Laws
- Days After Death – The affiant must wait at least 30 days from the date of the decedent’s death before filing the form.[1]
- Maximum Amount ($) – After deducting liens, debt, and encumbrances, the value of the estate cannot exceed $40,000.[2]
- Publishing – If the value of the estate is more than $15,000, then the estate must pay for the court of clerk to publish a notice of the filing in a newspaper of general circulation in the county where the decedent resided.[3]
- Signing Requirements – Must be notarized.
- Statutes – Probate Code, Dispensing with Administration (§§ 473.090 through 473.107)
How to File (4 steps)
2. Assess Estate Value
Make a list of all the property to be distributed from the estate. Doing this will allow the affiant to see whether the estate qualifies for the affidavit process, and if it does, whether publication will be necessary; in some counties, it may also be necessary to file this accounting along with the affidavit. Missouri does allow real property to pass through the affidavit process, but it is generally necessary to obtain an official estimate of the value of real property, such as a statement from an appraiser or record from the county’s estate office.
3. Gather Documents
Numerous documents are required to be filed with the small estate form. These may include: a copy of the death certificate of the decedent; if the decedent had a will, a copy of the will, and proof that it has been filed with the local probate court; and signed statements of consent from heirs or beneficiaries agreeing to the small estate affidavit process.
4. File at the Probate Court
Fill out the affidavit, and file it along with the supporting documents at the probate court for the county in which the decedent resided. To find where this is, use the system’s Court Locator. Note that some counties in Missouri require that the petition be filed by an attorney.