Missouri Determination of Heirship
If a bank told you an account is frozen and didn't explain what that actually means, you're not stuck, and you're not the only one this has happened to. A probate attorney would typically charge $1,500–$4,200+ to walk you through exactly what Missouri law already lets you do yourself. This guide is $37, one-time, and covers the same ground — the eligibility rule, the official form, and what to say if a bank or clerk pushes back.
Missouri's determination of heirship — RSMo § 473.663, the court procedure Missouri's statutes provide for establishing who a decedent's heirs were, and the one a Missouri "affidavit of heirship" search usually points toward — lets an heir, or someone claiming through an heir, ask the probate division to decide who the decedent's heirs were and what each one's interest is in described property. It is available only when nobody opened an estate within a year of the death and no will was presented in time. There is no dollar cap, but there is a hearing, mailed notice, and four weeks of newspaper publication, and the decree is recorded in each county where land lies. This is informational only, written by researchers, not attorneys.
Last reviewed
Missouri has more than one probate-avoidance mechanism. See the Small Estate Affidavit guide instead →
- Built on the statutory requirements, not a guess
- Every claim cited to RSMo § 473.663
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- Money-back if the filing is rejected
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Why timing matters: The petition cannot be filed until a year has passed with no administration and no will presented. After that there is no statutory deadline, but the longer the record stays unsettled, the more the family tree has to be proved: each heir who dies in the meantime adds a branch, and the petition must name anyone claiming through an heir who died after the decedent (RSMo § 473.663.1(3)).
Missouri's Determination of Heirship — no dollar cap
Missouri's Determination of Heirship has no dollar ceiling — eligibility instead turns on the specific conditions RSMo § 473.663 sets out. There's no total to add up before you know whether it applies. Determination of Heirship is filed with the court, not handed directly to a bank or DMV. Missouri circuits' probate divisions publish their own petition forms and clerk's checklists for a determination of heirship; RSMo § 473.663.1 fixes what the petition must contain. See the how-to-file guide below for what the statute itself requires.
How to file, step by step
- 1
Confirm the one-year conditions
More than a year has passed since the death; nobody has commenced an administration on the estate; and no written will was presented for probate within the time RSMo § 473.050(3) allows. You must claim an interest in the property as an heir or through an heir.
- 2
Identify the property the petition is about
The decree runs only to the property the petition describes. List each piece of real property with its legal description and street address, and each item of personal property with identifying detail (VIN or serial number, last four digits of an account number), with its value — or state that the value is unknown.
- 3
Work out the heirs
Under RSMo § 474.010, a surviving spouse and children or their descendants come first, then parents and siblings and their descendants, and so on. List each heir's name, relationship, age and residence address, and anyone claiming through an heir who has since died, with that heir's date of death. For a minor heir, name who receives notice. View source →
- 4
Get your circuit's petition form and checklist
Use the probate division's current petition for determination of heirship (Sec. 473.663 RSMo), clerk's checklist, and filing instructions. Jackson County also asks for a proposed judgment that shows each heir's share.
- 5
Sign under oath and file
The petition is verified under the penalties of making a false affidavit or declaration (or notarized), and filed with the probate division of the circuit court that would have proper venue to administer the estate, with the filing fee your county sets.
- 6
Give notice as the court directs
After filing, the court sets a hearing. Notice goes by publication once a week for four consecutive weeks, the last insertion at least seven days before the hearing, and by registered or certified mail (or under § 472.100) to every named person whose address is known. File the affidavit of publication and mail receipts at least seven days before the hearing.
- 7
Prove the heirship at the hearing
Be ready to prove each line of descent. The court makes a decree determining who is entitled to the described property and their respective interests.
- 8
Record the decree for land
A certified copy of the decree is recorded, at your expense, with the recorder of deeds in each county where described real property is located.
- 9
Use the decree for what it does
The decree is conclusive evidence of the facts it determines against the parties to the proceeding. It establishes who the heirs are and their shares; it does not collect assets or pay debts. Property found later may need an amended petition.
What it actually looks like
Sample pages from the guide
Real pages from the Missouri guide PDF. Click any page to enlarge.
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Cover & key facts
Version, last-reviewed date, the statutory cap, and the disclaimer — all on page 1.
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Table of contents
Every section in the order you'll use it — the eligibility check, the form walkthrough, and the bank-refusal script.
