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Small Estate Affidavit in Missouri

How to collect a loved one's property in Missouri without full probate: the dollar limit, waiting period and official form.

Short answer: If the entire estate, less liens, debts and encumbrances, is $40,000 or less, a distributee (or the personal representative named in a will) may file a small estate affidavit with the probate division at least 30 days after death, if no application for letters is pending or granted. RSMo § 473.097

Small estate affidavitIf the entire estate, less liens, debts and encumbrances, is $40,000 or less, a distributee (or the personal representative named in a will) may file a small estate affidavit with the probate division at least 30 days after death, if no application for letters is pending or granted. A bond is generally required unless the court waives it. Real estate may pass this way; the affidavit and clerk's certificate are recorded with the recorder of deeds. If the property listed is over $15,000, the clerk publishes notice to creditors for two weeks.
Simplified probateRefusal of letters: the court may refuse letters when the estate does not exceed the exempt property and family allowances and the spouse or unmarried minor children apply, or, for a creditor (including someone who paid funeral expenses), when the personal estate is $15,000 or less and there is no surviving spouse or unmarried minor child. A bond is generally required unless waived.
Deadline for creditor claimsClaims must be filed in the probate division within 6 months after the first publication of notice of letters (or, for a creditor mailed or served notice, 2 months after mailing or service, whichever is later). Most claims are barred 1 year after death whether or not an estate is opened.

More Missouri estate law

FAQ

What is the small estate limit in Missouri?
If the entire estate, less liens, debts and encumbrances, is $40,000 or less, a distributee (or the personal representative named in a will) may file a small estate affidavit with the probate division at least 30 days after death, if no application for letters is pending or granted. A bond is generally required unless the court waives it. Real estate may pass this way; the affidavit and clerk's certificate are recorded with the recorder of deeds. If the property listed is over $15,000, the clerk publishes notice to creditors for two weeks.
Is there a simplified probate process in Missouri?
Refusal of letters: the court may refuse letters when the estate does not exceed the exempt property and family allowances and the spouse or unmarried minor children apply, or, for a creditor (including someone who paid funeral expenses), when the personal estate is $15,000 or less and there is no surviving spouse or unmarried minor child. A bond is generally required unless waived.
How long do creditors have to file claims against an estate in Missouri?
Claims must be filed in the probate division within 6 months after the first publication of notice of letters (or, for a creditor mailed or served notice, 2 months after mailing or service, whichever is later). Most claims are barred 1 year after death whether or not an estate is opened.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.