Affidavit of Heirship in Missouri

When a loved one dies owning real estate and no probate was ever opened, the property can be stuck in their name. An affidavit of heirship is often the simplest way to show who inherited it, so the heirs can sell, refinance or keep the property with clear title.

What Is an Affidavit of Heirship?

It is a sworn, notarized statement that identifies the decedent’s heirs under Missouri law and describes the property. It is recorded with the Recorder of Deeds in the county where the property is located, not filed with the probate court.

When It Is Typically Used

• The estate consists of real estate only.
• More than one year has passed since the date of death.
• No probate administration was opened and no will was filed with the court.

How Legal Hero Helps

1. We review the family tree and confirm who the legal heirs are under Missouri intestacy law (RSMo 474.010).
2. We check whether the title company involved will accept an affidavit, or whether a court order is needed.
3. We prepare the affidavit with the property’s legal description, arrange signatures and notarization, and record it.

When an Affidavit Isn’t Enough

If there are other assets, missing or disputed heirs, or a title company requires a court order, a Petition to Determine Heirs may be the better route.