A Missouri small estate affidavit is a sworn written statement that a distributee, meaning a person entitled to receive property of the decedent, uses to claim that property under Mo. Rev. Stat. § 473.097. The estate must be worth no more than forty thousand dollars after liens, debt, and encumbrances. A distributee may submit the affidavit any time after thirty days have passed since the death.[1.1]
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Missouri law. If you notice an error or outdated information, please contact us.
Build Your Document
Answer a few simple questions to make your document in minutes
Save and Print
Save progress and finish on any device, download and print anytime
Sign and Use
Your valid, lawyer-approved document is ready
A small estate affidavit is a short sworn statement used to collect a deceased person's property. The rules and the form differ in each state. The details on this page apply to Missouri.
A small estate affidavit lets a distributee collect the property of a decedent without a full estate administration. In Missouri the small estate affidavit statute is Mo. Rev. Stat. § 473.097. The affidavit is available when the estate is small enough and the waiting period has passed.[1.1]
The statute states the value limit this way:
The value of the entire estate, less liens, debt, and encumbrances, does not exceed forty thousand dollars
These are the conditions the statute sets for a distributee:[1.1]
Property the decedent held as a joint tenant or as a tenant by the entirety does not count as the decedent's property under the small estate procedure. Both are forms of shared ownership.[1.1]
A will does not rule out the affidavit: it states that the decedent left no will or that the will was presented for probate within the time limits the law sets. The personal representative named in a will presented for probate may make the affidavit, and otherwise any distributee entitled to receive property of the decedent may make it (Mo. Rev. Stat. § 473.097.2).[1.3]
| Max. Estate | $40,000, after liens, debt, and encumbrances |
| Min. Time to Wait After Death | 30 days |
| Where to File | Office of the clerk of the probate division |
| Bond | Not less than the value of the personal property |
| State Laws | Mo. Rev. Stat. § 473.097 |
The small estate affidavit goes to the clerk of the court that has jurisdiction and venue over the estate. A copy of the small estate affidavit and certificate is filed in the office of the clerk of the probate division, and the clerk furnishes copies.[1.2] The distributee also files a bond. Listed property worth more than fifteen thousand dollars also triggers a notice to creditors.[1.1]
The person making the small estate affidavit must file a bond. The bond must be in an amount not less than the value of the personal property, and the judge or clerk of the probate division must approve it.[1.1]
The bond is conditioned on three things:
Proceedings against the sureties (the parties who guarantee the bond) must start within two years after the bond is filed. After that, the liability of the sureties ends.[1.1]
When the property listed in the small estate affidavit is worth more than fifteen thousand dollars, the clerk must have a notice to creditors published. It runs in a newspaper of general circulation in the county. The notice tells the decedent's creditors to file their claims in the court or be forever barred.[1.1]
The notice runs once a week for two consecutive weeks. Proof of publication is due within ten days after the publication is complete.[1.1]
The Missouri form is titled "Affidavit to Establish Title of Distributee to Property in Estate Having Less Than $40,000.00." It has four pages. The steps below follow its order, from the estate caption on page 1 to the facts section on page 4. You can fill out the small estate affidavit form online with FormsPal and download it as a PDF.
The screenshots under each step show the FormsPal Missouri small estate affidavit template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
General information, not legal or tax advice.
Missouri's small estate procedure has a value limit. The small estate affidavit is available when the entire estate, after liens, debt, and encumbrances, does not exceed forty thousand dollars under Mo. Rev. Stat. § 473.097.[1.1]
Yes. Mo. Rev. Stat. § 473.097 sets up a small estate affidavit procedure for estates up to forty thousand dollars after liens, debt, and encumbrances.[1.1]
The statute sets the earliest point. A distributee entitled to receive property of the decedent may submit the small estate affidavit any time after thirty days have passed since the decedent died.[1.1]
The limit for a small estate affidavit is forty thousand dollars. It is measured on the entire estate after liens, debt, and encumbrances.[1.1]
For the small estate affidavit, the ceiling is forty thousand dollars of value in the entire estate after liens, debt, and encumbrances. Estates within that value can use the small estate affidavit procedure.[1.1]
