Detailed Answer
If a person dies intestate (without a will) in Missouri and real property needs to pass to heirs, an affidavit of heirship can clear title without full probate. An affidavit of heirship is a sworn statement by disinterested witnesses detailing the decedent’s family tree, property ownership, and absence of a will. While Missouri law does not prescribe a specific heirship affidavit form, courts and title companies generally accept a well-drafted document following this outline.
1. Confirm Eligibility
• The decedent died domiciled in Missouri with no surviving will.
• No probate administration is open or planned.
• The property is unencumbered by liens requiring probate resolution.
2. Gather Essential Information
You’ll need:
• Decedent’s full name, date of death, and last residence.
• Legal description of the real estate (from the deed).
• Names, addresses, and relationships of all statutory heirs under Missouri’s intestacy laws (RSMo § 474.220).
• Proof there is no will (e.g., affidavit from the county probate clerk).
• Certified copy of the death certificate.
3. Select Disinterested Witnesses
Missouri practice requires two credible, disinterested witnesses (they must not inherit). Witnesses should know the family history and be available to swear under oath to the facts.
4. Draft the Affidavit of Heirship
Use a clear, numbered format. Typical sections include:
1. Affiant’s background (name, address, relation to decedent).
2. Decedent’s identity and date of death.
3. Statement that no probate is pending.
4. Description of the property by legal description and parcel number.
5. List of all heirs, their relationships, and shares under RSMo § 474.220.
6. Declaration of no other claims or wills.
7. Signature block for the affiant and two witnesses, each with notary acknowledgment.
5. Notarize and Record
• Have the affiant and witnesses sign before a notary public.
• File the original affidavit with the Recorder of Deeds in the county where the property lies.
• Pay the applicable recording fees.
6. Use of Missouri Small Estate Affidavit for Personal Property
For personal property under $40,000, you can use the Small Estate Affidavit under RSMo § 473.033. This affidavit cannot transfer real estate but simplifies collecting bank accounts and personal assets.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney before filing legal documents.
Helpful Hints
- Verify the decedent had no will by checking with the probate office.
- Use certified copies of vital records to avoid challenges.
- Confirm witness eligibility—heirs cannot serve.
- Review local Recorder of Deeds requirements for formatting.
- Keep a stamped, recorded copy for future title transfers.