Missouri Small Estate Affidavit: $40,000 Limit, Bond and Forms

Missouri lets the people entitled to a small estate collect it by filing an affidavit to establish title of distributee under RSMo 473.097, as long as the value of the entire estate, less liens, debt and encumbrances, does not exceed $40,000. You must wait until 30 days have passed since the death, and no application for letters of administration or for refusal of letters can be pending or granted.

Missouri's version works differently from the bank-only affidavits used in many states. The affidavit is filed with the probate division of the circuit court along with a bond (unless the court dispenses with it) and a fee, the clerk issues a certificate, and banks and the recorder of deeds rely on that certificate. For how other states handle this, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Missouri small estate affidavit under RSMo 473.097 and 473.100, refusal of letters under RSMo 473.090 and the exempt property rule in RSMo 474.250, plus the Missouri Department of Revenue vehicle titling routes. It does not cover full probate administration, who inherits under Missouri intestacy rules, estate tax, or the law of any other state.

Missouri small estate options at a glance

Missouri has one small estate affidavit and a related court procedure called refusal of letters. Each has its own test.

When you can use the Missouri small estate affidavit

RSMo 473.097 sets the test: "The value of the entire estate, less liens, debt, and encumbrances, does not exceed forty thousand dollars." The cap is measured after subtracting what the decedent owed against the property, and it covers both personal property and real estate.

Some property is left out of the count. For the affidavit, the statute says the phrase "property of the decedent" does not include property the decedent held as a tenant by the entirety or a joint tenant at the time of death.

The Missouri Courts forms page describes the same test slightly differently: the forms may be used only if the value of the entire estate, less liens, debts, easements, leases and mortgages, does not exceed forty thousand dollars.

The $40,000 figure is a flat amount, not adjusted for inflation. The Missouri Revisor of Statutes shows section 473.097 in the version effective August 28, 2002.

The statute does not say how payable-on-death accounts, transfer-on-death assets or life insurance with a named beneficiary count toward the $40,000. If the estate includes those, ask the probate division clerk in the county where the person lived before you assume the estate fits.

Watch out: You will see $15,000 attached to Missouri small estates. That is not the affidavit limit. It is the point above which the clerk must publish a notice to creditors (RSMo 473.097), and the personal estate limit for a creditor's refusal of letters (RSMo 473.090).

How long you have to wait

Section 473.097 requires that "Thirty days have elapsed since the death of the decedent." The same condition requires that no application for letters, for administration or for refusal of letters under section 473.090 is pending or has been granted, unless a refusal was later revoked.

So if anyone has already asked the court to open a regular probate estate, the affidavit is not available while that application is pending or after it is granted.

Who can sign the affidavit

The statute names two possible affiants. If the decedent left a will that was presented for probate within the time limits in RSMo 473.050, the person the will designates as personal representative makes the affidavit.

Otherwise, any distributee entitled to receive property of the decedent can make it, at any time after 30 days from the death. The court forms follow the same split: PR 16 is for heirs when there is no will (or the will was not admitted within one year), and PR 17 is for legatees under a will that has been admitted.

How to use the affidavit, step by step

1. Get the right official form

The Missouri Courts publish statewide probate forms on their probate forms page. For a small estate, the forms are:

• PR 16, Affidavit to Establish Title of Distributee, Small Estate, Intestate, filed with PR 22 (Exhibit A) and PR 26 (Exhibit B, Heirs).
• PR 17, the testate version, filed with PR 22 (Exhibit A) and PR 27 (Exhibit B, Legatees).

Local rules vary by circuit, so ask the probate clerk in the county where the person lived whether you can file without a lawyer before you prepare the forms. For example, the 23rd Judicial Circuit (Jefferson County) requires a lawyer for any estate over $15,000 and any estate that includes real property, and allows a small estate affidavit without a lawyer only when the estate is less than $15,000 and has no real property (Administrative Order 10-19-22). The same county packet warns that banks may refuse the small estate certificate.

2. Complete what the affidavit must state

Under RSMo 473.097, the affidavit must state:

• that there is no will, or that the will was presented for probate in time;
• that all unpaid debts, claims or demands against the decedent or the estate, and all estate taxes due on the transfers, have been or will be paid;
• an itemized description and valuation of the property, with the names and addresses of the people holding it;
• the names, addresses and relationship of the people entitled to the property, and the facts that establish their right to it.

The affidavit is a sworn statement. Local versions of the form, such as Jackson County's, are signed before a notary public or the probate division clerk; check the PR 16 or PR 17 form and ask the clerk how your county handles the oath.

