Quick answer
If you are trying to use Missouri’s small‑estate process, the first step is to confirm the statutory monetary threshold and then add up what counts as the decedent’s personal property (bank account balances that are part of the estate). Under Missouri law, the small‑estate affidavit applies only when the total value of the decedent’s personal property subject to administration does not exceed the statutory limit. See Mo. Rev. Stat. § 473.033 for the current rules and how to proceed: https://revisor.mo.gov/main/OneSection.aspx?section=473.033.
Detailed answer — how to determine whether a bank account is within the small‑estate limit
Missouri’s small‑estate process lets eligible successors collect certain types of personal property without full probate. To determine whether a particular bank account is covered, follow these steps.
1. Confirm the current statutory dollar limit
Start by reading the statute that authorizes the small‑estate affidavit. The text and dollar amount are on the Missouri Revisor of Statutes site: Mo. Rev. Stat. § 473.033. The limit set in that statute determines whether the estate qualifies.
2. Identify which accounts and assets count toward the limit
Not every bank balance is part of the decedent’s estate for this purpose. Common rules:
- Accounts titled solely in the decedent’s name (no payable‑on‑death (POD) or beneficiary designation, and not joint) are usually included.
- Accounts with valid POD or beneficiary designations usually pass directly to the named beneficiary and are not part of the probate estate (so they typically do not count toward the small‑estate total).
- Joint accounts with rights of survivorship normally pass to the surviving joint owner and usually are not included.
- Accounts that the bank treats as belonging to the estate or that have liens/overdrafts may require special handling and could affect the net value available.
3. Gather documentation from the bank
Contact the bank(s) and request:
- Recent account statements showing the balance at date of death and current balance.
- Account agreements and titles showing whether the account is joint, POD, or has a beneficiary designation.
- The bank’s policy about paying out on a small‑estate affidavit (some banks accept the statutory affidavit; others have additional forms or requirements).
4. Calculate the estate’s personal‑property total
Add up only those items the statute treats as personal property subject to collection by an affidavit. Typical inclusions are:
- Cash and checking/savings account balances that are probate assets.
- Personal property and household goods.
- Stocks or investments that are part of the probate estate (unless they transfer by beneficiary designation).
Do not include assets that bypass probate (POD, payable‑through beneficiaries, some retirement accounts with beneficiaries, jointly owned property with rights of survivorship). Subtract validated debts or liens only if the statute requires or if you are calculating the net estate for another purpose — read § 473.033 carefully or ask the probate court how they interpret the statute.
5. Watch for timing rules and who may use the affidavit
The statute sets out when an affidavit can be used and who may present it. Read the statute for timing (for example, some processes require waiting a short period after death) and who qualifies to sign and present the affidavit. Refer to: Mo. Rev. Stat. § 473.033.
6. Example (hypothetical)
Example: Mary died owning a sole‑title checking account with $15,000 and a joint savings account with her sister (joint account balance $10,000). Mary named no POD beneficiaries. The joint account usually passes to the sister and does not count toward Mary’s probate estate. Only Mary’s sole‑title checking ($15,000) counts toward the small‑estate total. If the statutory limit (see § 473.033) is higher than $15,000, a successor may be able to use the small‑estate affidavit to collect that checking account.
Where to get authoritative answers
- Read the statute directly: Mo. Rev. Stat. § 473.033.
- Contact the probate court in the county where the decedent lived. Court staff can often explain whether an affidavit is appropriate and whether you have the documents required.
- Ask the bank what documentation they require to release funds using a small‑estate affidavit.
- Consider a short consult with a Missouri probate attorney if the estate’s status is unclear (for example, if there are mixed asset types, debts, or disputes).
Helpful Hints
- Collect original death certificate(s); banks and courts almost always require one or more certified copies.
- Request account statements covering the date of death and current balances. The date‑of‑death balance can determine the amount that counts.
- Ask specifically whether each account is titled as sole, joint, or POD/beneficiary — that determines whether it’s part of the probate estate.
- Don’t assume joint accounts or beneficiary designations are invalid. Banks usually follow the title/beneficiary designation unless successfully challenged in court.
- Keep records of all communications with banks and courts (who you spoke with, date, and what they said or sent you).
- If the estate is close to the statutory limit, consider whether any deductible debts or funeral expenses affect the net collectible amount — ask the probate court for guidance.
- Different banks have different internal policies about accepting small‑estate affidavits. Even if the estate qualifies under Missouri law, a bank may have procedural requirements you must meet.
Disclaimer
This article explains general information about Missouri small‑estate procedures and how to determine whether bank accounts count toward the statutory limit. This is not legal advice and does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Missouri attorney or contact the probate court in the county where the decedent lived.