Detailed Answer
Short answer: For a Missouri small estate affidavit (used to collect a decedent’s personal property without full probate), list property that was owned solely by the decedent at death and that is collectible by the estate. Do not list property that passes automatically to someone else by joint ownership, beneficiary designation, or statute. If you are unsure, include the asset with an explanation and documentation, or check with the probate office before using the affidavit.
This answer explains which assets to include, which to omit or mark zero, how to value items, and practical steps to reduce risk. This is general information only — not legal advice.
What the small estate affidavit is for
Missouri provides a simplified procedure to collect certain personal property of a decedent without formal probate. It is typically limited to personal property (bank accounts, vehicles, household goods, certain debts owed to the decedent) and often cannot be used to transfer real estate or assets that require separate statutory procedures. Because rules vary by type of asset and by institution, careful identification is essential.
Which assets you should list
- Assets in the decedent’s sole name at the time of death (bank accounts, cash, certificates of deposit, personal property, business accounts that are solely in the decedent’s name) — if the institution recognizes the affidavit to release funds or property.
- Vehicles titled solely in the decedent’s name when the Missouri Department of Revenue or county office accepts the affidavit for title transfer — verify local DMV requirements.
- Accounts or items payable to the estate (for example, life insurance or retirement accounts that name the estate as beneficiary) — these are estate assets and should be listed.
- Receivables owed to the decedent (for example, notes, unpaid wages, refunds) that the affiant intends to collect on behalf of the estate.
Which assets you should generally omit or not list as estate assets
- Jointly owned property with right of survivorship (joint bank accounts, jointly titled real estate or vehicles) usually passes directly to the surviving joint owner and is not estate property.
- Accounts or policies with designated beneficiaries (payable-on-death, transfer-on-death, life insurance, retirement accounts with named beneficiaries) generally pass outside the estate to the named beneficiary.
- Property held in trust or owned by a corporation/LLC in which the decedent did not own the asset directly — these typically require separate procedures.
- Real estate that is not specifically subject to the small estate collection procedure — most real property will require probate, a transfer-on-death deed, or another specific statutory mechanism.
When people put “zero” and when not to
- Do not put zero for an asset that you know exists and has value. If you list an item, give the best reasonable estimate of fair market value and explain how you arrived at that number.
- If you are sure an asset has no value or has been extinguished (for example, a debt that was already paid or a worthless personal item), you can indicate $0 but attach documentation or a clear explanation.
- If you don’t know the value, do not put zero. Instead, write “unknown — estimate $X” or attach supporting documents (statements, appraisals) and state that the value is an estimate.
- For amounts held by institutions (banks, brokerage firms), check recent statements and use the balance as of date of death or as of the date the institution requires.
Practical consequences of incorrect listing
Misstating assets can cause delays, rejected affidavits, returned transfers, or personal liability for the person who signed the affidavit if the transfer was improper. Conservatively include anything that might be estate property, or consult the probate clerk or an attorney before relying on an affidavit to move property.
Step-by-step checklist to decide what to list
- Gather documents: death certificate, will, account statements, titles, deeds, insurance policies, retirement account statements, and any trust documents.
- Check ownership and beneficiary designations: look at how accounts and property were titled on the date of death and whether beneficiaries are named.
- Separate property that passes automatically (joint tenants, TOD/POD, beneficiary-designated assets) from property that became part of the decedent’s estate.
- Determine whether each estate asset is a type usually collectible via Missouri’s small estate affidavit (personal property and certain accounts). For property that may need formal probate (most real estate), do not rely on the affidavit alone.
- Estimate values using statements, appraisals, or market comparisons and document how you reached each figure.
- Contact the institution (bank, title office, DMV) where the asset is held to confirm whether they accept a small estate affidavit and which supporting documents they require.
- If anything is unclear or the estate includes complicated assets (business interests, large or mixed-title holdings, or potential creditor disputes), consult an attorney or the local probate court.
For general Missouri statute resources and to locate the specific statute and form that applies in your county, see the Missouri Revisor of Statutes: https://revisor.mo.gov/. Also check your county probate or circuit clerk’s website for local forms and requirements.
Disclaimer: This information is educational only and does not constitute legal advice. For advice about your specific situation, contact a licensed attorney or the local probate/circuit clerk in Missouri.
Helpful Hints
- Obtain multiple death certificates — banks and title companies often require originals or certified copies.
- Bring proof of your authority (small estate affidavit form, identification) when you contact institutions.
- Keep a written inventory and copies of all documents you used to create the affidavit.
- If an asset is questionable, contact the holder first — many institutions have internal policies on affidavits that differ from court practice.
- Document beneficiary designations carefully: a named beneficiary controls distribution even if there’s a will to the contrary.
- When in doubt, ask the county probate or circuit clerk which procedure applies to a particular asset type before transferring it.
- Consider a short consultation with a Missouri probate attorney if the estate includes real property, business interests, or unresolved debts.