3. File a bond

The person making the affidavit must file "a bond, in an amount not less than the value of the personal property, approved by the judge or clerk of the probate division." The bond is conditioned on paying the decedent's debts (including debts owed to the State of Missouri) and funeral and burial expenses, on complying with court orders, and on delivering any property the distributee is not entitled to to the people who are entitled to it.

The surety's liability on the bond ends unless proceedings against it begin within two years after the bond is filed. The court may dispense with the bond if it is not necessary.

4. Pay the fee and any publication cost

A fee in the amount prescribed in subsection 1 of RSMo 483.580 must be paid. The statute does not state the dollar amount, and fees can differ by county. As one example, Jefferson County's 2025 packet lists $85.50 without a will and $120.50 with a will, plus $40 for publication when the estate is $15,000 or more. Confirm the current figure with the probate clerk in the county where you file.

When the value of the property listed in the affidavit is more than $15,000, the clerk publishes a notice to creditors in a newspaper of general circulation in the county once a week for two consecutive weeks. The notice tells creditors that section 473.444 would bar their claims one year after the death. You pay, or prove payment of, the publication cost.

5. File with the probate division and get the clerk's certificate

A copy of the affidavit and the clerk's certificate is filed in the office of the clerk of the probate division. The certificate is attached to or endorsed on the affidavit and shows the names and addresses of the people entitled to the property, recites that the will was probated or that none was presented, and states that all estate taxes due have been paid.

The statute describes approval of the bond by the judge or clerk; it does not describe a hearing before a judge.

6. Collect, pay debts and distribute

The affiant collects the property described in the affidavit, sells it to the extent needed to pay debts, and then distributes it to the people named in the affidavit. If the property is not enough to pay the debts, the distributees' shares are reduced under RSMo 473.620. A bank or other holder that pays or transfers property on the affidavit is discharged as if it had paid an executor or administrator, and RSMo 473.100 says it does not have to look into whether the affidavit is true. If a holder refuses, the property can be recovered by a lawsuit on proof of the distributee's right.

Can you transfer a house with a Missouri small estate affidavit?

Yes, as long as the whole estate, including the real estate, fits within the $40,000 limit. Section 473.097 provides that distributees "may establish their right to succeed to the real estate of the decedent by filing a copy of the foregoing affidavit and certificate of the clerk in the office of the recorder of deeds of each county where the real property is situated."

That makes Missouri different from the many states whose affidavits reach only bank accounts and other personal property. Some circuits require a lawyer when the estate includes real property; Jefferson County does by local administrative order, so check with your county's probate clerk first. For finding a county recorder and the existing deed, see our guide to Missouri property records.

Transferring a vehicle

The Missouri Department of Revenue describes two routes for a vehicle titled in the deceased owner's name.

Spouse or minor child, one vehicle. The DOR says: "A surviving spouse or unmarried minor child may transfer ownership of a vehicle (limited to one vehicle) titled in the deceased owner's name without obtaining a probate order." The DOR lists Form 108 (title application), the decedent's title, proof of death (a death certificate or obituary), a notarized Form 2305 (Affidavit to Establish Title to Exempt Property), an $8.50 duplicate title fee and a $9 processing fee.

Small estate certificate or affidavit. Submit Form 108, the title assigned (or a duplicate), the original or a certified copy of the Small Estate Certificate/Affidavit, and the fees, which the DOR lists as $17.50 for a motor vehicle or trailer title.

The DOR says a vehicle with no transfer-on-death beneficiary otherwise has to go through probate before it can be transferred. The DOR does not state a separate value cap for the vehicle.

Final paycheck, unclaimed property and other assets

Final wages. The research for this article did not find a Missouri statute that lets a family member collect a deceased worker's final paycheck outside probate. If wages are owed, ask the employer what it requires, and count the wages as estate property when you value the estate.

Unclaimed property. The Missouri State Treasurer's Table of Heirship form asks for the deceased owner's name, date of death and your relationship to the deceased, and asks you to list all known relatives and certify, under penalty of perjury and before a notary, that the estate was not probated. Whether the Treasurer accepts a small estate affidavit, and any limit it applies, was not confirmed for this article. See our guide to Missouri unclaimed property and check with the Treasurer's office.

Debts, creditors and liability

The affiant swears that the decedent's debts, claims and estate taxes have been or will be paid. Section 473.097 limits the affiant's personal liability for unpaid claims "to the value of the property received."

Under RSMo 473.100, anyone who receives property through the affidavit is "answerable and accountable therefor" to any executor or administrator later appointed, to a surviving spouse or minor children proceeding under section 473.090 or 473.093, or to any person with a superior right. If you collect property that belongs to someone else, you can be made to account for it.