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Plain-English glossary
Key terms translated for a non-attorney reader. The vocabulary the rest of the kit assumes.
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What it does, in plain English
The mechanism explained in plain language, cited to the statute, with your state's exact dollar cap built in.
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Citations index
Every operational claim sourced to the actual statute or official court/agency publication.
View page
Print-friendly, readable on a phone or tablet, and designed to be taken to the bank or clerk. Every operational claim cites the actual statute or official publication.
How this compares
Yes — the standard form Missouri families use is free (that's the Free standard form column below), though it isn't issued by the state itself. The $37 is for everything the free form leaves you to work out alone: the eligibility check, the filing sequence, and what to do when a bank, DMV, or clerk pushes back.
| This guide | Probate attorney | Free standard form | Doing nothing | |
|---|---|---|---|---|
| Cost | $37 | $1,500–4,200+ | $0 | Eventually full probate, if the estate is never settled |
| Time to filed | Same week to prepare; court approval timing varies by county | 2–6 weeks | If you can decode it alone | Not until you act |
| Bank/DMV/clerk pushback script | Yes | Sometimes | No | n/a |
| Statute citations | Yes | n/a | n/a | n/a |
| Delivery time | Instant download | After consult + retainer | Instant | n/a |
Attorney costs reflect typical Missouri probate-attorney retainers for this kind of filing.
The most-searched sticking point
What to do when a bank, DMV, or clerk pushes back
A court-filed process mostly slows or stalls on specific steps — a clearance, complete notice, a complete list of interested persons, an institution's follow-up request — not on a teller's unfamiliarity. The guide's Section 5 gives you what the statute or the court's instructions say about each of these:
- Clerk sends a deficiency notice and the case is at risk of dismissal
- The hearing cannot be set or is continued because notice was incomplete
- The petition is challenged because the family tree is incomplete or unproven
- A title company or lender asks for more than the decree
- More property is found after the decree
Each one has a specific script and statutory citation behind it — not just "you're right, they're wrong," but exactly what to say and what document to hand over. That's in the guide.
If a bank, DMV, title company, or court clerk rejects your filing for a reason traceable to following this guide, you get a full refund.
Email the stated rejection reason to support@estateaffidavitguide.com within 30 days of purchase and we refund the full purchase price within one business day. No phone tag, no forms, no fight. Not covered: an estate that turns out to be over the dollar limit, a dispute among heirs, or a missing document unrelated to the filing itself. Changed your mind for any other reason? You have 7 days, no questions asked. Full refund policy.
Avoid these
5 common reasons filings get rejected
An administration was commenced, or a will was presented, within the first year
The petitioner does not claim as an heir or through an heir
The petition is missing what the statute requires
Notice and publication were not completed
The decree was not recorded for land
Before you record the Missouri Determination of Heirship
The recorded filing isn't automatically the end of the story — a title company or other relying party can still ask for more. This free one-pager has the real scenarios that come up after recording and what resolves each, emailed now. We'll also send a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.
Questions
Frequently asked questions
What is a determination of heirship in Missouri?
Is a determination of heirship the same as an "affidavit of heirship"?
When can I use it?
Is there a dollar limit?
Does the person who died need to have been without a will?
Do I have to publish a notice if I'm the only heir?
How long does it take?
What does it cost?
Can I file it without a lawyer?
How is this different from the small estate affidavit?
Did title pass when the person died?
Which Missouri filing applies to my situation?
Does Missouri require a lawyer for these filings?
Ready to start?
$37, one time. Instant download. Money-back if your filing is rejected for a reason traceable to following the guide, or for any other reason within 7 days.
No waiting room, no retainer. Most of the remaining delay families hit is an avoidable rejection or a second trip back to the same bank, DMV, or clerk — this guide is built to help you avoid both on the first visit.
One last step — confirm below and it's instant from there.
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5 short, plain-English emails over the following weeks — the eligibility math, what to expect after the determination of heirship is recorded, why most rejections are paperwork not eligibility, and when to call an attorney instead. Then we stop. No ongoing newsletter, no sales list. Unsubscribe anytime.
Primary sources
State sources
Every claim here cites the actual statute or an official publication — see them
- Statute: RSMo § 473.663 . The primary source behind every requirement, cap, and deadline described above.