Form 556 D PDF Details

The 556 D form serves a crucial role within the Circuit Court of Clay County, Missouri's Probate Division, especially when handling estates valued at less than $40,000. This form is essentially an affidavit for establishing the right of a distributee, either designated as a personal representative under the decedent's will or entitled to receive property of the decedent, to claim title to property within the estate. It comes into play after the decedent’s passing, streamlining the process for small estates by potentially bypassing the need for full probate proceedings. The affidavit requires thorough information about the decedent, including their date of birth, date of death, and residence. It also demands a detailed account of the estate’s assets, the payment or provision for the decedent's unpaid debts, and taxes if any. Moreover, it lists the heirs and their entitlement based on their relationship to the decedent, alongside an itemized description and valuation of the property involved, whether real or personal. Key to this process is the condition that no application for letters testamentary or administration or for refusal of letters is pending or has been granted within thirty days since the decedent's death. This form, revised on August 7, 2015, embodies a simplified yet formal method for transferring a decedent's property to the rightful heirs without the often lengthy and costly probate process for small estates.

QuestionAnswer
Form NameForm 556 D
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other names556 d, mo establish estate, d establish distributee, missouri d distributee

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CIRCUIT COURT OF CLAY COUNTY, MISSOURI

PROBATE DIVISION

Estate No.

IN THE ESTATE OF

 

, Deceased.

AFFIDAVIT TO ESTABLISH TITLE OF DISTRIBUTEE TO

PROPERTY IN ESTATE HAVING LESS THAN $40,000.00

The undersigned, *(a person designated as personal representative under the will of the decedent presented for probate within the limitation periods specified in Section 473.050, RSMo.) * (a distributee entitled to receive property of the decedent), being first duly sworn, states:

Decedent’s date of birth was

 

, and died on

 

.

 

Decedent resided at

 

 

 

 

 

.

*(Decedent left a will that was presented for probate within the limitation periods specified Section

473.050, RSMo. which was duly admitted, to Probate by this Court on

 

 

.)

 

 

*(No Will has been presented for Probate.)

All unpaid debts, claims or demands against the decedent or the decedent’s estate and all estate taxes due, if any, on the property transfers involved, have been or will be paid, except that any liability by the affiant for the payment of unpaid claims shall be limited to the value of the property received.

Attached hereto as Appendix A is an itemized description and valuation of all of the property of said decedent, together with the names and addresses of the persons having possession of the same (including registrars or transfer agents of all corporate shares and bonds.)

Attached hereto as Appendix B are the names, addresses and relationship to the decedent of the persons entitled to and who will receive the property, and who are entitled at the present time to take a defeasible interest in said property, and the facts establishing their right to the real and personal property described in Appendix A attached hereto.

The value of the entire estate, less debits, liens and, encumbrances, does not exceed the amount of forty thousand dollars (if decedent’s date of death is less than one year prior to filing the Affidavit and decedent’s debts are used to reduce the value of decedent’s assets to forty thousand dollars, petitioner must attach to the Affidavit a list of creditors along with the amount owed to each creditor).

Thirty days have elapsed since the death of the decedent and no application for letters testamentary or for administration or for refusal of letters under Section 473.090 RSMo, is pending or has been granted.

Form 556-D

Page 1 of 4

* Strike if inapplicable

Revised 8/7/2015

 

 

(A bond in the amount of $

, with corporate surety has been filed with

and approved by the Court.)

 

 

AFFIANT:

(Signature)

ADDRESS:

TELEPHONE:

Subscribed and sworn to before me on Notary commission expires

The undersigned distributees hereby waive bond.

.

Notary Public

Division Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Subscribed and sworn to before me on

.

Notary commission expires

 

 

 

 

 

 

Notary Public

 

Division Clerk

ATTORNEY FOR AFFIANT:

 

 

BAR #:

 

 

ADDRESS:

 

 

ZIP:

 

 

TELEPHONE:

 

 

 

 

 

 

 

 

Form 556-D

Page 2 of 4

* Strike if inapplicable

Revised 8/7/2015

 

 

APPENDIX A

REAL PROPERTY

VALUE

PERSONS HAVING POSSESSION

(Give legal description and street address)

(Less liens and

(Give name and address)

 

encumbrances)

 

 

$

 

$

PERSONAL PROPERTY

VALUE

PERSONS HAVING POSSESSION

 

(Less liens and

(Give name and address)

 

encumbrances)

 

 

$

 

 

 

 

 

$

 

 

 

 

 

$

 

 

 

 

 

$

 

 

 

 

 

$

 

 

 

 

 

$

 

 

 

 

 

$

 

 

 

 

 

$

 

 

 

 

 

$

 

 

 

 

 

$

 

 

 

 

Form 556-D

Page 3 of 4

* Strike if inapplicable

Revised 8/7/2015

 

 

APPENDIX B

NAME

RELATIONSHIP

BIRTH DATE

 

ADDRESS

Heirs or Legatee’s. Include

(Thru whom)

(If under 18)

 

Complete

Spouse, Children, (Court will

 

 

 

 

 

 

need to know if there is/is not

 

 

 

 

 

 

a surviving spouse or minor

 

 

 

 

 

 

children) Parents, Lineal

 

 

 

 

 

 

Descendants,

 

 

 

 

 

 

Guardians/Conservators,

 

 

 

 

 

 

Trustees

 

 

 

 

 

 

IF PREDECEASED, PLEASE

 

 

 

 

 

 

INDICATE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DISTRIBUTEES

 

 

 

 

 

 

 

NAME

 

RELATIONSHIP

 

COMPLETE ADDRESS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The facts establishing the foregoing named persons’ right to decedent’s real and personal property as

prescribed by Section 473.097 RSMo are as follows:

Form 556-D

Page 4 of 4

* Strike if inapplicable

Revised 8/7/2015

 

 

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Part # 3 of completing 556 d

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