Losing someone is hard enough without months of court proceedings. Missouri’s small estate affidavit offers a legitimate shortcut for families dealing with modest estates, allowing asset collection without opening formal probate. If your situation qualifies, this process can save significant time and money.
How Missouri’s Small Estate Affidavit Works
The small estate affidavit is authorized by RSMo §473.097. It allows an heir (the affiant) to collect probate assets when the net estate value after debts and liens is $40,000 or less, at least 30 days have passed since death, and no formal probate case has been filed. The affiant files the affidavit with the probate division of the circuit court in the county where the decedent lived or owned property. Assets can then be collected and distributed to heirs without court-supervised administration.
Who Qualifies and What’s Required
To use the small estate affidavit, the total net probate value must be $40,000 or less after debts; at least 30 days must have elapsed since death; no formal probate application can be pending; every unpaid debt and creditor must be listed; and every heir and beneficiary must be identified. The affiant signs under penalty of perjury. Missouri courts have clear expectations—cutting corners on any element can expose the affiant to personal liability.
Step-by-Step Process
Start by inventorying all probate assets and calculating net value after debts. Prepare the affidavit form (available from your county’s circuit court or an attorney)—it must typically be notarized. Gather supporting documents: certified death certificate, copy of the will (if any), proof of asset ownership, and valuation support. File the completed affidavit with the appropriate county probate court and pay the filing fee. Once the court approves, assets can be collected and distributed.
Common Mistakes and When to Get Help
Errors—undervaluing assets, missing creditors, wrong county, failure to notarize—can delay distribution or expose the affiant to liability. If there is any doubt about eligibility or asset valuation, an attorney review is worth the cost. Patrick Nolan of Nolan Law Firm in Kirksville, Missouri handles estate matters of all sizes. Learn more about Missouri probate avoidance strategies and estate and probate planning in Missouri. Contact us at nemolegal.com/contact or (660) 956-4502.
Frequently Asked Questions: Missouri Small Estate Affidavit
What is a small estate affidavit in Missouri?
A Missouri small estate affidavit (RSMo §473.097) allows heirs to collect a deceased person’s probate assets without opening a formal probate case, when the net estate value—after debts and liens—does not exceed $40,000. It can be filed at least 30 days after death and takes weeks rather than months to complete.
What is Missouri’s small estate dollar limit?
Missouri’s small estate threshold is $40,000 in net probate assets after deducting all debts, liens, and encumbrances. Assets that pass outside probate—joint tenancy property, TOD accounts, trust assets, life insurance with named beneficiaries—do not count toward this limit.
Who can file a Missouri small estate affidavit?
The affiant is typically a surviving spouse, adult child, parent, or the person named as personal representative in the will. At least 30 days must have passed since death, no formal probate can be pending anywhere, and all debts and heirs must be identified and listed in the affidavit.
How long does the Missouri small estate process take?
The Missouri small estate affidavit process typically takes a few weeks. After filing with the probate division of the circuit court in the decedent’s home county, court staff review the documents and the affiant can then collect and distribute assets to heirs.
Can a small estate affidavit be used with a will in Missouri?
Yes. A Missouri small estate affidavit can be used even when the decedent had a will, as long as the net probate estate is $40,000 or less and no formal probate has been opened. The will still controls distribution, but the affidavit replaces the full court administration process.
What are the risks of an incorrect Missouri small estate affidavit?
The affiant signs under penalty of perjury. Misrepresenting asset values, omitting creditors, or failing to identify all heirs can result in personal liability, civil claims from overlooked parties, and potential criminal exposure. Having an attorney review the affidavit before filing is advisable whenever asset values or family relationships are complex.
