Assess the estate’s value: Confirm that the total value of the estate does not exceed $40,000 and that no real estate is involved. Only estates meeting these criteria are eligible for the small estate affidavit process in Missouri.
- In Missouri, small estates worth more than $15,000 in assets are required to publish a notice in a local newspaper. This is done to inform any creditors and allow them to file a claim. Estates worth less than $15,000 skip this requirement.
Wait 30 days: Missouri law mandates that heirs must wait at least 30 days after the decedent’s death to file a small estate affidavit. This allows for any claims or disputes to be addressed.
Gather necessary documentation: Collect essential information and documents, including the death certificate, the value of their assets and details about heirs. This information is necessary for completing the affidavit forms.
Complete the affidavit form: Fill out the small estate affidavit form, ensuring all information is correct and complete. The affidavit must include a statement confirming that the estate qualifies under Missouri’s small estate laws, as well as a declaration that no other person has a superior right to the assets.
Have the affidavit notarized: The affidavit must be signed in the presence of a notary public.
File the affidavit: Submit the completed and notarized affidavit to the appropriate probate court in the county where the decedent lived. Once filed and approved, the affidavit can be used to collect and transfer the assets listed. When the affidavit is presented to an entity such as a bank, it will then release the assets to the person named in the affidavit.