Missouri Small Estate Affidavit Form

• Maximum Amount: $40,000, the value of the entire estate, less liens, debts, and encumbrances.^[1]
• Signing Requirements: A sworn affidavit, filed with a clerk’s certificate.^[2]
• Where to File: With the clerk of the probate division of the circuit court of the county where the decedent resided.^[3]
• When to File: 30 days after death.^[4]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[5]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives the entire estate if the decedent left no descendants. If all of the decedent’s descendants are also the spouse’s, the spouse receives the first $20,000 plus one-half of the rest. If the decedent left descendants from another relationship, the spouse receives one-half.^[6]
• No Spouse, Children: The share not passing to the spouse goes to the children equally, with a deceased child’s share passing to that child’s descendants. If there is no surviving spouse, the children take the entire estate.^[7]

Step 1 – Wait 30 Days

At least 30 days must pass after the decedent’s death before the affidavit may be used.^[8]

Step 2 – Confirm the Estate Qualifies

The value of the entire estate, less liens, debts, and encumbrances, must be $40,000 or less.^[9]

Step 3 – Prepare the Small Estate Affidavit

Obtain the affidavit, and list the assets, their values, the debts, and the distributees and their shares (by will, or by intestate succession under § 474.010).^[10][11]

Step 4 – File With the Probate Division

File the sworn affidavit with the clerk of the probate division of the circuit court, post any required bond, and (if the property exceeds $15,000) allow the clerk to publish notice to creditors.^[12]

Step 5 – Collect or Record

Use the certified affidavit and clerk’s certificate to collect the assets; for real property, record a certified copy with the recorder of deeds in each county where the real estate is located.^[13]