

If the title names a transfer-on-death (TOD) beneficiary, the beneficiary applies for a new title with proof of death and the title.

Bank accounts

Money in a joint account with right of survivorship, or in an account with a payable-on-death (POD) beneficiary, passes to the co-owner or beneficiary at death; the bank pays it on proof of death.

House or land

An owner can sign a beneficiary deed that says it does not take effect until the owner's death. It must be signed and recorded with the recorder of deeds in the county where the land is before the owner dies.

Small estate affidavit (distribution of assets without letters, RSMo 473.097)

A sworn statement filed with the probate division of the circuit court. The clerk adds a certificate, and you then use the affidavit and certificate to collect the person's property, including real estate, without opening a full probate case.

Limit

Up to $40,000 Counted after subtracting liens (what is owed on the property).

The value of the entire estate, minus liens, debts and encumbrances, cannot be more than $40,000. If the property listed in the affidavit is worth more than $15,000, the clerk publishes a notice to creditors in a local newspaper once a week for two weeks.

What counts

The value of the person's entire estate, minus liens, debts and encumbrances. Property the person held as a joint tenant or as a tenant by the entirety is not listed as the person's property.

Waiting period

At least 30 days must have passed since the death, and no application for letters, for administration or for refusal of letters can be pending or granted.

Who can use it

The person named as personal representative in the will, if the will was presented for probate on time. Otherwise, any distributee (a person entitled to the property under the will or by law) may sign. The person who signs (the affiant) collects the property, pays the debts and hands the rest to the people named in the affidavit.

Court or where to file

The probate division of the circuit court (the clerk of the probate division).

Notary

The affidavit is signed under oath.

Papers to attach

Itemized list and value of the property
Names and addresses of whoever holds the property
Names, addresses and relationship of each person who will receive property
A bond approved by the judge or clerk, unless the court decides it is not needed
The filing fee and, when required, the newspaper publication cost
Death certificate (usually asked for by the clerk and by holders)

Steps

Wait at least 30 days after the death.
List every item of property, its value and who holds it, and who is entitled to it.
Sign the affidavit under oath and file it with the probate clerk, with the bond (unless waived) and the fee.
The clerk adds a certificate and publishes a notice to creditors if the property is worth more than $15,000.
Give certified copies of the affidavit and certificate to banks and other holders; record them with the recorder of deeds in each county with real estate.
Pay the debts from the property, then give the rest to the people named in the affidavit.

Fee

Court costs are set by Missouri Supreme Court rule and collected by the probate clerk. The statute lists $35 for the collection of a small estate before any court adjustment; ask the clerk for the current total. If the property is worth more than $15,000, you also pay the newspaper publication cost.

Debts and responsibility

The affiant must state that all debts, claims and estate taxes have been or will be paid, but the affiant's liability for unpaid claims is limited to the value of the property received. The bond protects creditors and the rightful heirs; claims against the sureties end unless started within two years after the bond is filed. In Missouri, claims against a person's estate are generally barred one year after the death.

What the bank or holder must do

Once the affidavit procedure is complete, it has the same effect in establishing the distributees' right to the property as if full administration had taken place, and the property cannot later be taken in execution for the person's debts (secured creditors keep their rights). The statute does not set a separate remedy against a holder who refuses.

Law: RSMo 473.097; RSMo 483.580; RSMo 488.012; RSMo 473.444

Source: Official page

Refusal of letters (order dispensing with administration, RSMo 473.090)

A short court order that says no probate case is needed. A surviving spouse or unmarried minor children can then collect the person's property, and record the order to take title to real estate, when the estate is no bigger than what the law sets aside for them.

