Determination of Heirship vs. Full Probate in Missouri: Which Applies?
A determination of heirship is not an alternative to collecting an estate: it only establishes who the heirs were and their shares in the property the petition describes (RSMo § 473.663). It is available only after a year has passed with no administration and no will presented; before that, the heirs are determined in the estate itself. To collect a bank account and pay debts under a dollar cap, the small estate affidavit (§ 473.097) is the route for an estate of $40,000 or less after liens, debts and encumbrances; above that, a full administration under Chapter 473 is needed, and after a year letters of administration generally cannot be sought (§ 473.050.6). This is informational only and is not legal advice.
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What makes Determination of Heirship different from full probate
A determination of heirship is not an alternative to collecting an estate: it only establishes who the heirs were and their shares in the property the petition describes (RSMo § 473.663). It is available only after a year has passed with no administration and no will presented; before that, the heirs are determined in the estate itself. To collect a bank account and pay debts under a dollar cap, the small estate affidavit (§ 473.097) is the route for an estate of $40,000 or less after liens, debts and encumbrances; above that, a full administration under Chapter 473 is needed, and after a year letters of administration generally cannot be sought (§ 473.050.6).
When this route is not the one that applies
- Someone opened an estate or presented a will within the first year. The statute applies only when no administration was commenced within one year and no will was presented for probate in time. If either happened, the heirs are determined inside that proceeding.
- The goal is to collect property and pay debts, not to establish heirs. The decree identifies heirs and shares; it does not collect assets, liquidate them, or pay creditors. That is the job of the small estate affidavit (for an estate of $40,000 or less net) or an administration.
Why it's worth checking first: choosing the wrong route costs filing fees and weeks of notice and hearing time. Confirm which route's conditions your facts meet before filing — see what qualifies for Determination of Heirship in Missouri.
Once you know which route applies, here's the next snag
Whichever route fits, the notice, clearance, and follow-up steps are where families lose time. Free one-pager: what to have ready at each step, emailed now. Then a few short follow-ups over the next few weeks — then we stop.