Missouri Probate Types: Small Estate Affidavit, Refusal of Letters, and Independent vs Supervised Administration
Missouri probate is handled by the probate division of the circuit court in the county where the decedent lived. The main choice is whether the estate qualifies for a short form (the small estate affidavit or refusal of letters) or needs full administration, which can run under independent administration or supervised administration.
Compare eligibility, timing, court involvement, and local verification points
How to Compare Missouri Probate Types
Missouri does not use the Uniform Probate Code’s informal and formal tracks. Probate is handled by the probate division of the circuit court, and the personal representative applies for letters testamentary when there is a will or letters of administration when there is not. Once appointed, the estate can proceed under supervised administration, with court oversight of major steps, or under independent administration when the will authorizes it or the distributees agree.
The practical question is which path fits the estate. The small estate affidavit (Mo. Rev. Stat. § 473.097) distributes assets without letters when the entire estate, less liens, debts, and encumbrances, is $40,000 or less, 30 days after death. Refusal of letters (Mo. Rev. Stat. § 473.090) is an even shorter form for a surviving spouse or unmarried minor children, or for a creditor when the personal estate is $15,000 or less. Larger estates use full administration. Missouri imposes no probate tax and currently no state estate tax or inheritance tax.
Small Estate Affidavit, Refusal of Letters, and Independent vs Supervised Administration at a Glance
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| Category | Small Estate Affidavit, Refusal of Letters, and Independent | Supervised Administration | Winner |
|---|---|---|---|
| Small probate estate | The small estate affidavit distributes an entire estate of $40,000 or less without letters (Mo. Rev. Stat. § 473.097) | Full administration opens a case with letters, an inventory, and creditor notice | Small Estate Affidavit, Refusal of Letters, and Independent |
| Estate size | Capped at an entire estate of $40,000 or less, after liens, debts, and encumbrances | No dollar cap on full administration | Small Estate Affidavit, Refusal of Letters, and Independent |
| Court oversight | Refusal of letters and the small estate affidavit avoid administration; independent administration runs with little routine oversight | Supervised administration keeps the court involved in approving major steps | Tie |
| Court costs | Short-form costs are about $55.50 to $65.50 for the small estate affidavit and about $55.50 for refusal of letters | A county base filing fee plus the statewide graduated additional court cost keyed to inventory value | Small Estate Affidavit, Refusal of Letters, and Independent |
| Disputes and creditors | The short forms are a poorer fit for contested estates or complex creditor situations | Supervised administration with published notice and court-reviewed settlements is built for creditors and disputes | Supervised Administration |
Main Missouri Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
Small Estate Affidavit Mo. Rev. Stat. § 473.097 | Entire estate of $40,000 or less, after liens, debts, and encumbrances; 30 days after death; no letters or refusal pending | About $55.50 to $65.50 (about $35 more if a will is admitted) | 30+ days after death, then file the affidavit; a bond and, over $15,000, published notice are required | Yes, by recording the certified affidavit with the county recorder of deeds | No statewide requirement | Small estates of $40,000 or less that can be distributed without opening a full administration |
Refusal of Letters Mo. Rev. Stat. § 473.090 | Surviving spouse or unmarried minor children when the estate is not greater than the exempt property and allowances; or a creditor when the personal estate is $15,000 or less with no surviving spouse or unmarried minor children | About $55.50 | Short-form order after the application is filed | Limited; used mainly to clear small estates without administration | No statewide requirement | A surviving spouse or unmarried minor children, or a small-dollar creditor estate, that can avoid administration entirely |
Independent Administration Mo. Rev. Stat. § 473.780 to § 473.843 | No dollar cap; available when the will authorizes independent administration or the distributees request or consent | County base filing fee plus the statewide graduated additional court cost keyed to inventory value | Commonly about 6 months to a year, including the creditor-claim period after published notice | Yes | No statewide requirement; most estates use counsel | Estates whose will authorizes it or whose distributees agree, wanting full authority with less court oversight |
Supervised Administration Mo. Rev. Stat. Chapter 473 | No dollar cap; the default when independent administration is not authorized or requested | County base filing fee plus the statewide graduated additional court cost keyed to inventory value | Commonly about 6 months to a year or longer, with court review of major steps | Yes | No statewide requirement; most estates use counsel | Larger estates, contested estates, or estates that need close court oversight of the personal representative |
Small Estate Affidavit
Mo. Rev. Stat. § 473.097
Small estates of $40,000 or less that can be distributed without opening a full administration
Threshold: Entire estate of $40,000 or less, after liens, debts, and encumbrances; 30 days after death; no letters or refusal pending
Filing Fee: About $55.50 to $65.50 (about $35 more if a will is admitted)
Timeline: 30+ days after death, then file the affidavit; a bond and, over $15,000, published notice are required
Real Estate: Yes, by recording the certified affidavit with the county recorder of deeds
Attorney: No statewide requirement
Refusal of Letters
Mo. Rev. Stat. § 473.090
A surviving spouse or unmarried minor children, or a small-dollar creditor estate, that can avoid administration entirely
Threshold: Surviving spouse or unmarried minor children when the estate is not greater than the exempt property and allowances; or a creditor when the personal estate is $15,000 or less with no surviving spouse or unmarried minor children
Filing Fee: About $55.50
Timeline: Short-form order after the application is filed
Real Estate: Limited; used mainly to clear small estates without administration
Attorney: No statewide requirement
Independent Administration
Mo. Rev. Stat. § 473.780 to § 473.843
Estates whose will authorizes it or whose distributees agree, wanting full authority with less court oversight
Threshold: No dollar cap; available when the will authorizes independent administration or the distributees request or consent
Filing Fee: County base filing fee plus the statewide graduated additional court cost keyed to inventory value
Timeline: Commonly about 6 months to a year, including the creditor-claim period after published notice
Real Estate: Yes
Attorney: No statewide requirement; most estates use counsel
Supervised Administration
Mo. Rev. Stat. Chapter 473
Larger estates, contested estates, or estates that need close court oversight of the personal representative
Threshold: No dollar cap; the default when independent administration is not authorized or requested
Filing Fee: County base filing fee plus the statewide graduated additional court cost keyed to inventory value
Timeline: Commonly about 6 months to a year or longer, with court review of major steps
Real Estate: Yes
Attorney: No statewide requirement; most estates use counsel
* Missouri probate division court costs are a county base filing fee (about $155.50 to $215 for a full decedent’s estate) plus a statewide graduated additional cost keyed to the total inventory value (Mo. Rev. Stat. §§ 488.010 to 488.020): $0 up to $50,000, then $50 for each additional $50,000, capped at $450 over $450,000. The small estate affidavit short form costs about $55.50 to $65.50, and refusal of letters about $55.50. Personal representative and attorney compensation each follow the Mo. Rev. Stat. § 473.153 minimum schedule. Missouri has no probate tax and currently no state estate tax or inheritance tax.
Unfamiliar terms in the comparison? The Missouri probate glossary defines them in plain language.
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