Missouri Bank Account After Death

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

Do bank accounts count toward the small estate limit?

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

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.

FDIC insurance after a death

After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured. After six months, coverage is based on who actually owns the money.

Law: 12 CFR 330.3(j)

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

Bank account (POD)

Yes

Law: RSMo 461.028

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

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.

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

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.

Letters to a bank

Use the free tools below to ask a bank for the balance on the date of death or to present a signed small estate affidavit.

Related pages

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.