Missouri Small Estate Affidavit Explained

Missouri calls its small estate process “distribution of assets without letters.” It is a court filing, not an affidavit you simply hand to a bank, and local court practice varies.

What is the threshold?

Under Mo. Rev. Stat. section 473.097, the entire estate, real and personal property together, less liens and encumbrances, must be $40,000 or less. The affidavit forms and a Social Security Administration summary we read describe the test as “less liens and encumbrances.” One secondary summary also says debts are subtracted, and an earlier version of this page said the same; we could not confirm it from the forms and statute summaries, so ask your circuit clerk how the value is counted.

How long must you wait, and is a bond required?

At least 30 days must have passed since the death, and no application for letters testamentary or administration, or for refusal of letters, can be pending or granted. Court packets say a surety bond is required when the estate exceeds $15,000, in the amount of the value of the personal property, and that the bond is waived automatically when the estate is $15,000 or less.

When is notice to creditors published?

When the property listed is worth more than $15,000, the court clerk publishes a notice to creditors in a newspaper, according to a Missouri Court of Appeals opinion describing section 473.097(5). Circuit court packets say publication runs for two weeks and add a publication fee. Estates of $15,000 or less skip that step.

Do you need a lawyer?

It depends on the court. Jefferson County’s 2025 packet says a small estate affidavit can be filed without an attorney only if the estate is under $15,000 and there is no real property. St. Louis County’s packet says an intestate affidavit cannot be filed pro se. The 13th Judicial Circuit’s form says you may file with or without an attorney. An earlier version of this page said Missouri law itself requires an attorney in those cases; the sources show practice differs by circuit, so call your circuit’s probate clerk before you start.

What does it cost?

Fees vary by county. Two county packets we read list court fees of about $70 to over $120, plus a publication fee when notice is required. Ask your clerk for the current amount.

What should I do next?

Add up the real and personal property, subtract liens and mortgages, and compare the result with $40,000 and $15,000. Then call your circuit’s probate clerk about attorney requirements, the bond, and fees.

Add this to your Final Day Plan: a rough list of what you own, including any real estate, and what is owed on it - together, these determine which Missouri process your family can use and whether it will need a lawyer.

Missouri law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult a Missouri-licensed attorney for guidance specific to your situation.