Once the procedure is completed, section 473.097 provides that the personal property and real estate involved cannot later be taken in execution for debts or claims against the decedent, with the same effect as a complete administration, except for the rights of secured creditors.

False statements. The affidavit is sworn. Under RSMo 575.040, a person commits perjury if, with the purpose to deceive, he or she knowingly testifies falsely to a material fact upon an oath legally administered in an official proceeding before a court, notary public or other officer authorized to administer oaths. Perjury in a proceeding not involving a felony charge is a class E felony.

Refusal of letters: a route for a spouse, minor children or a creditor

Section 473.090 gives the probate court discretion to refuse letters, meaning it orders that no administrator be appointed. It covers two situations.

Surviving spouse or unmarried minor children. When the estate is no greater than the exempt property and the support allowance under RSMo 474.260, the court can refuse letters. Under RSMo 474.250, a surviving spouse or unmarried minor children are entitled to certain property "without regard to its value," including one automobile or passenger vehicle, wearing apparel, household furniture and appliances, and the family bible and books. The spouse or children may keep the property, and they can make record title to real estate by recording a certified copy of the order of refusal with the recorder of deeds.

Creditors. When the personal estate does not exceed $15,000 and there is no surviving spouse or unmarried minor child, a creditor can apply. Anyone who paid the funeral expenses or debts of the decedent is treated as a creditor for this purpose. A creditor must post a bond of not less than the estate's value (the court may dispense with it) and must apply what it collects to the estate's debts in order of priority. The creditor route does not reach real estate.

The court forms are PR 33 (surviving spouse), PR 25 (unmarried minor children) and PR 23 (creditor), each with PR 22 Exhibit A, on the Missouri Courts probate forms page.

When you need probate instead

The affidavit is not available when the estate, after liens and debts, is worth more than $40,000, or when an application for letters has already been filed or granted. It is also a poor fit when heirs disagree about who is entitled, or when debts may exceed what the estate holds.

In those cases, a probate estate with an appointed personal representative is the usual route. See our guide to Missouri probate for how that process works.

Related

• Small estate affidavit rules by state
• Missouri probate guide
• Missouri property records
• Missouri unclaimed property
• Kansas small estate affidavit

Disclaimer: This article provides general legal information about Missouri law (RSMo 473.090, 473.097, 473.100 and 474.250), verified on 2026-10-07. It is not legal advice. For your specific situation, contact the clerk of the probate division of the circuit court in the county where the person lived, a legal aid office, or a lawyer licensed in Missouri.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Missouri?

$40,000. Under RSMo 473.097 the value of the entire estate, less liens, debt and encumbrances, cannot exceed forty thousand dollars. Property the decedent held as a joint tenant or tenant by the entirety does not count as property of the decedent for the affidavit.

How long after death can I use a small estate affidavit in Missouri?

Thirty days. RSMo 473.097 requires that 30 days have elapsed since the death and that no application for letters or for refusal of letters is pending or has been granted.

Does a small estate affidavit need to be filed with the court in Missouri?

Yes. A copy of the affidavit and the clerk's certificate is filed with the clerk of the probate division, along with a bond approved by the judge or clerk (unless the court dispenses with it) and the fee set by RSMo 483.580.

Can I transfer a house with a small estate affidavit in Missouri?

Yes, if the whole estate fits under the $40,000 limit. RSMo 473.097 lets distributees establish their right to the real estate by filing a copy of the affidavit and the clerk's certificate with the recorder of deeds of each county where the property is located.

Why do some Missouri sources mention $15,000?

That figure is not the affidavit limit. It is the point above which the clerk must publish a notice to creditors under RSMo 473.097, and the personal estate limit for a creditor's application for refusal of letters under RSMo 473.090.

Do I need a bond for a Missouri small estate affidavit?

RSMo 473.097 requires a bond in an amount not less than the value of the personal property, approved by the judge or clerk of the probate division. The court may dispense with the bond if it is not necessary.

How do I transfer a car title in Missouri after the owner dies?

The Missouri Department of Revenue lets a surviving spouse or unmarried minor child title one vehicle without a probate order using Form 108 and a notarized Form 2305. Otherwise you can submit Form 108 with the original or certified Small Estate Certificate/Affidavit.

Can I be held responsible for the decedent's debts after using the affidavit?

The affiant swears that debts, claims and estate taxes have been or will be paid, but RSMo 473.097 limits the affiant's liability for unpaid claims to the value of the property received. Under RSMo 473.100, recipients remain answerable to anyone with a superior right.