Waiting period: The court may make the order at any time.
Who can use it: The surviving spouse or unmarried minor children (or someone on their behalf). A creditor, or a person who paid the funeral or other debts, can also apply when the personal estate is $15,000 or less and there is no spouse or unmarried minor child; a creditor must give a bond.
Court or where to file: The probate division of the circuit court.
Papers to attach: Proof of the value and nature of the estate
Death certificate (usually asked for by the court)
Bond, if the applicant is a creditor (the court may waive it)
Steps: Gather the value of every item the person owned.
Apply to the probate division and show the court the value of the estate.
If the court agrees, it orders that no letters be issued.
Use the order to collect personal property; record a certified copy with the recorder of deeds for real estate.
Fee: Court costs are set by Missouri Supreme Court rule. The statute lists $15 for an order refusing letters to a spouse or unmarried minor child and $30 for a certified copy before any court adjustment; ask the clerk for the current amounts.
Debts and responsibility: A spouse or minor children may keep what they receive. A creditor who receives property must use it to pay the person's debts in the order set by law and give any balance to the people entitled to it.

Law: RSMo 473.090, 473.091, 473.095, 474.250, 474.260

Source: Official page

What counts toward the limit in Missouri

Add up the value of everything the person owned, then subtract liens, debts and encumbrances. Leave out property the person held as a joint tenant or tenant by the entirety, and property that passed on death to a named beneficiary.

Law: RSMo 473.097, 461.028, 474.250

In this state the total is counted after subtracting liens.

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank accounts in the person's name alone, with no payable-on-death beneficiary, count. Law: RSMo 473.097
Joint or payable-on-death (POD) bank accounts	Left out	Joint accounts held with right of survivorship, and accounts with a payable-on-death (POD) beneficiary, are left out. They pass to the co-owner or beneficiary at death. Law: RSMo 473.097.2(3), 461.028
Cars and other vehicles	Counts	A car in the person's name alone counts unless it has a transfer-on-death beneficiary on the title. A surviving spouse or unmarried minor child can also take one car as exempt property through the Department of Revenue. Law: RSMo 473.097, 474.250, 301.681
Boats and mobile or manufactured homes	Counts	Boats and other titled property in the person's name alone count at their value, minus any lien. Law: RSMo 473.097
Real estate in Missouri	Counts	Real estate in the person's name alone counts at its value minus mortgages and liens. The affidavit can be used to transfer it. Law: RSMo 473.097.1, 473.097.4
Main home (primary residence)	Counts	The person's home counts like other real estate, at its value minus the mortgage, unless it passes by beneficiary deed or joint ownership. Law: RSMo 473.097
Real estate in another state	Not clear	Ask the probate clerk whether real estate in another state is included in the Missouri estate value. Law: RSMo 473.097
Unpaid wages owed to the person	Not clear	Ask the probate clerk how unpaid wages are treated. Law: RSMo 473.097
Military pay owed to the person	Not clear	Ask the probate clerk how military pay owed to the person is treated. Law: RSMo 473.097
Life insurance or retirement money paid to a named person	Left out	Life insurance, retirement accounts and other benefits paid directly to a named beneficiary go to that beneficiary and are left out. Law: RSMo 461.021, 461.028
Life insurance or retirement money paid to the estate	Counts	Life insurance or retirement money payable to the estate counts. Law: RSMo 473.097
Property in a living trust	Not clear	Ask the probate clerk how property held in a trust is treated. Law: RSMo 473.097
Property owned jointly with right of survivorship	Left out	Property the person held as a joint tenant or as a tenant by the entirety is not listed as the person's property. Law: RSMo 473.097.2(3)
Property going to a surviving spouse	Counts	Property in the person's name alone counts even if it will go to the spouse. A spouse or unmarried minor children may instead ask the court to refuse letters when the estate is no bigger than their exempt property and allowance. Law: RSMo 473.097, 473.090
Stocks, bonds and brokerage accounts	Counts	Stocks, bonds and brokerage accounts in the person's name alone count, unless they are registered with a transfer-on-death (TOD) beneficiary. Law: RSMo 473.097, 461.028
Furniture, jewelry and other belongings	Counts	Furniture, jewelry, tools and other belongings count at their value. Law: RSMo 473.097

Source: Official page

Car or vehicle title after a death in Missouri

If the title names a transfer-on-death (TOD) beneficiary, the beneficiary applies for a new title with proof of death and the title. Without a TOD beneficiary, a surviving spouse or unmarried minor child (under 18) can title one vehicle without a probate order using form 2305 (Affidavit to Establish Title to Exempt Property), signed and notarized, with form 108, the title, a copy of proof of death, the $8.50 title fee and $9 processing fee. Other heirs need letters from the court or a small estate certificate/affidavit, filed with form 108 and the title assigned by the person named in the court papers.

