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Small estate affidavit in Missouri (2026)

In Missouri, heirs can collect up to $40,000 without probate with a sworn affidavit (Small estate affidavit (RSMo §473.097)). You must wait 30 days after the death. Real estate: can be included (see the rule). Last checked .

Missouri at a glance

Affidavit cap
$40,000
Value counted
Net value (after liens and encumbrances)
Waiting period
30 days
If there is a will
Special rule — see below
File with a court
Yes
Real estate
Can be included (see the rule)
Court shortcut
Refusal of letters (RSMo §473.090)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

  • In Missouri the affidavit (or a related form) must be filed with the court in some or all cases — see the rules.

Missouri cap for this date of death

$40,000

A worked example for Missouri

Say a parent who lived in Missouri died on March 1, 2026, leaving $32,000 in a bank account in their name only and no house. $32,000 is within the $40,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.

The rules in Missouri

  • The affidavit. A distributee (or the personal representative named in a probated will) files a sworn affidavit with the probate division of the circuit court. The clerk attaches a certificate, and the affiant uses it to collect the property, pay debts and distribute the rest. A copy is recorded to pass real estate.
  • Cap. The whole estate, after liens, debts and encumbrances, must be $40,000 or less (unchanged since 2002).
  • What counts. The entire estate, both personal and real property, less liens, debts and encumbrances.
  • What doesn't count. Property held as tenants by the entirety or joint tenants is not 'property of the decedent' for the affidavit.
  • Waiting period. Usable once 30 days have passed since the death.
  • Conditions. No application for letters, administration or refusal of letters may be pending or granted. If there is a will, it must have been presented for probate within the legal deadlines (§473.050). The affiant swears all debts and estate taxes have been or will be paid, and is liable for unpaid claims up to the value received. A bond at least equal to the personal property's value is required unless the court waives it. If the listed property is over $15,000, the clerk publishes a notice to creditors for two weeks.
  • Who can sign. The personal representative named in the will, if the will was presented for probate on time; otherwise any distributee entitled to property of the decedent.
  • Court filing. Filed with the probate division of the circuit court in the decedent's county. The clerk's certificate is attached to the affidavit and copies are issued by the clerk.
  • Fee. Probate court costs set under §483.580 (amount varies by court), plus publication costs when notice to creditors is required; bond premium if a bond is not waived.

Houses, land and vehicles

  • Real estate. The same affidavit covers real estate. Distributees record a copy of the affidavit and clerk's certificate with the recorder of deeds in each county where the land is.
  • Vehicles. A surviving spouse or unmarried minor child can title one vehicle without probate using Form 108 and an Affidavit to Establish Title to Exempt Property (Form 2305). Otherwise the Department of Revenue accepts letters or a small estate certificate/affidavit.

When the affidavit isn't enough

The probate court may refuse to grant letters when the estate is no larger than exempt property and the allowance for the surviving spouse or unmarried minor children. A creditor (including someone who paid the funeral) may also use it when the personal estate is $15,000 or less and there is no spouse or minor child; a bond is required unless waived. The court order lets the spouse, children or creditor collect property, and can be recorded for real estate.

Good to know in Missouri

  • Once the procedure is complete, the property can't be taken for the decedent's debts, but secured creditors keep their rights (§473.097.6).
  • The affiant must sell property as needed to pay debts; shares abate if assets fall short (§473.097.7).
  • There is no statewide form; circuit courts post their own (the forms link is the 13th Circuit's no-will version).

Official help and forms

Sources

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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