Small estate affidavit in Missouri: limit, waiting period, form and where to file
Missouri lets heirs collect a small estate with the Small Estate Affidavit instead of probate when the estate is under $40,000, at least 30 days have passed, and no probate has been opened. The affidavit is filed with the county court.
| Limit | $40,000 — ; a bond may be required when the estate exceeds $15,000 and there is no will |
|---|---|
| Waiting period | 30 days from the date of death |
| With a will? | Works with or without a will; the original will is filed with the affidavit. |
| Real estate? | Real estate can pass by affidavit only if the whole estate, including the real estate, stays under $40,000; otherwise probate. |
| Form | Small Estate Affidavit (RSMo §473.097) RSMo §473.097 |
| Where it goes | Filed with the county probate court, which issues certified copies for the bank |
| Signing | Filed with the Probate Division of the Circuit Court in the county where the person lived; the clerk issues certified copies the bank accepts; publication in a newspaper is required for estates over $15,000 |
Check whether your estate qualifies in Missouri
Missouri · six questions
Some states file with the county court; others never go to court — the affidavit goes straight to the bank or DMV. The county decides the office and the fee.
Bank accounts, vehicles, final paychecks, personal property. Leave out joint accounts, accounts with a named beneficiary, and life insurance — those pass without probate anyway.
Most states make you wait 10–45 days before the affidavit can be signed or filed.
Your next 60 days
What makes Missouri different
Missouri's affidavit is a court filing with two extra costs most people don't expect: a bond when the estate is over $15,000 without a will, and newspaper publication of notice to creditors over the same figure.
The clerk issues certified copies of the filed affidavit; that certified copy — not your notarized original — is what the bank wants.
St. Louis County's probate division posts separate with-will and without-will packets; Jackson County (Kansas City) accepts the same packets.
Missouri counties: office, fee, local form
The state sets the rule; the county sets the counter. These are the Missouri counties people ask about most:
≈ $75 filing fee + bond and publication when requiredMO · FILES WITH COURTJackson County small estate affidavitCircuit Court, Probate Division, 415 E 12th St, Kansas City
≈ $75MO · FILES WITH COURTSt. Charles County small estate affidavitCircuit Court, Probate Division, 300 N 2nd St, St. Charles
≈ $75MO · FILES WITH COURTJefferson County small estate affidavitCircuit Court, Probate Division, 300 Main St, Hillsboro
≈ $75
Step by step in Missouri
- Order certified death certificates. Five or more from the county vital records office; every holder keeps one.
- Inventory the estate. Everything in the person's sole name with no beneficiary. Compare the total to Missouri's limit ($40,000).
- Wait 30 days. Missouri requires 30 days from the date of death.
- Complete and sign the Missouri form. Small Estate Affidavit (RSMo §473.097). Filed with the Probate Division of the Circuit Court in the county where the person lived; the clerk issues certified copies the bank accepts; publication in a newspaper is required for estates over $15,000.
- File with the county court. The clerk issues certified copies; take one to each bank, the DMV and the employer.
- Pay debts, then distribute. Funeral and last medical bills first, then known creditors, then heirs as the statute directs. Keep receipts.
If the bank refuses
Missouri banks reject affidavits for the same four reasons as everywhere else: the branch doesn't know RSMo §473.097, the bank wants its own form as well, the waiting period was miscounted, or they want the court's certified copy rather than your original. Each has a fix that doesn't need a lawyer; the $49 packet includes the affidavit versions Bank of America, Chase, U.S. Bank and Wells Fargo use.
When Missouri requires probate instead
Over the limit, real estate the affidavit can't move, a dispute between heirs, or a creditor who won't accept the affidavit — any of these means a probate track: summary or formal administration. The checker above switches to a probate timeline when that's the case and can connect you with a probate attorney licensed in Missouri; the attorney pays the referral fee, you don't.
Common questions
What is the small estate limit in Missouri?
$40,000 — ; a bond may be required when the estate exceeds $15,000 and there is no will. Assets that pass outside probate (joint accounts, payable-on-death accounts, life insurance, trust assets) are not counted.
How long do I have to wait to file a small estate affidavit in Missouri?
30 days from the date of death. The affidavit is filed with the county court after that.
Does the Missouri small estate affidavit work if there is a will?
Works with or without a will; the original will is filed with the affidavit.
Can I use a small estate affidavit for a house in Missouri?
Real estate can pass by affidavit only if the whole estate, including the real estate, stays under $40,000; otherwise probate.
Do I need a lawyer for a small estate affidavit in Missouri?
No. The form is published by the state and completed by the heir. A lawyer is worth consulting when the estate is over the limit, when there's real estate the affidavit can't move, or when heirs disagree — the checker on this page flags each of those.
Which Missouri counties are covered?
St. Louis County, Jackson County, St. Charles County, Jefferson County. Each county page names the office, the fee and any local form requirement.
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