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 affidavit | 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. Source: RSMo § 473.097 |
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| Simplified probate | 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. Source: RSMo § 473.090 |
| Deadline for creditor claims | 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. Source: RSMo §§ 473.360, 473.444 |
More Missouri estate law
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- How to Make a Valid Will in Missouri
- How Probate Works in Missouri
- Living Wills and Advance Directives in Missouri
- Revocable Living Trusts in Missouri
- Executor Duties in Missouri
- Letters Testamentary in Missouri
- Affidavit of Heirship in Missouri
- How to Avoid Probate in Missouri
- Transferring a Car After Someone Dies in Missouri
- All Missouri wills, probate and estate rules
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.