Small Estate Probate in Missouri

When a loved one leaves a modest estate, Missouri law offers a faster, lower-cost alternative to full probate. Legal Hero helps St. Louis area families use the small estate affidavit to collect and transfer assets with less time in court.

What Is a Small Estate Affidavit?

Under RSMo 473.097, a small estate affidavit lets an heir or beneficiary collect a decedent’s assets without opening a full probate estate. Once the probate court accepts it, the certified affidavit is presented to banks and other asset holders, who release the property to the person entitled to it.

Who Qualifies?

• The estate’s value, after liens and debts, is $40,000 or less.
• At least 30 days have passed since the date of death.
• No one has applied for, or been granted, letters testamentary or letters of administration.
• If there is a will, it is filed with the probate court.

How the Process Works

1. We confirm the estate qualifies and identify every heir or beneficiary.
2. We prepare the affidavit, listing each asset, its value and who holds it.
3. If the estate is over $15,000, a bond is usually required (or waived with the heirs’ consent) and a notice to creditors is published.
4. We file with the probate division and deliver the certified affidavit to each asset holder. For real estate, a certified copy is recorded with the county Recorder of Deeds.

Why Work With Legal Hero

Some courts, including St. Louis County, do not accept small estate affidavits filed without an attorney. We prepare and file the paperwork so the process is handled correctly the first time.