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Disclaimer: This article provides general information about Missouri law and is not legal advice.

Detailed Answer

Under Missouri law, an heir or personal representative may collect the decedent’s personal property valued at $40,000 or less without formal probate by filing an affidavit in lieu of administration. This streamlined process, authorized by Mo. Rev. Stat. §473.033, allows you to demand release of funds and assets from banks, credit unions, and other holders.

Steps to Validate the Affidavit

1. Prepare the Statutory Affidavit
   • Use the form prescribed by statute or include these elements: decedent’s full name, date of death, last Missouri domicile, affiant’s identity and relationship, description and total value of personal property (excluding motor vehicles).
2. Attach a Certified Death Certificate
   • Obtain a certified copy from the Missouri Department of Health and Senior Services.
3. Swear Under Oath Before a Missouri Notary
   • Appear in person before a notary public or other officer authorized to administer oaths under Mo. Rev. Stat. §492.010. Sign and date the affidavit in their presence.
4. File with the Circuit Court Clerk
   • Submit the original affidavit and certified death certificate in the circuit court of the county where the decedent last resided. The clerk will file-stamp, docket, and certify your affidavit.
5. Observe the 30-Day Waiting Period
   • Missouri law mandates a 30-day waiting period from the filing date for potential creditor claims (§473.033.3).
6. Present the Certified Copy to Property Holders
   • Request a certified copy of your filed affidavit from the circuit clerk. Deliver it to banks or other custodians to demand release of the decedent’s personal property.

Key Statutory References

• Mo. Rev. Stat. §473.033 — Affidavit for Collection of Personal Property of Decedent
• Mo. Rev. Stat. §492.010 — Oaths and Affirmations

Helpful Hints

• Verify that total estate value (excluding motor vehicles) does not exceed $40,000.
• Use a separate process under Mo. Rev. Stat. §301.047 for motor vehicles.
• Retain copies of all filed documents and proof of service.
• Confirm the decedent’s last Missouri county of residence before filing.
• Consult an attorney if the estate exceeds statutory limits or involves complex assets.