Small estate affidavit in Missouri: who can use it and how

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

1. Wait at least 30 days after the death.
2. List every item of property, its value and who holds it, and who is entitled to it.
3. Sign the affidavit under oath and file it with the probate clerk, with the bond (unless waived) and the fee.
4. The clerk adds a certificate and publishes a notice to creditors if the property is worth more than $15,000.
5. 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.
6. 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