Detailed Answer
In Missouri, you may use a Small Estate Affidavit when the decedent’s personal property does not exceed $40,000 (exclusive of exempt property) under RSMo § 473.033. This process lets heirs collect assets without formal probate. To complete the affidavit correctly, gather the following documents:
1. Certified Copy of the Death Certificate
Obtain an official, certified death certificate from the Missouri Department of Health and Senior Services or the local registrar. See RSMo § 474.180 for requirements. Most institutions require this certified copy to release assets.
2. Completed Small Estate Affidavit Form
Use a form that meets RSMo § 473.033. You can draft your own or obtain a template from the circuit clerk’s office. The form must include:
- Decedent’s name, date of death, and last address
- Value and description of each personal asset
- Statement that total personal property value ≤ $40,000
- Names, addresses, and relationships of heirs
Link to statute: RSMo § 473.033.
3. Proof of Identity and Heirship
The affiant (person signing the affidavit) must provide a government-issued photo ID (driver license or passport). To show heirship, include marriage certificates, birth certificates, or court-issued family records.
4. Documentation for Each Asset
Include records that verify ownership and value:
- Bank and brokerage account statements (dated close to date of death)
- Letters or affidavits from banks or financial institutions
- Vehicle titles or registration documents
- Life insurance policies or annuity contracts with beneficiary designations
- Any other personal property titles (e.g., boats, motorcycles)
5. Notarized Signature
The affiant must sign the Small Estate Affidavit before a Missouri notary public. The notary’s seal and signature complete the process.
Helpful Hints
- Verify the total value of personal assets does not exceed $40,000 to qualify under RSMo § 473.033.
- Order multiple certified death certificates—most banks require one per account.
- Double-check all dates, names, and property descriptions for consistency.
- Keep originals of your supporting documents and submit certified copies with the affidavit.
- File the affidavit with each institution holding assets (banks, title companies).
- Retain proof of filing or delivery—certified mail receipts or court stamps.
Disclaimer: This article provides general information about Missouri law and is not legal advice. Consult a licensed attorney to address your specific situation.