Missouri Small Estate Affidavit Checklist: How to File, Step by Step
Each Missouri circuit's probate division issues its own version of the Affidavit to Establish Title of Distributee — typically with an assets exhibit, an heirs exhibit, a confidential filing sheet and a bond-waiver form — while RSMo § 473.097.2 fixes what the affidavit must say. Either way, RSMo § 473.097 is what lists what a compliant filing must contain. Below is that requirement, explained in plain language and cited section by section. This is informational only and is not legal advice; we do not draft or individualize the filing.
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Each Missouri circuit's probate division issues its own version of the Affidavit to Establish Title of Distributee — typically with an assets exhibit, an heirs exhibit, a confidential filing sheet and a bond-waiver form — while RSMo § 473.097.2 fixes what the affidavit must say. Either way, RSMo § 473.097 is what sets out what a compliant filing must contain. Here is the full sequence, with the statutory fact behind each step.
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Check your circuit's rule on who may file
Call or check the probate division of the circuit court where the decedent lived. St. Louis County says an intestate small estate affidavit cannot be filed without an attorney; Jefferson County requires one for any estate over $15,000 or any estate with real property. If your circuit requires an attorney, the rest of these steps describe what the affidavit and the work around it must contain.
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Total the estate at net value
List everything the decedent owned in their own name — real and personal property — at value on the date of death. Subtract liens, debts and encumbrances. Do not count property held as a tenant by the entirety or as a joint tenant. The net figure must be $40,000 or less.
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Wait until 30 days after the death and confirm nothing else is pending
The affidavit can be made only thirty days or more after the death and only if no application for letters, administration or a refusal of letters is pending or has been granted for the decedent.
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Decide who signs and whether a will exists
With no will, any distributee entitled to receive property of the decedent may sign. With a will presented for probate within one year of death, the personal representative the will names signs, and the will is presented with the affidavit.
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Get your circuit's current packet
Download the affidavit, assets exhibit, heirs exhibit, bond-waiver form and checklist from your circuit's probate division page. Check the footer date.
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List the heirs-at-law
Missouri's descent rules (RSMo § 474.010) decide who takes without a will — a surviving spouse, then children or their descendants, then parents, siblings and further relatives. Circuit packets ask for each heir's name, address and relationship and whether a deceased heir left descendants. View source →
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Itemize the property and who holds it
Describe each asset (bank, last four digits of the account number, current balance; vehicle, VIN and value; real estate, full legal description, street address and value) and name each person or institution that has possession.
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Arrange the bond or its waiver
File a bond approved by the judge or clerk, or the waiver the court allows — consents from every adult competent heir, proof the funeral bill is paid, or a sole-heir request, depending on the circuit.
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Sign before a notary and file with the probate clerk
The affiant swears to the affidavit before a notary. File it with the probate division clerk with a certified death certificate, the exhibits, the bond or waiver, and the filing fee set by that county. No court hearing is held.
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Complete the creditor notice if the property exceeds $15,000
When the property listed is worth more than $15,000 the clerk causes a notice to creditors to be published once a week for two consecutive weeks in a qualified local newspaper; proof of publication is filed within ten days after publication ends. Some circuits waive publication when more than a year has passed since death.
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Take the certified copy to each holder, and record it for real estate
After the clerk issues the certificate, order certified copies. Present one to each bank or other holder, and record a copy of the affidavit and certificate with the recorder of deeds in each county where land is located.
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Collect, pay debts, and distribute
The affiant collects the property, liquidates as much as needed to pay the decedent's debts, and distributes the rest to the persons named in the affidavit. If the property cannot cover the debts, the heirs' shares abate in the order RSMo § 473.620 sets.
The step families get stuck on is presenting the completed filing to a bank, DMV, or title company — see also how long the whole process actually takes once the waiting period passes.
Who publishes the form, and what the statute requires
Each Missouri circuit's probate division issues its own version of the Affidavit to Establish Title of Distributee — typically with an assets exhibit, an heirs exhibit, a confidential filing sheet and a bond-waiver form — while RSMo § 473.097.2 fixes what the affidavit must say. Whichever version you use, the requirements above — read directly against RSMo § 473.097 — are what a compliant filing has to satisfy.
The step that isn't really paperwork
Presenting it to the bank, DMV, or title company is where families actually lose time — most front-line staff have never processed this kind of filing before. Free one-pager: what to bring and what to say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.