What Documents Are Needed to Complete a Small Estate Affidavit in Missouri?

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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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.