Quick answer
No. Under Missouri law the small‑estate affidavit process applies to collecting certain personal property, not to transferring or selling real estate. The small‑estate rules typically do not require publishing a three‑month notice to creditors. If you need to sell a house that was only in your mother’s name, you will usually need either a way to transfer title outside of probate (for example, joint tenancy, a transfer‑on‑death deed, or beneficiary deed) or formal probate/administration or a court order authorizing the sale.
How Missouri’s small‑estate procedure works (in plain language)
Missouri provides a simplified procedure for collecting some of a decedent’s assets without full probate. That procedure is limited to certain kinds of assets (generally personal property) and is governed by the Missouri small‑estate statute. See Mo. Rev. Stat. §474.360 for the text of the small‑estate affidavit law: https://revisor.mo.gov/main/OneSection.aspx?section=474.360.
Key points:
- Small‑estate affidavits are designed to let an heir or beneficiary collect personal property (bank accounts, personal effects, some vehicles) in limited situations.
- The statute controls what property qualifies; it generally does not authorize transfer or sale of real estate (real property) using the small‑estate affidavit.
- If you open a formal probate administration, Missouri’s probate rules contain the procedures and notice requirements (including creditor notice) for estates. See Missouri probate law, Chapter 473: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473.
Why you usually can’t sell the house using the small‑estate affidavit
The small‑estate process is not a shortcut for transferring title to land. Most title companies and county recorder offices will not accept a small‑estate affidavit as a way to transfer real estate ownership. To sell real property that was owned solely by your mother, you generally need either:
- A method that automatically transfers title at death (joint tenancy with right of survivorship, or a valid transfer‑on‑death/beneficiary deed if one was executed);
- A court‑appointed personal representative (executor/administrator) with letters testamentary/letters of administration obtained through probate; or
- A court order authorizing sale of the property (in certain situations a court can approve a sale without full administration).
Do you have to publish a 3‑month notice to creditors?
No—there is not a separate requirement under the small‑estate affidavit statute that you publish a three‑month creditor notice. Publication of a notice to creditors is typically part of formal probate administration under Missouri probate rules (Chapter 473). In a full administration, the personal representative must follow probate notice requirements so creditors can file claims. If you proceed only with a small‑estate affidavit to collect qualifying personal property, the affidavit procedure generally does not involve publishing a three‑month creditor notice.
Common scenarios and what to expect
- If the house was owned jointly with right of survivorship: The surviving owner usually becomes full owner and can sell without probate.
- If there is a valid transfer‑on‑death (beneficiary) deed: The beneficiary may take title outside probate after the proper procedures are followed.
- If the house was solely in your mother’s name and there is no survivorship or beneficiary deed: You will likely need to open probate (or obtain a court order) so the personal representative can get authority to sell. Formal probate commonly includes creditor notice and timelines governed by Chapter 473.
- If the estate is very small but includes real estate: Small‑estate affidavit usually won’t help transfer the real estate; probate or a court order will still be necessary.
Practical next steps
- Check title records. Confirm how the house is titled (sole ownership, joint tenancy, or beneficiary deed). Your county recorder’s office can help locate the deed.
- Look for estate planning documents. Check for a will, deeds naming beneficiaries, or beneficiary designations that could avoid probate.
- Contact the probate court clerk. Explain the situation and ask whether probate or a summary procedure is needed to transfer or sell the property.
- Talk with a title company. Title companies can tell you what documentation they require to insure a sale; they will often require letters from the probate court or a court order for transfers after death.
- Get legal advice if unsure. A probate attorney can explain whether small‑estate procedures apply, whether a simplified administration is available, or whether you must open full probate to sell the home.
Helpful hints
- Small‑estate affidavits are mainly for personal property — don’t assume they let you sell real estate.
- If the house has a mortgage, the lender’s payoff and procedures will affect a sale; contact the lender early.
- Check for a transfer‑on‑death/beneficiary deed — if one exists and is valid, the beneficiary may be able to take title without probate.
- Title companies and county recorders are practical checkpoints: if they won’t accept a small‑estate affidavit for the deed, you’ll need probate or a court order.
- If you open probate, ask the court clerk whether written or published creditor notice is required and how long claim periods run under Chapter 473: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473.
- Keep good records of communications, filings, and expenses related to the estate — they matter if estate administration becomes necessary.
Where to get help
If you’re unsure how the property is titled or whether small‑estate procedures apply, contact the probate court clerk in the county where your mother lived, or consult a probate attorney. A title company can also tell you what documentation they will accept for a sale.
Disclaimer: This article provides general information about Missouri law and is not legal advice. It does not create an attorney‑client relationship. For advice tailored to your situation, consult a licensed Missouri attorney.