Short answer: Missouri’s small estate affidavit lets heirs skip full probate when the whole estate, after liens and debts, is worth $40,000 or less. It can be used 30 days after the death if no probate case is pending, and it does cover a house: the certified affidavit gets recorded with the county recorder of deeds (RSMo 473.097).
The Four Conditions in the Statute
The affidavit is only available when every one of these is true (RSMo 473.097):
- The net estate is $40,000 or less. The test uses the value of the entire estate after subtracting liens, debts and encumbrances.
- At least 30 days have passed since the death, and no application for letters of administration (or for refusal of letters) is pending or has been granted.
- A bond is filed, at least equal to the value of the personal property, unless the judge or clerk decides one isn’t needed.
- The court fee is paid, plus the cost of publishing a creditor notice when one is required.
Running the $40,000 Test on a House With a Mortgage
Because liens are subtracted, a house with a loan on it can still fit. For example, if a house is worth $120,000 and still owes $95,000 on its mortgage, it counts as $25,000. Add the car, bank accounts and other probate property, and check whether the total stays at or under $40,000.
Two things to keep in mind. First, the mortgage doesn’t go away: the statute says the affidavit doesn’t change a secured creditor’s rights, so the loan still has to be paid or paid off at a sale. Second, property the person owned as a joint tenant or as a tenant by the entirety isn’t part of the affidavit at all. A house that already passed under a recorded beneficiary deed also skips probate (RSMo 461.025). A Missouri probate attorney can tell you which of these applies.
From Signed Affidavit to Heirs on Title
- Wait out the 30 days. If there is a will, it has to be presented to the probate court within the usual deadlines (RSMo 473.050). The executor named in the will signs the affidavit; if there’s no will, any heir entitled to the property can.
- List everything. The affidavit itemizes and values the property, names who holds it, and names each heir, their address and relationship, and what they receive. It also states that debts and any estate taxes have been or will be paid.
- File it with the probate clerk. The clerk attaches a certificate naming who is entitled to the property.
- Creditor notice, if needed. When the listed property is worth more than $15,000, the clerk publishes a notice to creditors once a week for two weeks.
- Record it. The heirs file a copy of the affidavit and clerk’s certificate with the recorder of deeds in each county where the house sits. For a Kansas City house, that is usually Jackson, Clay or Platte County.
Debts come first. The person signing the affidavit collects the property, can sell what’s needed to pay the person’s debts, and then distributes what’s left. Most claims are cut off one year after the death (RSMo 473.444).
When Heirs Need Full Probate Instead
- The net estate is worth more than $40,000.
- Someone has already applied for letters, so a probate case is open.
- The heirs disagree about who gets the house, or an heir can’t be found.
- Debts are larger than what the estate owns.
In those cases, read how long probate takes in Missouri and whether a house in probate can be sold.
Selling the House Once It’s in the Heirs’ Names
Many small estates are small because the house is old, needs work or still carries a loan. Once the affidavit and certificate are recorded, the heirs can sell, and a cash sale means no repairs, no cleanout and no agent commission. Every heir on the record will usually need to sign, so agree on the plan first.
Learn how we buy inherited houses for cash, see the paperwork in documents required for selling inherited property, or check all the cities we buy in, from Kansas City to Clay County.
This guide is general information, not legal advice. Talk to a Missouri probate attorney or the probate clerk in your county about your situation.
Missouri Small Estate Affidavit FAQs
It is a sworn statement filed with the probate division that lets heirs collect a small estate without full probate. Under RSMo 473.097 it can be used when the estate, minus liens and debts, is worth $40,000 or less, at least 30 days have passed since the death, and no application for letters is pending or has been granted.
Yes. RSMo 473.097 covers real estate. After the clerk certifies the affidavit, the heirs file a copy of the affidavit and the clerk’s certificate with the recorder of deeds in the county where the house is. That record establishes their right to the house.
The limit applies to the value of the entire estate less liens, debts and encumbrances (RSMo 473.097), so a mortgage on the house reduces the number that is tested. The mortgage itself is not erased: the law says the affidavit does not affect the rights of secured creditors.
Yes, when the property listed in the affidavit is worth more than $15,000. The clerk publishes a notice to creditors once a week for two consecutive weeks (RSMo 473.097). Separately, most claims against a Missouri decedent’s estate are barred one year after the death (RSMo 473.444).
Generally, yes. Once the affidavit and clerk’s certificate are recorded, the listed heirs can sell like any other owners, and everyone named on the record will usually need to sign. Ask the title company early what it needs to insure the sale.
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