Law: RSMo 474.250, 301.681

Agency: Missouri Department of Revenue (DOR), Motor Vehicle Bureau
Form: Form 2305 Affidavit to Establish Title to Exempt Property (spouse or unmarried minor children)
Fee: Spouse or minor child with form 2305: $8.50 title fee plus $9 processing fee. With letters or a small estate certificate/affidavit: $17.50 for a motor vehicle or trailer title, per the DOR page. Sales tax is not due when the title goes to the administrator or as a qualifying gift.
Transfer-on-death title: A sole owner, or joint owners with right of survivorship, can ask DOR to issue the title in beneficiary form ("transfer on death to" or "TOD"). After the death, the beneficiary gets a new title on proof of death, surrender of the title and payment of the title fee.

Source: Official page

Bank accounts after a death in Missouri

Money in a joint account with right of survivorship, or in an account with a payable-on-death (POD) beneficiary, passes to the co-owner or beneficiary at death; the bank pays it on proof of death. For an account in the person's name alone, an heir can use the small estate affidavit filed with the probate clerk (after 30 days, estate of $40,000 or less net) and give the bank a certified copy with the clerk's certificate.

Law: RSMo 461.028, 473.097

Source: Official page

Transfer-on-death (TOD) and payable-on-death (POD) in Missouri

Real estate (TOD deed)

Yes · Beneficiary deed

Law: RSMo 461.025

Vehicle title (TOD)

Yes

Law: RSMo 301.681

Bank account (POD)

Yes

Law: RSMo 461.028

Securities (TOD)

Yes

Law: RSMo 461.028

Source: Official page

Surviving spouse in Missouri

A surviving spouse or unmarried minor children are entitled to exempt property regardless of value: the family bible and books, one car or pickup, clothing, household appliances, furniture and kitchen items. They may also ask the court for a support allowance for up to one year. If the whole estate is no bigger than these amounts, they can ask the probate division to refuse letters, and then collect the property and record the order for real estate without a probate case. A spouse or minor child can title one vehicle at the DOR with form 2305.

Debts of the person in Missouri

The person who signs the small estate affidavit must pay the person's debts from the property collected, and is liable only up to the value of the property received. Most claims against a Missouri estate are barred one year after the death. People who receive property outside probate (for example joint accounts or TOD and POD transfers) can be asked to pay a share of unpaid claims and family allowances in a court action started within 18 months after the death.

Medicaid estate recovery in Missouri

If the person had MO HealthNet (Medicaid), the state may claim repayment from the estate. MO HealthNet does not seek repayment if the person left a living spouse, a child under 21, or a blind or disabled child of any age, and it does not seek repayment for benefits received before age 55. To settle an estate, an Estate Notice form is sent to the Cost Recovery Unit; it answers whether a claim will be made or waived and sends a release letter. A probate estate of a person enrolled in MO HealthNet cannot be closed without that release. Under the probate law, a claim is not filed if collecting it would cost more than the claim or would hurt the support of the surviving spouse or dependents. The state may also file a lien on the home of a nursing home resident 55 or older.

Law: RSMo 473.398, 473.399, 461.300

Agency: MO HealthNet Division, Cost Recovery Unit (Missouri Department of Social Services)
Phone: 573-751-2005
Official page: Official page

Who inherits with no will in Missouri

If there is a spouse and no children or other descendants, the spouse gets everything. If all the children are also the spouse's children, the spouse gets the first $20,000 plus half of the rest, and the children share the other half. If some children are not the spouse's, the spouse gets half and the children share half. With no spouse, the children (or their descendants) share equally; if none, parents, brothers and sisters share equally, and so on to more distant relatives.

