The small estate affidavit in Missouri

1. Distributees of an estate which consists of personal property or real property or both personal and real property have a defeasible right to the personal property, and are entitled to the real property of such estate … without awaiting the granting of letters testamentary or of administration, if all of the following conditions are met:

(1) The value of the entire estate, less liens, debt, and encumbrances, does not exceed forty thousand dollars;

(2) Thirty days have elapsed since the death of the decedent and no application for letters or for administration or for refusal of letters under section 473.090 is pending or has been granted

Missouri · general information · checked October 24, 2026 · RSMo §473.097.1(1)–(2)

1. Distributees of an estate which consists of personal property or real property or both personal and real property have a defeasible right to the personal property, and are entitled to the real property of such estate … without awaiting the granting of letters testamentary or of administration, if all of the following conditions are met:

(1) The value of the entire estate, less liens, debt, and encumbrances, does not exceed forty thousand dollars;

(2) Thirty days have elapsed since the death of the decedent and no application for letters or for administration or for refusal of letters under section 473.090 is pending or has been granted

the affidavit required by this section may be made by the person designated as personal representative under the will of the decedent, if a will has been presented for probate within the limitation periods specified in section 473.050, otherwise by any distributee entitled to receive property of the decedent any time after thirty days after decedent's death

(3) A bond, in an amount not less than the value of the personal property, approved by the judge or clerk of the probate division is filed by the person making the required affidavit

the court may dispense with the filing of a bond if it finds that the same is not necessary

(4) A fee, in the amount prescribed in subsection 1 of section 483.580

Missouri · general information · checked October 24, 2026 · RSMo §473.097.1(3)–(4), .2

the affidavit required by this section may be made by the person designated as personal representative under the will of the decedent, if a will has been presented for probate within the limitation periods specified in section 473.050, otherwise by any distributee entitled to receive property of the decedent any time after thirty days after decedent's death

(3) A bond, in an amount not less than the value of the personal property, approved by the judge or clerk of the probate division is filed by the person making the required affidavit

the court may dispense with the filing of a bond if it finds that the same is not necessary

(4) A fee, in the amount prescribed in subsection 1 of section 483.580

Missouri · general information · checked October 24, 2026 · RSMo §473.097.1(3)–(4), .2

3. A copy of the affidavit and certificate shall be filed in the office of the clerk of the probate division

The certificate of the clerk shall be annexed to or endorsed on the affidavit

4. The distributees mentioned in this section may establish their right to succeed to the real estate of the decedent by filing a copy of the foregoing affidavit and certificate of the clerk in the office of the recorder of deeds of each county where the real property is situated.

5. When the value of the property listed in the affidavit is more than fifteen thousand dollars, the clerk shall cause to be published … a notice to creditors

Missouri · general information · checked October 24, 2026 · RSMo §473.097.2–.5

the affidavit required by this section may be made by the person designated as personal representative under the will of the decedent, if a will has been presented for probate within the limitation periods specified in section 473.050, otherwise by any distributee entitled to receive property of the decedent any time after thirty days after decedent's death

(3) A bond, in an amount not less than the value of the personal property, approved by the judge or clerk of the probate division is filed by the person making the required affidavit

the court may dispense with the filing of a bond if it finds that the same is not necessary

(4) A fee, in the amount prescribed in subsection 1 of section 483.580

Missouri · general information · checked October 24, 2026 · RSMo §473.097.1(3)–(4), .2

1. Distributees of an estate which consists of personal property or real property or both personal and real property have a defeasible right to the personal property, and are entitled to the real property of such estate … without awaiting the granting of letters testamentary or of administration, if all of the following conditions are met:

(1) The value of the entire estate, less liens, debt, and encumbrances, does not exceed forty thousand dollars;

(2) Thirty days have elapsed since the death of the decedent and no application for letters or for administration or for refusal of letters under section 473.090 is pending or has been granted

3. A copy of the affidavit and certificate shall be filed in the office of the clerk of the probate division

The certificate of the clerk shall be annexed to or endorsed on the affidavit

4. The distributees mentioned in this section may establish their right to succeed to the real estate of the decedent by filing a copy of the foregoing affidavit and certificate of the clerk in the office of the recorder of deeds of each county where the real property is situated.

5. When the value of the property listed in the affidavit is more than fifteen thousand dollars, the clerk shall cause to be published … a notice to creditors

Missouri · general information · checked October 24, 2026 · RSMo §473.097.2–.5