Missouri Small Estate Affidavit: Distribution of Assets Without Letters
Missouri calls its small estate affidavit the distribution of assets without letters. A distributee files it with the probate division of the circuit court to collect the decedent’s property without a full administration when the entire estate, less liens, debts, and encumbrances, is $40,000 or less.
Based on Mo. Rev. Stat. § 473.097
What Is a Missouri Small Estate Affidavit?
A Missouri small estate affidavit is the distribution of assets without letters under Mo. Rev. Stat. § 473.097. A distributee files the affidavit with the probate division of the circuit court to collect estate property when the value of the entire estate, less liens, debts, and encumbrances, does not exceed $40,000, at least 30 days have passed since death, and no application for letters or for refusal of letters is pending or has been granted. A bond of not less than the value of the personal property is required, and notice to creditors must be published when the estate exceeds $15,000. Larger estates use full or independent administration under Chapter 473 instead.
Do you qualify?
- Qualifying threshold
- $40,000 (entire estate, less liens, debts, and encumbrances)The $40,000 limit applies to the value of the entire estate after subtracting liens, debts, and encumbrances, and it counts both personal property and real property. Assets that pass by beneficiary designation, payable-on-death or transfer-on-death registration, a recorded beneficiary deed, joint tenancy with survivorship, or trust are not part of the probate estate and are not counted. An estate over $40,000 uses full or independent administration under Chapter 473 instead.
- Waiting period
- 30 days after death
- Court filing fee
- About $55.50 to $65.50 court cost, plus about $35 more if a will is admitted at the same time; varies modestly by county
- Attorney
- Not typically neededNo statewide requirement; counsel may help with debts, disputes, real property, or the bond
- Real estate
- AllowedMissouri real property can be transferred through the small estate affidavit because the $40,000 test measures the entire estate, not personal property alone. The certified affidavit is recorded with the county recorder of deeds to pass title, which carries its own recording charge. If the value of the entire estate, less liens, debts, and encumbrances, is above $40,000, the real property has to pass through full or independent administration under Chapter 473 instead.
Main Requirements
Entire Estate $40,000 or Less
The value of the entire estate, less liens, debts, and encumbrances, must be $40,000 or less. The test counts personal and real property but excludes nonprobate assets that pass outside the estate.
30-Day Wait
At least 30 days must pass after the date of death before the affidavit can be filed (Mo. Rev. Stat. § 473.097).
No Letters or Refusal Pending
No application for letters of administration or letters testamentary, and no application for refusal of letters, may be pending or already granted when the affidavit is filed.
Bond Required
A bond of not less than the value of the personal property is required. The probate division sets the bond terms; a surety bond premium may apply.
Publication Over $15,000
If the value of the estate exceeds $15,000, notice to creditors must be published in a county newspaper, usually with a publication deposit at filing.
Duty to Pay the Decedent’s Debts
The distributee takes the property subject to the decedent’s valid debts and must apply the property to those debts before keeping any remainder.
Available Small-Estate Options
Small Estate Affidavit (Section 473.097)
- Limit
- Entire estate of $40,000 or less, after liens, debts, and encumbrances
- Real Estate
- Can be included
- Timeline
- 30+ days after death, then file with the probate division
- Typical Fee
- About $55.50 to $65.50 court cost (about $35 more with a will)
Refusal of Letters (Section 473.090)
- Limit
- Creditor path: personal estate of $15,000 or less with no surviving spouse or unmarried minor children; spouse or unmarried minor children: estate not greater than the exempt property and statutory allowances
- Real Estate
- Not included
- Timeline
- Short-form order after the application is filed
- Typical Fee
- About $55.50 court cost
Full or Independent Administration (Chapter 473)
- Limit
- No small-estate dollar cap; estates over $40,000 or needing full authority
- Real Estate
- Can be included
- Timeline
- Commonly about 6 months to a year or longer
- Typical Fee
- County base filing fee plus a statewide graduated additional court cost keyed to inventory value
The affidavit is a sworn statement
The distribution-of-assets affidavit is made under oath, and the distributee who signs it takes on responsibility for the accuracy of the statements, for the required bond, and for applying the property to the decedent’s valid debts before keeping any remainder. Confirm the value, the 30-day wait, the bond, and the publication rule before signing, and ask the probate division or counsel if anything is uncertain.
Step-by-Step Process
Wait 30 Days After Death
Covered in the "Do you qualify?" checklist at the top of this page.
Confirm the Entire Estate Is $40,000 or Less
Value the entire estate and subtract liens, debts, and encumbrances. Confirm the result is $40,000 or less. Do not count nonprobate assets that pass by beneficiary form, survivorship, a recorded beneficiary deed, or trust.
Confirm No Letters or Refusal Is Pending
The affidavit path requires that no application for letters testamentary or of administration, and no application for refusal of letters, is pending or has been granted. Check the probate division record for the county where the decedent lived.
Prepare the Affidavit and Gather Documents
Complete the probate division’s distribution-of-assets affidavit identifying the decedent, the distributees, and the property to be collected. Gather a certified death certificate and the original will if one exists.
Arrange the Bond and Any Publication
A bond of not less than the value of the personal property is required. If the estate exceeds $15,000, notice to creditors must be published in a county newspaper, usually with a publication deposit.
File the Affidavit With the Probate Division
File the affidavit and supporting documents with the probate division of the circuit court and pay the short-form court cost. The distributee takes the property subject to the decedent’s valid debts and must apply it to those debts before keeping any remainder.
County Note: The affidavit is filed with the probate division of the circuit court in the county (or the City of St. Louis) where the decedent was domiciled at death. The short-form court cost varies modestly by county because of local surcharges, and each probate division supplies its own affidavit form. Confirm the current cost and form with the county probate division before filing.
FAQ: Missouri Small Estate Affidavit
Does Missouri have a small estate affidavit?
What is the Missouri small estate affidavit limit?
How long do I have to wait before filing the affidavit?
Can a Missouri small estate affidavit transfer a house?
What if the estate is larger than $40,000?
Do I need an attorney to file the affidavit?
Official Forms, Sources, and VerificationOfficial references used for this page
- Missouri Revised Statutes § 473.097, Small estate; distribution of assets without lettersMissouri Revisor of Statutes. Current official statute text, accessed July 2026.
- Missouri Revised Statutes § 473.090, Refusal of lettersMissouri Revisor of Statutes. Current official statute text, accessed July 2026.
- Probate Manual, Section 5, Court Costs (Rev. 7/2021)16th Judicial Circuit Court of Missouri (Jackson County). Revised July 2021, accessed July 2026.
Information current as of May 31, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Missouri can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.