Law: RSMo 474.010

Source: Official page

Death certificates in Missouri

Mail-in orders must be notarized; walk-in applicants need a photo ID. The CDC Where to Write page lists $14 for the first copy and $11 for each extra copy ordered at the same time; the fee line is (573) 751-6387.

Where to get it: Missouri Department of Health and Senior Services, Bureau of Vital Records (also local county health departments)
Official page: Official page

Where to file in Missouri

The small estate affidavit and a petition for refusal of letters are filed with the probate division of the circuit court, usually in the county where the person lived. After the clerk certifies the small estate affidavit, you give certified copies to banks and other holders, and record a copy with the recorder of deeds in each county where the person owned real estate. Vehicle titles go through a Missouri license office or the DOR Motor Vehicle Bureau.

Good to know in Missouri

A small estate affidavit in Missouri is filed with the probate clerk and needs a bond unless the court waives it; if the property is worth more than $15,000, the clerk publishes a notice to creditors.
The Missouri affidavit can also transfer real estate: the distributees record the affidavit and the clerk's certificate with the recorder of deeds.
A surviving spouse or unmarried minor child can title one of the person's vehicles at the DOR without a probate order, using form 2305.

National rules that apply in every state

Federal estate tax

For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
Most estates owe no federal estate tax and do not need to file a federal estate tax return.

Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)

The final income tax return

Report all income up to the date of death and claim all eligible credits and deductions.
Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).

Law: Form 1310 instructions (Rev. December 2025)

Social Security retirement benefits are paid through the month before the month the person died.
If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.

Law: 42 U.S.C. 402(a), 402(i)

Savings bonds

If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.

Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)

Debts are generally paid from the money and property the person left (the estate).
If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.

Law: 12 CFR 1006.6(a)(4)

For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/

Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31

FDIC insurance on bank accounts

After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.

Law: 12 CFR 330.3(j)

Medicaid estate recovery

States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
The 'estate' includes at least the property in the person's probate estate under state law.
Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html

Law: 42 U.S.C. 1396p(b)

Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.

Free help in Missouri

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.

More help on our sister sites

Questions about small estates in Missouri

What is a small estate affidavit called in Missouri?

What is the small estate limit in Missouri?

Up to $40,000, 30 days after the death, filed with a court.

How long do I wait in Missouri?

At least 30 days must have passed since the death, and no application for letters, for administration or for refusal of letters can be pending or granted.

Do I have to go to court in Missouri?

The probate division of the circuit court (the clerk of the probate division).

How do I transfer a car after a death in Missouri?

What happens to a bank account after a death in Missouri?

Money in a joint account with right of survivorship, or in an account with a payable-on-death (POD) beneficiary, passes to the co-owner or beneficiary at death; the bank pays it on proof of death.

Who inherits in Missouri if there is no will?

Do I owe the person's debts in Missouri?

Sources

Settle a small estate in Missouri without probate

Free tools

Small estate checker

Letter to a bank

Balance request letter

What-to-gather checklist

Car, bank, house in Missouri

Car or other vehicle

Bank accounts

House or land

Related pages

Small estate affidavit (distribution of assets without letters, RSMo 473.097)

Refusal of letters (order dispensing with administration, RSMo 473.090)

What counts toward the limit in Missouri

Car or vehicle title after a death in Missouri

Bank accounts after a death in Missouri

Transfer-on-death (TOD) and payable-on-death (POD) in Missouri

Surviving spouse in Missouri

Debts of the person in Missouri

Medicaid estate recovery in Missouri

Who inherits with no will in Missouri

Death certificates in Missouri

Where to file in Missouri

Good to know in Missouri

National rules that apply in every state

Federal estate tax

The final income tax return

Social Security

Savings bonds

Debts

A house with a mortgage

FDIC insurance on bank accounts

Medicaid estate recovery

Death certificates

Free help in Missouri

More help on our sister sites

Questions about small estates in Missouri