How Do I Claim a Small Estate in Missouri?
The Missouri small estate affidavit is a court-administered proceeding. Section 473.097 requires the affiant to swear that every debt, claim, and estate tax has been or will be paid — the affiant is personally liable up to the value of the property received — and to itemize and value the property and state exactly which items each person will receive. The court also requires a bond unless it dispenses with one, the clerk annexes a certificate to the affidavit, and the clerk publishes notice to creditors when the property exceeds $15,000. This tool does not produce a substitute; the affidavit is filed in the probate division of the circuit court.
The Missouri small-estate procedure
Filed in the probate division of the circuit court with the § 483.580 filing fee and, unless the court dispenses with it, a bond of not less than the value of the personal property conditioned on payment of the decedent's debts (§ 473.097.1(3)-(4)). The clerk annexes to or endorses on the affidavit a certificate showing the names and addresses of the persons entitled to the described property, reciting that the will has been probated or that no will was presented and that estate taxes, if any, are paid; copies of the affidavit and certificate are filed with and furnished by the clerk (§ 473.097.2-.3). If the property listed exceeds $15,000, the clerk causes a notice to creditors to be published once a week for two consecutive weeks (§ 473.097.5).
Frequently asked questions
The Missouri small estate affidavit is a court-administered proceeding. Section 473.097 requires the affiant to swear that every debt, claim, and estate tax has been or will be paid — the affiant is personally liable up to the value of the property received — and to itemize and value the property and state exactly which items each person will receive. The court also requires a bond unless it dispenses with one, the clerk annexes a certificate to the affidavit, and the clerk publishes notice to creditors when the property exceeds $15,000. This tool does not produce a substitute; the affidavit is filed in the probate division of the circuit court.
An estate of $40,000 or less, per Mo. Rev. Stat. § 473.097. The procedure is available 30 days after the death.
Filed in the probate division of the circuit court with the § 483.580 filing fee and, unless the court dispenses with it, a bond of not less than the value of the personal property conditioned on payment of the decedent's debts (§ 473.097.1(3)-(4)). The clerk annexes to or endorses on the affidavit a certificate showing the names and addresses of the persons entitled to the described property, reciting that the will has been probated or that no will was presented and that estate taxes, if any, are paid; copies of the affidavit and certificate are filed with and furnished by the clerk (§ 473.097.2-.3). If the property listed exceeds $15,000, the clerk causes a notice to creditors to be published once a week for two consecutive weeks (§ 473.097.5).
Mo. Rev. Stat. § 473.097.2(1)-(6) sets out what the affidavit must state: That the decedent left no will or, if the decedent left a will, that the will was presented for probate within the limitation periods specified in § 473.050; That all unpaid debts, claims or demands against the decedent or the decedent's estate and all estate taxes due, if any, on the property transfers involved have been or will be paid (the affiant's liability for unpaid claims is limited to the value of the property received); An itemized description and valuation of property of the decedent (excluding property held as tenant by the entirety or joint tenant at death); The names and addresses of persons having possession of the property; and 2 further required statements.
Upon compliance, the personal property and real estate involved may not thereafter be taken in execution for debts or claims against the decedent; compliance has the same effect in establishing the distributees' right to succeed to the property as if complete administration were had, without affecting secured creditors (§ 473.097.6). The affiant collects the property, liquidates it to the extent necessary to pay the decedent's debts, and distributes the remainder to the persons identified in the affidavit (§ 473.097.7).
Real property is INCLUDED: the estate may consist "of personal property or real property or both," and the $40,000 cap applies to the entire estate net of liens, debts, and encumbrances (§ 473.097.1). Distributees establish their right to succeed to the decedent's real estate by filing a copy of the affidavit and clerk's certificate with the recorder of deeds of each county where the real property is situated (§ 473.097.4).
